Berry CRM is a product of Raspberry IT Services LLC. This Berry CRM Subscription Agreement is by and between Raspberry IT Services LLC and the Client specified on the Raspberry Authorization Form (Client name) and applies to Client’s use of Berry CRM.
- a) Berry CRM provides an on-demand CRM (software as a service) which allows the Client and Client’s Users to manage its own proprietary data and communicate with its prospects and customers.
- b) This CRM is delivered as a cloud based (software as a service) subscription over the Internet on a per user bases as authorized and indicated on the Client Authorization Form. As part of the agreement/Subscription Berry CRM provides User access, support enquiries via email and telephone, data hosting, daily IT administration, data security and back-up processes with multiple redundant servers. (“Monthly Support Services”).
- c) Raspberry also provides setup assistance, training, consulting and other services that assist Client to use the Berry CRM. (“Professional Services”).
- a) “User” means a person who is a director, officer, employee or agent of Client who is authorized to access the CRM in order to use its functionality.
- b) “Client” means a potential or existing customer of Berry CRM.
- c) “Subscription” is defined as having access, usage and support for a predetermined number of Users.
- d) “Client Authorization Form” means a standard raspberry form setting out client name, legal entity, fees and inclusions that is signed by an authorized signing authority of Client.
- e) “CRM” has the meaning set out in the Preamble.
- f) “Monthly Support Services” has the meaning set out in the Preamble.
- g) “Professional Services” has the meaning set out in the Preamble.
- h) “Services” collectively means the CRM, Monthly /Yearly Support Services. (Training)
I)”Company” is a legal entity formed by a group of individuals to engage in and operate a business commercial or industrial enterprise.
J)”Parties” both factions involved in doing the business one party (Company) and other party (Client) a promise made by one party to another.
k)”Services” means one party (Company) agrees to provide services to another party (Client) in exchange for remuneration.
- Description of Services
1.1. Berry CRM will provide sales CRM module to Client. Client may allow its Users to access the Services in order to use its functionality, but only in conjunction with the Client’s business. Under no circumstances can Client allow other commercial entities (including, without limitation, Client’s affiliates or business partners) to access the Services. Client is prohibited from providing or repurposing the Services to other parties in any manner, including as a service bureau or franchise application service provider.
1.2. Client may authorize users limit as may be authorized on the Client Authorization Form. Client may add additional Users beyond the authorized number at any time in accordance with the rate per additional user agreed to on the Client Authorization Form, or by execution of a mutually agreeable written amendment to the Authorization Form.
1.3. Users shall be granted access to the CRM through issue of user names and passwords provided at User implementation. The Client shall be responsible for verifying the status of Users, and updating such lists on a regular basis. The Client is responsible for maintaining the confidentiality of usernames and passwords. The Client agrees to immediately notify Berry CRM of any unauthorized access of the CRM of which Client becomes aware.
1.4. Client understands that from time to time the Services may be added to, modified, or deleted from/ by Berry CRM and/or that portions of the Services may migrate to other formats. Raspberry shall give prompt notice of any such changes to Client. Berry CRM may also expand or enhance the Services by providing additional features in the general course of Berry CRM standard development protocols, policies and timeline. If these features are at the request or timing of the Client there may be additional cost.
- Client’s Responsibility
2.1. It is Client’s responsibility to provide for its own access to the Internet, arrange for secure Internet access and pay any service fees associated with such access and to train its Users in basic Internet access.
2.2. Berry CRM supports Clients that use the CRM to communicate information to persons who have explicitly requested such information. Client must use the CRM in compliance with all applicable laws including, but not limited to privacy clause, confidentiality clause etc. Client may not use the CRM for any other purpose other than explicitly set out in this Agreement.
2.3. Client agrees not to use the CRM to communicate any message or material that is harassing, libelous, threatening, obscene, or would violate the intellectual property rights of any party or is otherwise unlawful, or that constitutes or encourages conduct that could constitute a criminal offence, under any applicable law or regulation. Although Berry CRM is not responsible for any such communications, Berry CRM may suspend any such communications of which Raspberry is made aware of, at any time, and provide prompt notice to the Client. Berry CRM is not responsible for any such communications made by the client through its platforms.
2.4. Client shall provide Users with appropriate notice of the terms and conditions under which access to the Services is granted under this Agreement including, in particular, any limitations on access or use of the Services as set forth in this Agreement. In the event of any unauthorized use of the Services by a User, Berry CRM may terminate such User’s access to the Services.
- Professional Services and Support Services
3.1. Any additional Services, including implementation, training, consulting or customization will be by written agreement or purchase order and will be at Berry CRM standard protocols, policies and timeline as mentioned in the authorization form charged to its clients generally.
3.2. Monthly support Services include user access, data hosting, daily IT administration, data security with back-up processes and responding to User support inquiries during published hours of operation via email ([email protected]) or telephone 04 240 4000.
3.3. Raspberry it services shall use reasonable efforts to ensure that Berry CRM servers have sufficient capacity and rate of connectivity to provide the Client and it’s users with uptime comparable to other similar service providers. If the Services fail to operate in conformance with the terms of this Agreement, Client shall immediately notify Raspberry IT services, and it shall promptly use reasonable efforts to restore access to the Services as soon as possible. Raspberry IT services shall use reasonable efforts to ensure the protection of the Client’s data used within the CRM Services from unauthorized access by a third party.
Both parties agree that they shall respect And uphold the confidentiality requirements of the other party and shall take reasonable steps to ensure that neither party confidential property is shared with additional parties in any direct or indirect or implied manner or unless written approval is received.
Both parties must ensure that all their employees and representatives comply with the confidentiality obligation described above.
The Parties acknowledge that the client shall hold all the rights proprietary in any work product
- Customer Data
Raspberry IT services will use commercially reasonable efforts to maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality and integrity of Customer Data and other Customer Confidential Information.
The company agree to comply with all applicable privacy and data security laws, including security breach notification laws. In the event of an actual or suspected security breach affecting Confidential Information or customer data, Raspberry IT services will promptly notify the client & Dot in writing after becoming aware of such a security breach and specify the extent to which Confidential Information or client data was disclosed or compromised and shall promptly comply with all applicable security breach disclosure laws.
- Intellectual property
The copyright and other intellectual property rights concerning the Service and its outcomes owned solely by the Company but not limited to the source codes, manuals, training materials and all the other materials concerning the Service. However, the Customer has a right to utilize the Service and its outcomes in their own practices.
It is the Company’s responsibility to make sure that the Service does not violate any valid intellectual property rights of other party. The Company is not responsible for the violations of the intellectual property rights of other party that arise from a usage of the Service for something that is not designed for or that the Service is used in violation of the Agreement or the current legislation.
The Company is also not responsible for demands that are due to:-
- a change in the Service made by the Customer or by following the Customer’s own instructions
- Using the Service together with a product or a Service not delivered by the Company.
The Customer is obliged to notify the Company without delay if a third party claims that the Service violates their intellectual property rights.
If the Company see that the Service, or any part of it, violates the intellectual property rights of a third party, the Company has at their own expense a right to
- acquire a right for the Customer to continue the use of the Service,
- switch the Service or a part of it or
- Change the Service in a way that the intellectual property rights are no longer violated.
If any of the options above is not possible for the Company to carry out on reasonable terms, the Customer must discontinue the use of the Service.
- Indemnity and Liability Limitation
The Company is not responsible for any indirect damage or substitute transactions. The Company does not answer in any way for any interruptions caused by network errors.
The total liability of the Company in any circumstances equals up to two months’ worth of the tax-free service fees of the Service.
This liability limitation is valid regardless of the amount or cause of the immediate harm caused to the Customer.
If the fulfilment of contractual obligations of the Company is impossible or unreasonably difficult due to an unpredictable reason beyond the control of the Company, It is entitled to extend the delivery time without liability for damages, penalties, lowering or removing charges or any other sanctions.
If the delivery of the Service is impossible or unreasonably difficult in a considerable extent for over one (1) month, the Company has a right to terminate the Agreement with immediate effect, without liability for damages to the Customer.
6.1. The fees applicable to the Services are set out in the Client Authorization Form. Client will pay all taxes, as applicable.
6.2. Fees for monthly CRM services will commence upon signing of the Client Authorization Form. Fees for monthly CRM are payable by credit card /bank transfer/online payment gateway/ Debit card in advance as mentioned on the Authorization form.
6.3. Company reserves the right to increase fees for CRM Software and Monthly Support and Professional Services on an annual basis following year one of the anniversary date of the executed Client Authorization Form. Supplier will provide Client written notice 90 days (3 months) in advance of any such increases.
- Onboarding and Training
7.1) Onboarding process starts with the payment made depending upon the package client have selected monthly/quarterly or yearly.
7.2) once the payment is done and received successfully then the Company share the onboarding document (Authorization Form) with Agreement to get it signed by the client.
7.3) The Company will then send a welcome on Board email with an attached copy of onboarding document and agreement.
7.4) Company create a separate folder where client-ready files live and invite clients to that space at the beginning of a project to see deliverables.
After successfully completion of onboarding process the company moves toward the training session which include:-
7.1.1) Introduction to Berry CRM
7.1.2) Features and functionality
7.1.3) Sales and Marketing Alignment and Attribution
7.1.4) Support tracking
7.1.5) Sales Email Tracking
7.1.6) Document Management and E-signing
7.1.7) CRM Telephony
Raspberry IT Services will endeavor to make the Website and Service available to the Client and Users 24 x 7, however we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
Company may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined above).
Company will provide technical support to you by email/WhatsApp and call. Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request.
Neither of our staff nor our third party service partners have access to any user passwords and cannot access your Account or Data unless they are contacted by a Super Administrator requesting assistance in using or setting up their account or their Client Data.
You may likewise decide not to give us “discretionary” Personal Data; however, please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
Our website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site.
- Term and Termination
10.1. The term of the Agreement is ongoing until terminated by either party by providing written notice of at least thirty (30) days in accordance with section 9.
10.2. If either party should default in the performance or observance of any of its obligations, then, in addition to all other rights and remedies available to the non-defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party’s default is remedied.
(a) Additionally, this Agreement shall terminate immediately and automatically if the Client enters or is placed into receivership or if the Client is petitioned into bankruptcy or makes a proposal under the Bankruptcy Act for the benefit of its creditors, or ceases to carry on business or is wound up.
(b) In the event that Company believes that Client has breached any of its obligations under this Agreement Company will notify Client. Client will have (48) hours from the receipt of notice to cure the alleged breach and to notify Company in writing that cure has been effected. If the breach is not cured Raspberry has the right to terminate the Agreement without further notice.
(c) Upon termination of this Agreement access to the CRM by the Client and its Users will be terminated.
All notices given will be in writing and may be hand-delivered or delivered via e-mail at the respective email addresses set out below. If mailed, the notices will be deemed received within 2 days after mailing if sent by registered or certified mail, return receipt requested. Either party may from time to time change its Notice Address by written notice to the other party.