Terms & Conditions

Welcome to www.simplysys-crm.com. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “SimplySys Services”).
 
The SimplySys Services are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at www.simplysys-crm.com/privacy-policy), the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the SimplySys Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
 
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SimplySys SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE SimplySys SERVICES.
 
Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the SimplySys Services to anyone who violates these Terms.
If you register for a free trial of the SimplySys Services, the applicable provisions of these Terms will govern that free trial.
The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
 

1. Definitions

Account
the primary means for accessing and using the SimplySys Services, subject to payment of a Fee designated in the selected Plan;
 
Activity
appointments, tasks, events and actions (such as call, meeting, lunch or a custom type) on a calendar that can be associated with a Deal, a person or an Organization;
 
Authorization
the set of rights and privileges on the Web Site assigned to a User by a Client;
 
Client
a natural or legal person who has accepted these Terms with the Supplier;
 
Client Data
Files and any other digital data and information, which is subjected to the SimplySys Services or otherwise inserted to the System by the Client (including the specific Users, Products, persons, Organizations, Activities, Pipelines, Stages and Deals associated with the Client);
 
Content
any data and information available through SimplySys Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;
 
Deal
a Client’s ongoing, lost or won sales to an Organization or person;
 
Fee
regular payment for using the activated Account;
 
Files
documents of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the Client, and usually associated with a particular Deal, Person or Organization;
 
Free Trial
temporary access for the purposes of trying out the Web Site and SimplySys Services in accordance with any selected Plan without paying a Fee;
 
SimplySys Materials
the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the SimplySys Services;
 
SimplySys Services
the Web Site, System, Content, Platform and all content, services and/or products available on or through the Platform;
 
Pipeline
the process of making a Deal, which consists of several Stages;
 
Plan
various criteria related to the use and functionality of the SimplySys Services and on which the Fee is based;
 
Platform
the SimplySys customer relationship management application;
 
Products
the goods or services that a Client is offering to persons and Organizations;
 
Stage
the status of a Deal at a certain point in time;
 
User
a natural person granted with the Authorization to use the Account on behalf of a Client;
 
Web Site
the compilation of all web documents (including images, php and html files) made available via www.SimplySys.com or its sub domains or domains with identical names under other top domains and owned by Supplier.
 
 

2. Authority To Enter Into These Terms With Supplier

The use of the SimplySys Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.
The Terms are accepted as soon as one of the following occurs first:
the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or for those SimplySys Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services. You may not, without Supplier’s prior written consent, access the SimplySys Services (i) for production purposes, (ii) if you are a competitor of SimplySys, (iii) to monitor the availability, performance or functionality of the SimplySys Services or (iv) for other benchmarking or competitive purposes. Once accepted, these Terms remain effective until terminated as provided for herein.
 
 

3. Modifications Of Terms

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the SimplySys Services. Please check these Terms periodically for changes. Your continued use of the SimplySys Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the SimplySys Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.
 
 

4. Our Responsibilities

4.1. Provision of SimplySys Services
Supplier will (a) make the SimplySys Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the SimplySys Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the SimplySys Services available 24 hours a day, 7 days a week, except for:
 
(i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.
 
4.2. Protection of Client Data
Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the SimplySys Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.4 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing.
The Services may be performed using equipment or facilities located in the U.S., Singapore or Indonesia.
By agreeing to these Terms, the Client grants the Supplier a general authorization to engage processors for the purposes of providing the SimplySys Services. The Supplier will inform the Client of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in section 3 of these Terms.
 

5. Governing Law

In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein subject to the terms and conditions set forth below. Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the laws of Indonesia.