Terms and Conditions

TERMS OF SERVICE

Adjetter Media Network Private Limited, a private company duly incorporated and registered under the Companies Act, 1956, having its principal place of business and registered offices at “Sas Veer” Building, 3 M-123/A East of NGEF Layout, Kasturi Nagar, Bangalore – 560043, India, (hereinafter referred to as “Kapture CX”, which expression shall, unless repugnant to the context thereof, be deemed to mean and include its successors in interest, managers and permitted assigns) has developed and owns the software known as Kapture CX and all the Intellectual Property Rights associated with it (“Kapture CX”)

Kapture CX is a full featured cloud CRM platform, offered on “demand pay as you go” model; delivers all feature set on web browser and over internet, eliminating any customer side installation and configuration; provides end-to-end solution to the customer, which includes Sales Automation, Operations and customer interaction coming from multiple channels like phone, email, live chat, social media (FB & Twitter) at one place with readily available API’s; Kapture CX REST API ensures that it can integrate into any third-party tool; Live monitoring and dashboards accessible from anywhere using the browser, ensures you have the right control over operation. Kapture CX guarantees an Up-Time of 99.6% and the service shall be available 24 hours a day through the web hosted solution.

You (“Subscriber”) have chosen to avail the Services provided by Kapture CX and your use of the Services is subject to these Terms of Service, which may be updated from time to time (this “Agreement”). You acknowledge and understand that by using the Services, you accept the terms of this Agreement and agree to be bound by them. If the terms laid down here are not acceptable to you, then you may not avail the Services provided by Kapture CX.

1. SUBSCRIPTION:

Accepting the terms of this Agreement shall mean that Kapture CX shall grant a non-sub-licensable, non-transferable, non-exclusive subscription to access and use Kapture CX, solely for the Subscriber’s internal business purposes. Necessary support will be provided by Kapture CX’s Team from time to time while utilizing the Services. The Subscriber shall be provided with the Services through simple user interface integration. All the data captured shall be provided to the Subscriber in its account and multiple logins can be created to access such account on behalf of the Subscriber.

2. SERVICES CONNECTED WITH THIS AGREEMENT:

The Subscriber shall be provided with the following services and support (“Services”):

1. CRM Set-up: Kapture CX shall provide log-ids and passwords for the usage of the Kapture CX platform i.e. mobile and web application, upon the Effective Date of this Agreement.
2. Reports: Meeting map, Daily sales report, Deal pipeline, Team-wise activity report, Target vs Achievement report, Attendance report, Deal realtime report.
3. Account Management: Assigning accounts to individual, Option to add additional point of contact.
4. Deal Management: Deal profiling, Adding deal mapping to one account with multiple services, Option to send email, Attach documents at opportunity level, setting follow-ups with call remarks, Dispositions based on the interactions, Deal pipeline.
5. Order Management: Order confirmation once the deal is agreed to sign-up.
6. Field Force Management: Attendance management, Geo fencing, Expense management, Creation of customer visit plan.
7. Dashboards & Reports: Dashboard creation, dashboard mapping, multiple dashboard on single screen, Option to pull reports.

In addition to the above, the required training shall be provided by Kapture CX’s Team for implementation of the project of the Subscriber. The subscription shall be provided with access to Web, Tablet and Mobile App subject to specifications made by Kapture CX regarding the model of the device used.

3. DATA

The Subscriber possesses and retains all right, title, and interest in and to the data on the KatpureCRM’s platform (“Project Data”), and Katpure’s use and possession thereof is solely on Subscriber’s behalf. Unless Kapture CX receives Subscriber’s prior written consent, Kapture CX shall not access, process, or otherwise use Project Data other than as necessary to perform its obligations under this Agreement; nor, does it give any of its employee access to the Project Data, except to the extent that such employee needs access to facilitate the Services to the Subscriber, under this Agreement. No third party shall have access to the Project Data. In the event of any legal requirement, meaning that any government authority or agency requires disclosure of Project Data and Kapture CX is legally bound to provide the same, adequate notice shall be given to the Subscriber regarding the same. The Data protection shall be undertaken in accordance with the Applicable Law & Kapture CX shall ensure that all reasonable steps are taken to protect Data Breaches.

4. CONFIDENTIALITY:

The recipient of any Confidential Information shall not divulge Confidential Information received from the disclosing party to any person who does not need to know it, and shall prevent its disclosure to or access by any third party without the prior written consent of the disclosing party. This obligation will survive the termination this Agreement. The recipient may, however, disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party prior written notice to permit the disclosing party to contest such disclosure. Neither Party shall make use of any Confidential Information other than for the purposes of this Agreement.

5. SUBSCRIPTION FEES:

Kapture CX’s Team shall notify the applicable subscription Fee (“Fees”) to the Subscriber and full payment shall be made at time of subscription.

6. TERM:

The subscription shall be for a period of 1 year and shall be effective from date of payment of subscription Fee (“Effective Date”).

7. TERMINATION:

This Agreement may be terminated by either party upon fifteen (15) Business Days’ prior written notice if the other party breaches any of its obligations hereunder and the breaching party fails to cure such breach within fifteen (15) Business Days’ after receiving written notice of the breach from the non-breaching party, unless waived by non-breaching party in writing. The Subscriber shall however be liable to pay the fees due till the date of termination in the above terms.

8. FORCE MAJEURE EVENTS:

Neither Party shall be liable to the other for any default or delay in performance of its obligations under this Agreement to the extent that such default nor delay is attributable to events beyond the reasonable control of such Party. Such events (the “ForceMajeure Events”) shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labor disputes, strikes, governmental requirements, pandemics and any other similar events. The Party affected by such an event shall, promptly upon learning of such event and ascertaining that it has or will affect its performance hereunder, give notice to the other Party, stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect.

9. GOVERNING LAWS:

This Agreement shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory, injunctive relief or relief of specific performance, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Courts in city of Bengaluru.

10. CUSTOMER SUPPORT HELP DESK

The Subscriber shall report any issue/incident which needs to be registered through Phone/Email on the details mentioned below:

11. DISPUTE RESOLUTION

In the event of any dispute, either Party may call upon the other Party for amicable settlement, and upon such reference the parties may attempt to amicably resolve the dispute. If dispute is not amicably settled within 10 (ten) Business Days, either Party may refer the dispute to arbitration.

Arbitration
Any dispute which is not resolved amicably, as provided above, shall be finally decided by reference to arbitration and such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator. If the Parties fail to mutually appoint a sole arbitrator within 7 (Seven) Business Days of receipt of notice for resolution of Dispute by arbitration (“Arbitration Notice”), then both parties shall approach the High Court of Karnataka for appointment of Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 and both parties hereby agree that the fees payable for arbitration proceedings shall be fixed prior to the appointment of the Sole Arbitrator. The venue of such Arbitration shall be city of Bengaluru and language of Arbitration shall be English.

12. LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAWS, IN NO EVENT SHALL KAPTURES OR ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY THE SUBSCRIBER OR SUBSCRIBER’S AGENTS OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE SUBSCRIBER, ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY THE SUBSCRIBER TO KAPTURE WITHIN SIXTY (60) DAYS BEFORE THE DATE OF THE CLAIM-GIVING RISE TO SUCH LIABILITY.

13. SEVERABILITY

If any provision of this Agreement is declared invalid, illegal or unenforceable, then such provision shall be deemed to be automatically adjusted to conform to the requirements for validity at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included. If the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though the provision had never been included. In either case, the remaining provisions of this Agreement shall remain in effect unless the adjustment or deletion renders the remaining Agreement in violation of the original intent of the parties.

14. ENTIRE AGREEMENT; ASSIGNMENT; MODIFICATION

This Agreement (together with terms accompanying any software supplements, updates, and services that are provided by Kapture CX and that the Subscriber may use), is the entire Agreement for Kapture CX. This Agreement shall be binding on the Parties and their respective successors (by merger, acquisition or otherwise) and assigns, but neither Party shall, nor has the power to, assign this Agreement without the prior written consent of the other. Further, this Agreement is not subjected to any amendment whatsoever, unless another Agreement is entered into and there is a specific clause in that Agreement that the same shall replace/amend/be in addition to the terms herein contained.

15. ACKNOWLEDGEMENT

By using Service or other Services provided by Kapture CX, Subscriber acknowledges that the Subscriber has read the terms of this Agreement and agrees to be bound by them. Further, this Agreement presumes that the Subscriber has reviewed this Agreement at any of the links provided in the website of Kapture CX- https://www.kapture.cx/