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Updated 14th February, 2023

1. Acceptance of Terms of Use, Conditions, Notices and Disclaimers:

wabaconnect offers the user a non-exclusive, non-transferable, revocable license to use the Software as a Service.

3. Registration

Upon registration with us, you agree to

a. provide accurate, current and complete information and maintain it updated at any point of time
b. provide correct and complete credit information
c. maintain the security of your password and domain names
d. accept all risks of unauthorized access to your registration data, password and domain names
e. accept responsibility for all activity on your wabaconnect account, and for all charges incurred thereon
f. pay for the usage of the service as per the agreed rates including the applicable taxes

4. Payment, renewal and other terms

4.1 wabaconnect uses two methods of charging customers and collecting payment for the use of its services.

1. top up method
2. invoice method
   
   The method applicable to you will be indicated in your order form upon sign up or in the get started page within the application. You may contact info@wabaconnect.com for any information you may want on the invoicing and payments. In order to access and use the application, you are required to top up your account or pay the invoices raised from time to time. wabaconnect may make changes in the way it charges and collects payments and the same shall be intimated to you in advance.

4.2 The calculation billing purposes shall be according to pre-selected paid subscription time, whether the application has been run or not. A paid subscription is the pricing plan chosed by the subscriber on the time of subscribing the wabaconnect service.

4.3 The price at which you sign up is valid for 1 year only.

4.4 A fee of Rs 2,500 plus applicable taxes may be levied in all cases of access unblocking.

4.5 If an account remains blocked for a period of 60 days or more, all the master, leads, tickets and other data stored on our servers shall be forthwith deleted with a 30 day prior notice and we shall not be responsible for any consequences arising out of such deletion.

4.6 For all customers under the invoice method, prior to the end of the Subscription Term, wabaconnect will send you notice of the then-current annual Subscription Fees for renewal (a “Renewal Notice”), and you will be required to pay such renewal fees prior to commencement of a new Subscription Term. The renewal fees will be due and payable in accordance with the terms set forth in your Order Form or Renewal Notice. Any failure to pay the Subscription Fees in accordance with an Order Form or Renewal Notice will result in automatic revocation and termination of this Agreement and all rights and licenses granted hereunder.

4.7 Any billing disputes must be reported to wabaconnect in writing within 60 days of the date of the invoice. All Subscription Fees are non-refundable once paid.

4.8 The FAQs related to billing on web pages or in the application forms are part of this Terms of Service document.

5. Support

5.1 Your wabaconnect license entitles you to Support on all matters of usage. The website shall be updated with Help documentation/slide shows/short videos detailing various Support and Help files. wabaconnect shall offer only remote support and not onsite support. Onsite support, if offered, depending upon the location, shall be chargeable at a minimum of Rs. 500 per visit and a maximum of Rs. 4000 per visit for this purpose part of a day shall be construed to be a full day.

5.2 wabaconnect may access your account and data as necessary to identify or resolve technical problems and tickets or respond to complaints about the Services. If you desire not to allow access to your account for the support team, please send a mail of the instruction to info@wabaconnect.com and in all such cases, the tickets would be responded to only by way of a screen share / remote desktop option.

5.3 Ticket Resolution

a. Information tickets
b. Trouble tickets

5.3.1 Information tickets: All tickets which seek clarifications on usage of wabaconnect, features or steps to perform certain tasks in wabaconnect, or seeking information on the payroll/related activities shall be addressed within a maximum of 4 working hours

5.3.2 Trouble tickets: All tickets in the nature of seeking help with getting certain activities done in wabaconnect through support of wabaconnect technical support team shall be addressed within a maximum of 8 working hours

5.3.3 Any other tickets shall be addressed within 3 working days. The working hours of wabaconnect are between 10.30 AM and 6.30 PM IST Monday thru Friday except on Public Holidays. wabaconnect also extends support on the first and last Saturday of each month.

5.4 Through wabaconnect application we assist you in gathering all your sales related data in one place, make analysis and generate reports to assist you in making sound business decisions. Upon registration and authentication of your Google Account, the wabaconnect application will pull all your email conversations for last 6 (Six) months from the date of registration. The wabaconnect application will then automatically analyze the contents of the emails and will generate a list of most important contacts. It is specifically expressed that this list is only indicative and not exhaustive. For efficient functioning of the wabaconnect application, You will need to add records of your contacts, companies and deals associated with these companies.

Apart from sales management through wabaconnect application, wabaconnect shall also provide the following services.

a. Google Chrome Browser Plugin for tracking email activities, authorized WhatsApp and provide reports of such activities
b. Controls to customize data sharing and to maintain hierarchy
c. Suggesting follow ups with current contacts
d. Reminders if contacts do not reply to email and for daily tasks and follow-ups etc Updates to wabaconnect application
e. All telephone conversations between you and us in relation to the Services may be recorded for our internal quality purpose and you hereby consent to such monitoring and recording

5.5 Restrictions

You are expressly prohibited from and shall not: Indulge in data mining, scraping, crawling, or using any process or processes that send automated queries to wabaconnect application.

Modify, adapt, translate, or reverse engineer any portion of wabaconnect application or the Services. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of wabaconnect application or the Services.

Reformat or frame any portion of the web pages that are part of wabaconnect application or the Services. Use the Website or the Services, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.

6. Limitation of Liability

The user to the software is presumed to be well conversant with Sales and support. It shall be the user’s responsibility to cross check and confirm the accuracy of the reports, forms and data. The software platform is provided on a “AS-IS,” “AS AVAILABLE,” with “ALL FAULTS”, and all WARRANTIES, EXPRESS or IMPLIED basis. wabaconnect expressly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, freedom from viruses or other harmful components, fitness for a particular purpose and non-infringement.

wabaconnect makes no warranty that:

a. the platform/service/software will meet your requirements;
b. the site will be available on an uninterrupted, timely, secure, or error-free basis;
c. the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable.
In no event shall wabaconnect be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use or inability to use, incurred by you whether in an action in contract or tort, arising from your access to, or use of, the site, whether or not wabaconnect has been advised of the possibility.

No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

The aggregate liability in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed Rs. 1,000/- and that amount shall be in lieu of all other remedies which you may have against us.

7. Termination and effects of termination

7.1. You may terminate the usage of wabaconnect / Unsubscribe from wabaconnect at any time. For all top up customers the option to unsubscribe is within the application. This Unsubscribe option will be enabled only after you have downloaded the backup data. All outsourcing customers can terminate the payroll service contract with prior written notice of 30 days. Without limiting any other remedies available to it, wabaconnect may immediately suspend access to the Services and/or terminate this Agreement if:

a. you breach any material provision of this Agreement that, (if it is capable of being cured) is not cured within thirty (30) days from written notice to you (and sixty (60) days in the case of non-payment); or
b. wabaconnect determines that your actions are likely to cause legal liability for wabaconnect or its suppliers and other customers.
7.2 Upon any expiration or termination of this Agreement, and upon expiration of the Subscription Term if you do not renew in accordance with a Renewal Notice, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the Service. wabaconnect will have no liability for any costs, losses, damages, or liabilities arising out of or related to wabaconnect’s termination of this Agreement. Upon expiration or termination of this Agreement, wabaconnect will provide a backup file of Customer Data if requested within 30 days of termination or expiration, and wabaconnect will have no other further obligation to maintain or provide access to your Customer Data.

8. Other Terms and Conditions

8.1. Our sites may contain links to other web sites and we assume no responsibility whatsoever for the content, accuracy or opinions expressed therein.

8.2 The Site may include hyperlinks and access to content, products and services from third parties to web sites not controlled by us. We are not responsible for the availability of, and any content on those web sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement as to the accuracy or merchantability of the same.

8.3 You agree to indemnify, defend, and hold harmless wabaconnect, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from

a. violation of these Terms of Use; or
b. any viruses, trojan horses, worms, spyware, or other similar harmful programming routines input by you into the Site
8.4 You shall not subject the website or software or service or networks to reverse engineering, modification, recompilation, decompilation, disassembly or surreptitiously intercept or tamper with by whatever means and tools.

8.5 You shall not use the Services either directly or indirectly to support any kind of activity that is illegal.

8.6 You shall not access the website or Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or authorize any third parties to do any of the above.

8.7 You will not abuse the rights of the username and password by sharing username, defacing our website, breaching the website security or modifying anything in our website that is not bounded by the terms of use of your username and password.

8.8 You shall not indulge in any form of harassment on the Site, including via e-mail or by obscene or abusive language. Impersonation of others, including a wabaconnect Client, employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

8.9 wabaconnect may, at any time, monitor communications and network traffic on our websites. This is to ensure that all users using our website is abiding the legal terms of use. wabaconnect will not abuse this right by using illegal means to get information from our users. wabaconnect will only need to get the necessary information to ensure security.

8.10 We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

8.11 If you are using the Co-Sourcing or Out-Sourcing Model, in addition to the terms and conditions mentioned in this document, the terms as agreed upon sign up shall also apply. The terms mentioned in such agreements, if in conflict with the terms mentioned herein, shall be construed as over riding the terms mentioned in this agreement.

9. User participation

wabaconnect does not and cannot review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, wabaconnect is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, wabaconnect reserves the right to block or remove communications or materials that it determines to be

a. abusive, defamatory, or obscene,
b. fraudulent, deceptive, or misleading,
c. violates any law or regulation or (e) offensive or otherwise unacceptable to wabaconnect at its sole discretion,
Note that any personally identifiable information you may post or transmit will be treated by wabaconnect in accordance with wabaconnect Privacy Statement.

10. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

11. General Notice

All of our notices, demands and other communications must be in writing and will be deemed to have been given

a. if mailed by registered mail, postage prepaid,
b. if delivered by overnight courier,
c. if sent by facsimile transmission and such transmission is confirmed as received, or
d. if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Website. All of your notices, demands and other communications must be in writing and will be deemed to have been given.

12. Force Majeure

In no event shall we be held liable or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control.

13. Arbitration

Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. All proceedings shall be conducted in English language. Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each party, and the third to be selected by the two Arbitrators appointed by the parties. The venue of Arbitration shall be in Delhi, India. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.

14. Governing Law

These Terms will be governed by and construed in accordance with the Indian laws and you agree to submit to the exclusive jurisdiction of courts situated in Delhi. You are responsible for compliance with applicable laws. wabaconnect reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Acknowledgement –

YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THESE TERMS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF AVAILING THE SERVICES THROUGH wabaconnect APPLICATION AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THESE TERMS4