TERMS AND CONDITIONS FOR USING MYSUITE - CORPORATE SOLUTIONS PACKET
THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND BRAZIP TECNOLOGIA AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, YOUR AGENTS,
AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO OUR SERVICE OR ANY FREE TRIAL OF THAT SERVICE.
By accepting these Terms, or by accessing or using the Service, or authorizing or permitting any Agent or End-User to access or use the Service, You agree to be bound by these Terms.
If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to BraZip Tecnologia, also known as
Arquivo Nacional Comercial Ltda. and referred to hereinafter as BraZip, that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein
shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
I. Preamble
I.1 - Parties
SUBSCRIBER
CONTRACTED PARTY
COMMERCIAL NAME: BraZip Tecnologia
REGISTERED NAME: Arquivo Nacional Comercial Ltda.
TAX IDENTIFICATION NO.: 05.592.249/0001-57
ADDRESS: Rua Antônio Dias, nº 741 – Centro – Juiz de Fora – CEP: 36010-370 – MG – BRAZIL
TECHNICAL SUPPORT (HELP DESK): http://www.BraZip.com.br/.....
I.2 – Description of Cost
The amount paid for a monthly subscription to the current version of MYSUITE will depend directly on the number of users (employees) who use the program and the amount of disk space needed for attached file storage (Document Storage).
The formula to define the final cost of this contract is:
Number of users x Subscription Plan = Monthly Total
BOTH PARTIES AGREE TO THE FOLLOWING:
1. THE CONTRACT’S PURPOSE
1.1 – Delivery of the software package known as mySuite that includes the following resources:
1.1.1 –
Help Desk (HD): System for registering tickets (calls) between a business and its customers.
1.1.2 –
Online Support – Chat (OS): Tool for online support that permits real time contact between a business and its customers.
1.1.3 –
Task Manager (TM): Management system for business activities that administers tasks to be carried out. You may delegate a pending task to another employee and still monitor its progress.
1.1.4 –
Knowledge Base Management (KM): A channel for sharing, disseminating, and distributing corporate information among people in an organization or business enterprise.
1.1.5 –
Internal Communicator / Messenger (IC): An instant messaging / chat application developed for local networks to improve real-time communications among employees.
1.1.6 –
Document Storage (DS): Center for storing files so they may be consulted both publicly and privately.
1.1.7 –
Internal Requests (IR): System for registering internal requests that organizes the flow and follow up on those arising within a business.
1.1.8 –
Discussion Forum (DF): Chat room for discussions about projects, pending matters, and productivity, among other themes.
1.1.9 –
Telephone Support (PS): System for registering telephone calls, recording both the time and date a call begins and ends, the tracking number for that call, how long it lasts, the initial request, and how that request has been resolved.
1.1.10 –
Planner (PL): Resource that allows you to create calendars with the participation of the sectors and co-workers desired.
1.1.11 –
Message System: The mySuite Message system lets you reach all co-workers, clients and customers, even those who are not online, when you sent them messages, files or both.
1.1.12 –
Group Chats: Chats for quick group discussionsin which anyone logged into mySuite can be invited to participate.
2. LENGTH OF CURRENT CONTRACT AND RENEWALS
2.1 This contract is valid for one month (30 days) , successively renewable for equal lengths of time as long as it has not been terminated by either party.
2.1.1 Contractual obligations will begin when the program has been installed, which will take place on the first weekday following confirmed receipt of the first monthly payment.
2.2 The current contract will be automatically renewed with each payment, in the manner described below.
2.3. In the event that the clauses and conditions of the current standard contract are altered, altered clauses and conditions will take effect with the first automatic renewal after those alterations have been registered.
3. PRICE, FREQUENCY AND DUE DATES FOR PAYMENTS
3.1 You will pay BraZip the amount specified for monthly acquisition of mySuite, in the limits set out in Item I.2 of this contract’s Preamble.
3.1.1 The representative responsible for Your Entity may request a change in the number of operators covered under the contract via a Help Desk ticket. It may take up to 48 hours for the adjustment to be completed.
Your monthly fee will be readjusted according to the new number of operators and according with the formula set in Item I.2 of this contract’s Preamble.
3.2 Charges will be due monthly, with the due date established as determined on the table below. The first payment date will serve as a reference for subsequent monthly charges.
3.3 Nonpayment of any monthly fee will result in the system immediately being frozen. The system will only be made available again once payment has been confirmed.
3.4 When nonpayment of a monthly fee is detected, You will be notified by Help Desk and will receive a deadline of 5 (five) consecutive days to correct the situation. After this deadline has passed,
BraZip reserves the right to invoke the provision stated above in clause 3.3.
3.5 As priority will be given to Help Desk for all communications regarding payment, it is essential for You to keep Your information up to date. When information has been relayed by BraZip to You and You have not received it due to outdated
information, that information relayed will be considered as having been delivered.
4. Form of payment
4.1 Payments due from You originating from this contract shall be made via PayPal. No other form of payment will be recognized as proof of payment unless it has been expressly authorized beforehand and in writing by BraZip.
4.2 Payment to BraZip is due monthly in advance. In using Your PayPal account, You authorize BraZip to debit Your PayPal account for the amount due on a monthly basis. PayPal will notify You by email when your account has been debited.
You will also furnish BraZip all information regarding Your PayPal account, with the exception of Your PayPal password, which shall not be provided to BraZip under any circumstance.
For more information, refer to the PayPal guidelines for recurring payments and invoicing agreements at www.PayPal.com.
5. YOUR OBLIGATIONS
Your obligations are:
5.1 To punctually pay the amount owed, including any costs arising from usage beyond the contracted amount, specifically when Document Storage usage goes beyond the limits contracted.
5.2 To inform BraZip whenever information cited in item I.1 of this contract’s preamble changes, including changes in “email”. Said information should be updated via Help Desk. If this information changes and is not updated,
all announcements and notifications sent to those addresses initially registered will be considered valid and part of the present contract.
5.3 To not store or transmit any material that is pornographic or racist, that demonstrates any type of prejudice based on race, creed, or color, that is an offence against decency and good customs, or that infringes current legislation in any way,
under penalty of immediate suspension of access to the product contracted, without any form of prior notice necessarily being given.
5.4 To take responsibility for the veracity of information given in executing this contract, and to take responsibility for the veracity and completeness of registration information given in item I.1 of this contract’s Preamble.
Said information will serve as the basis for the rules regulating the relationship between the contracting parties, including those regarding changes of passwords for administering and accessing the site,
under penalty of the product being frozen until such time that said information can be documented and assessed, should that information be questionable or contested.
5.5 You promise to respect and follow the rules of usage for mySuite, knowing that BraZip can in no way be held responsible for any problem caused by You or third parties due to not following these rules.
5.6 To take exclusive responsibility for content transmitted and indemnify, fully and regressively, BraZip in case of judicial or administrative condemnation of BraZip due to the content of material distributed by Your use of mySuite.
6. BRAZIP’S OBLIGATIONS
6.1 To make mySuite, the product which is the object of this contract, is available, insuring its smooth and efficient operations, correcting defects found as quickly as possible, always seeking to guarantee mySuite’s
overall and excellent performance throughout the year.
6.1.1 To guarantee that the system will be available 99% of the time throughout the year.
6.1.2 In case of an interruption of service, to reestablish the system’s operations within 12 (twelve) hours. In case the interruption surpasses the established maximum of 12 (twelve) hours,
You will receive a 2% (two percent) discount in the monthly fee for the current month for each additional hour beyond the 12 (twelve) hour limit.
6.2 To provide technical support via Help Desk ticket to answer doubts and questions regarding mySuite operations, as well as accept criticism and suggestions that contribute to improving the program as a whole.
6.3 To inform You of any possible system downtime due to maintenance, should the estimated time maintenance pass the maximum 6-hour limit.
6.4 To maintain absolute confidentiality of information stored by You.
6.5 On a daily basis, to backup data and carry out security procedures on the servers where Your information is stored, except for attached files in Document Storage, as it has been designed to function as a site
for making files available rather than as a backup storage center.
6.5.1 To guarantee data security, where no external application will have permission to collect data from the servers, other than mySuite itself. Note that mySuite can only be accessed by logging in with a password.
7. INDEMNIFICATION
7.1 You agree to indemnify BraZip for and exempt it and its parent company, subsidiaries, directors and employees, partners and customers that exhibit their logos along with BraZip from any losses and damages for
which they may be prosecuted or sued, including legal and lawyers’ fees due to the content submitted, exhibited, transmitted, or made available in the Product, use of the Product by the User, the connection with the Product, or violation of any Law.
8. GENERAL PRACTICES REGARDING THE USE OF STORAGE
8.1 You recognize that BraZip may establish general practices and limits related to the product based solely on BraZip’s criteria.
You agree that BraZip assumes no responsibility or obligation whatsoever for any user intentional data exclusion or data loss related to connection or communications failure where content cannot be maintained or transmitted via the Product.
8.2 You recognize and accept that, if You or those affiliated with You undertake any activity considered or suspected of being illegal and that harms BraZip or Yourself, mySuite will be frozen without warning and without forfeiting
the right to pursue other applicable legal measures.
8.3 BraZip reserves the right to keeps its slogan “Developed by BraZip Technology” (“Desenvolvido por BraZip Tecnologia”, as originally written in Portuguese), as well as logos, icons and any other references that it deems it owns.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You recognize and agree that the Product mySuite, as well as any needed software used in connection with mySuite, contains confidential information in accordance with the Computer Program Intellectual Property
Protection Law (Law No. 9.609/98, Brazilian Civil Code) and correlated norms.
9.2 You recognize and agree that content included in sponsored advertising or information presented to You by way of the Product or advertisers is protected by copyright, brands, patents or other intellectual property rights and
applicable legislation. Unless expressly authorized by BraZip Tecnologia or its advertisers, You agree to not modify, rent, sell, distribute, or create works derived either in part or wholly from said Product.
9.3 BraZip guarantees You a personal, nontransferable and nonexclusive license to use said Product. The license thus guaranteed does not allow You to copy, modify, create derivative works, reverse engineer or dismantle the source code or
any other act to discover said source code, as well as to sell, consign, sub-license, concede the guarantee or transfer any right in relation to the Solution. Said license also does not allow You to authorize any third party to carry out any of
the aforementioned acts listed in this clause.
9.4 You may also not modify the Product in any way or use modified versions, for the purpose of, including but not limited to, obtaining unauthorized access to the Product. You also may not use the Product in any way other than through
the interfaces provided and indicated by BraZip.
10. PENALTIES AND CANCELLATION
10.1 Delay in payment of any amount owed under this contract will result in a fine of 5% (five percent) of the amount owed.
10.1.1 If, for any reason, any payment owed under this contract is made without including the appropriate penalties and interest, the obligation to make that payment will not be considered as having been met.
BraZip will, therefore, be authorised to include those unpaid items in the following bill.
10.2 Both parties may cancel the present contract at any time, as long as the cancelling party informs the other party in writing at least 30 days in advance of the date it wishes to cease using MySuite’s service.
Said notification may be communicated by FAX or by Help Desk ticket. Cancellation of the present contract under this proviso will result in no cost or burden upon either party.
You may only cancel the contract if monthly payments are up to date.
11. ON COMMUNICATING A DEFAULT IN PAYMENTS
11.1 You recognize and accept that, should You default on Your payments, that, upon your payment being 15 (fifteen) or more days late, BraZip will inform credit protection agencies and bureaus and may proceed with this action
until payment of any monies arising from this contract or in relation to optional products are paid.
12. LIMITATION ON RESPONSIBILITY
12.1 You expressly agree to and are aware that BraZip will bear no responsibility, either contractually or extra-contractually, for any material or non-material damages, including, but not limited to, damage for loss of profits,
loss of commercial fund or information or other intangible losses resulting from:
(I) use or inability to use the Product;
(II) unauthorized access to transmissions or to information from You, as well as their alteration by persons under your responsibility;
(III) for reasons of force majeure or unforeseeable circumstances or acts carried out by Yourself.
13. COMMUNICATIONS
13.1 Any communications to either You or BraZip should be made via Help Desk.
14. GOVERNING LAW
These Terms shall be governed by the laws of the State of Minas Gerais, Federative Republic of Brazil, without regard to conflict of legal principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal
and state courts of the State of Minas Gerais, Municipality of Juiz de Fora, Federative Republic of Brazil, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Your Agents or End Users.
