Software As A Service
1. General Terms
- We are Zahara Systems Ltd (“ZSL”), based in the UK, registered in England under company number 10845313; our registered address is Cambridge house, Henry Street, Bath, BA1 1BT, United Kingdom
- Our working hours are Monday – Friday, 8.30am – 5.30pm GMT / BST.
- “Zahara” is the product name of the software
- These terms and conditions (the “General Terms“) apply to you (the “Customer“, “you” and “yours”) when you use the online Zahara Software (whether on a trial period or monthly paid subscription) (the “Services“) on our website http://www.myzahara.net (the “Site“).
- The General Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
The General Terms take effect from the date you begin using the Services and subject to Termination clauses shall continue in effect for the duration of your use of the Services
The Customer Shall:
- Comply with any and all instructions provided to the Customer by ZSL relating to the Service;
- Not use the Services for any immoral or illegal purpose or in any way that would bring ZSL into disrepute;
- Warrant that its officers and employees co-operate with ZSL, its agents and sub-contractors in carrying out the Services; and
- Be responsible for any and all applicable sales, use, excise, value added or other taxes and duties and any other fees, charges or payments payable to any governmental or regulatory authority, body or organisation incurred as a result of or in connection with the use by the Customer of the Services.
4. Pricing & Billing
- Customers agree to be charged monthly or annually according to their subscription
- Monthly subscriptions must be paid by direct debit or credit / debit card; monthly customers will be emailed an invoice receipted as paid
- Annual subscriptions can be paid by Wire transfer, credit / debit card or PayPal; annually paying customers will be emailed an invoice annually
- If a payment is in arrears for more than 14 days past the subscription expiry date, or one day past the invoice due date, your Zahara account may be locked until all outstanding payments have been made unless previously-agreed terms stated in an invoice override this.
- Zahara runs from a central cloud-based server platform
- New updates will be made available on a regular basis and any disruptions to service will be kept to a minimum during UK / US working hours. Except in unplanned circumstances customers will normally be given 24 hours’ notice via email of any scheduled maintenance; most maintenance is planned 7 days in advance
- We will endeavour to make Zahara available to you 99.5% of the time.
- We reserve the right to change the geographic location of our servers or the hosting partner of our server at any time, provided there is no disruption to our customers.
- The customer should, at a schedule to suit their own requirements, take exports of their data using the reporting function to avoid any unforeseen loss of transactional data.
- Users can take a 30-day trial of Zahara. After the 30-day trial one user will have access for a further 14 days. The trial account will then become locked. After a further 30 days the data from the trial will be deleted. Trial users can become paying customers at any time with their trial environment moved to their live environment.
- Zahara users are expected to make reasonable efforts in “self-help”; a knowledge base is available to all users with new content added or updated regularly.
- If you experience a problem with your Zahara account, then support can be requested through our help-desk http://help.zaharasoftware.com or via email ticket to firstname.lastname@example.org. All support must be placed via support tickets and not by email or via telephone.
- We will respond to all tickets within 1 business day, but we make every endeavour to respond to support tickets within 4 working hours. All support responses will be made via your ticket.
- As part of our support process, we may require access to your tenancy and ask you to grant us access to your settings and data.
- You can cancel your Zahara account at any time, serving one months’ notice.
- Refunds, including annual payments, will never be offered and you cancel knowing that any cancelled subscription will run until the next billing renewal (monthly or annually).
- Within 45 days of cancellation, your data and any relevant documents (PDF’s etc) archived in the Zahara will be exported and made available to you should you request this in writing.
- Terminations should be emailed to email@example.com with the subject – “Zahara Cancellation”. We will acknowledge your termination request in writing.
- ZSL does not warrant that the Service will meet the Customer’s requirements nor that the Services provided through the Site will be error-free or uninterrupted.
- The Services are provided on an “as is” basis. Save as expressly set out in the General Terms, all conditions, representations, warranties, undertakings or terms whether express or implied, statutory or otherwise, including in particular any implied warranty of satisfactory quality or fitness for any particular purpose or use are excluded from the General Terms to the fullest extent permitted by law.
- The parties recognise that under these General Terms they may receive each other’s trade secrets and/or confidential or proprietary information of the other party. All information belonging to or relating to a party including without limitation information concerning business plans, customers, supplies, services, intellectual property and/or financial results received by the other party as a result of entering into or performing the General Terms which is designated as confidential by the disclosing party or is otherwise clearly confidential in nature constitutes “confidential information”.
- Each party agrees not to use confidential information for any purpose other than the purpose for which it is supplied under the General Terms and agrees not to divulge confidential information received from the other party to any of its employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the disclosing party except to its professional advisers or as may be required by law or any legal or regulatory authority.
- Each party will use a reasonable degree of care which in any event will not be less than the same degree of care which the receiving party uses to protect its own confidential information to keep and ensure its employees and agents keep any and all such information confidential. This obligation will survive the termination of the General Terms, in respect of a particular item of confidential information, until such earlier time as that item of confidential reaches the public domain other than through the receiving party’s own default.
10. Data Protection
11. Entire Agreement
- Each of the parties acknowledges and agrees that in entering into these General Terms and the documents referred to in them, it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these General Terms or not) other than as expressly set out in this these General Terms.
- From time to time we may update our terms and conditions by posting a revised version on our website. We recommend that you check the terms and conditions on the website occasionally to ensure that you are informed of, and satisfied with, any amendments. Continued use of the website after the terms and conditions have been revised will constitute your acceptance of the revised terms and conditions.