- “MoxCRM” refers to Mxgsoft Pte Ltd, a company registered in Singapore.
- “Subscription Service” or “Service” refers to the software, professional services and technical support services provided by MoxCRM at the website (https://MoxCRM.com), consisting of
- all proprietary technology (software, hardware, processes, algorithms, user interfaces, know-how, techniques, templates, designs, and other tangible or intangible technical material or information) of MoxCRM,
- licensors and service providers used by MoxCRM to provide the Subscription Services
- “Order Form” refers to the purchase confirmation of MoxCRM from Customer, from a document identifying the Subscription Service, Pricing Metrics, and Price signed by a duly authorized representative of the Customer and made available by MoxCRM pursuant to this TOS.
- “Pricing Metrics” refers to the charges for the users and usage of the Subscription Service described in the Order Form or Pricing Page.
- “Party” refers to the business entity of either MoxCRM or the Customer.
- “Customer Database” refers to the business data records stored in the customer data that is successfully connected to MoxCRM software, which will be classified as confidential information.
General Terms of Service
- This Terms of Service (“TOS”) constitute a single, legally binding document, which governs the Customer’s use of the Service by the law of Singapore, even though it is electronic and is not physically signed by Customer and MoxCRM.
- Customer warrants that it is a legal entity in good standing in the jurisdiction of its formation.
- By accepting this TOS or by continuing to access or use the Service, Customer acknowledges that Customer has read, understood, and agree to be bound by this TOS.
- The failure of MoxCRM to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
- From time to time, MoxCRM may modify this TOS without prior notice, and the TOS becomes effective from the date of posting. Customer can review the most current version of the TOS at any time here
- MoxCRM owns all right, title and interest in and to the Subscription Services, including all related intellectual property rights. MoxCRM reserves all rights not expressly granted to Customer under this TOS.
- Subject to the TOS, MoxCRM grants Customer a limited, worldwide, non-exclusive, non-transferable right to use the paid Subscription Service solely in connection with the Customer’s internal business operations.
- Customer’s use of the Subscription Service includes the right to access all functionality available in the purchased Subscription Service as of the date specified in the Order Form, subject to the applicable pricing metrics based on users and software feature usage described on the Order Form.
- Customer may access and use the Service only for lawful purposes and shall not mimic its functionality by creating derivative works based on the Service’s features, user interface or functionality pattern
- MoxCRM reserves the right to change the price, pricing metrics, pricing metric definitions, service offering, or add-ons at any time by sending email to the customer at least thirty (30) days in advance.
- Allocated MoxCRM platform will run on Shared Hosting with 2GB Storage, 1000MB Monthly Bandwidth, as you expand with more users and storage space increase, you can write in to our support to find out more before requesting for an upgrade (additional charges will be incur).
Billing and Fees
- The customer agrees to pay MoxCRM the amount that is specified in the Order Form within the use of the applicable Pricing Metrics. Unless otherwise stated, all fees are non-cancelable and non-refundable.
- The customer’s subscription term shall be automatically renewed for a period equal to the initial term unless either Party notifies the other by email at least 30 days prior to the expiration of the then-current term.
- The transaction charge will be in United States Dollars.
- Customer is solely responsible for the payment of all taxes, assessments, tariffs, duties or other fees imposed, assessed or collected by or under the authority of any governmental body.
- All payments made are non-refundable.
Credit Card Payments
- Credit Card payment mode is the default payment mode for customers.
- Customers must be authorized to use the credit card information submitted to create the billing account.
- MoxCRM does not store credit card information on our servers. Billing shall be done via third-party authorized billing agents, utilizing industry-standard security software in order to create a safe transaction.
- The customer hereby authorizes MoxCRM to bill the Customer.
- MoxCRM shall provide an invoice for each transaction made to the Customer credit card.
- By authorizing MoxCRM to charge a credit card, you are authorizing MoxCRM or a designated representative or agent to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs MoxCRM of such new replacement card account), financial account, or billing account for all fees and charges associated with the Services. If the credit card information you provided is not valid, or if your credit card cannot be processed at the time of the renewal charge, MoxCRM reserves the right to immediately terminate or suspend your access to the Services, in the case of termination thereby terminating this Agreement and all of MoxCRM’s obligations hereunder.
- All Subscription Services fees will be invoiced in advance as set forth in the applicable Order Form.
- Except as otherwise set forth in the applicable Order Form, Customer agrees to pay all invoiced amounts immediately after receiving the invoice.
- For international telegraphic transfers, Customer and MoxCRM will be responsible for the transaction fees for each other’s own respective banks or financial institutions.
- If any amounts owed by Customer for the Service are overdue for at least thirty (30) days, MoxCRM may, without limiting MoxCRM’s other rights and remedies, suspend Customer’s access to the Services until such amounts are paid in full. Reactivation of service may incur additional charges.
Customer Data, Feedback, and Metadata
- MoxCRM does not own and shall not be responsible for any data, information, or material authorized by Customer to retrieve or submit to MoxCRM in the course of using the Service (“Customer Data”).
- Customer shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and MoxCRM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
- The customer may provide MoxCRM with feedback, suggestions, and ideas, if Customer chooses, about the Service (“Feedback”).
- Customer agrees that the Feedback submitted to MoxCRM
- Does not contain confidential or proprietary information and does not bind MoxCRM to any obligation of confidentiality, express or implied.
- May be used by MoxCRM to reproduce, modify, create derivative works from, distribute, or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide without any obligation to provide attribution or compensation to Customer or any third party.
- MoxCRM may monitor Customer’s use of the Services and use data related to Customer’s use in an aggregate and anonymous manner (“Metadata that is non-identifiable”), including to compile statistical and performance information related to the provision and operation of the Services. MoxCRM retains all intellectual property rights in such Metadata.
- The customer agrees that MoxCRM may make the Metadata publicly available, provided that such information does not incorporate any Customer Data and/or identify Customer or its Confidential Information.
- Customers can email MoxCRM Customer Support (connect@MoxCRM.com) for software related support, or request for assistance, guidance, and advice on the use of the software.
- The MoxCRM support team is open from 10 am to 6 pm Singapore Standard Time (GMT+8) from Mondays to Fridays, excluding Singapore Public holidays.
- MoxCRM can, with express written permission of the customer, access Customer’s user account(s) to identify and resolve potential root-causes and problems raised.
Account Information from Third Party Providers
- Customers may direct MoxCRM to retrieve certain information maintained online by third-party providers that have a customer-vendor relationship with the Customer.
- By using the Service and providing Customer Access Information, Customer expressly authorizes MoxCRM to access and use Customer Account Information maintained by identified third parties, on Customer behalf as Customer agent.
- Customer represents and warrants that neither the foregoing (or anything else in this ToS) nor Customer use of the Services will violate any agreement or terms to which Customer is subject, including without limitation, those with respect to any third-party site.
- The customer acknowledges and agrees that when MoxCRM accesses and retrieves account information from third party sites, MoxCRM is acting as a customer agent, and not as the agent of or on behalf of the third party.
- As such, MoxCRM is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party services.
- MoxCRM does not guarantee that any such third party services will continue to be made available within the Service, and such services may be removed or disabled by MoxCRM at any time without notice to you.
- “Free Trial” refers to the use of MoxCRM Subscription Service for free, for a period of time determined by MoxCRM.
- Customer access to the Free Trial is limited to evaluating whether to purchase a subscription for MoxCRM Service. Customers may not use the Free Trial for any other purposes, including but not limited to competitive analysis, commercial, professional or for-profit purposes.
- MoxCRM has the right to terminate the Free Trial at any time. Unless Customers purchase a subscription for MoxCRM Service, upon any such termination or expiration Customer Free Trial will cease and Customer will no longer have access to any Customer Data used in connection with the Free Trial.
- The domain purchased during the onboarding will be use solely for the personalized URL to access the MoxCRM.
- Due to the processes involve, we regret to inform that we are unable to transfer the domain ownership once subscription is cancelled.
- We are ever-evolving and upgrading our features. We may add or remove them or stop providing them altogether. You are free to stop using our services at any time, however, we’ll be sorry to see our valued user, leave. We are aware of the fact that you own your data and that preserving your access to the data is important. So in case of discontinuation of a feature, wherever reasonably possible, we will provide you with reasonable advance notice and hence a chance to preserve your data of that feature.
- Either party may terminate this ToS (including all related Order Forms) if the other party:
- fails to cure any breach of this TOS within thirty (30) days after email notice of such breach;
- ceases operation without a successor; or
- seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)).
- Termination is not an exclusive remedy and the exercise by either party of any remedy under this ToS will be without prejudice to any other remedies it may have under this ToS, by law, or otherwise.
- All Customer Data on the Service (if any) may be permanently deleted after 90 days by MoxCRM upon termination.
- MoxCRM shall not be liable to Customer or any third party for any modification, suspension or discontinuation of the Service. All accrued rights to billing and payment shall survive the termination of this TOS.
- You have the right to stop your subscription at any time. No further amounts will be collected from your credit card. However, you are responsible for any amounts already charged to your credit card. MoxCRM.com is not obliged to accept a refund request for any period of time left on your subscription.
- Refunds – Unfortunately, due to how our system works, we are required to setup and configure security, custom branding and domain, we don’t offer refunds upon termination. We do not offer refunds on already processed payments; this policy is the same for all clients, and you are responsible for all charges in your subscription.
- Customer, not MoxCRM, shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and MoxCRM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
- Customer will defend, indemnify and hold harmless MoxCRM, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Customer’s use of the Service, Customer’s violation of this ToS, or Customer’s violation of any rights of a third party through the use of the Service.
- Customer agrees to indemnify and hold MoxCRM harmless from and against any loss, cost, damage, and expense, including but not limited to attorney’s fees and court costs, arising directly or indirectly from the use of the MoxCRM base reports and/or Customer’s breach of any representation, warranty or restriction contained in this TOS.
Limitation of Liability
- Neither party shall be liable under this ToS for any of the following losses suffered or incurred by the other party (whether or not such losses were within the contemplation of the parties at the date of this ToS):
- loss of actual or anticipated profits (including loss of profits on contracts);
- loss of anticipated savings;
- loss of business opportunity;
- loss of reputation or damage to goodwill;
- special, indirect or consequential losses; and
- any service disruption or data loss caused by the web hosting and payment gateway companies.
- Each party’s liability under this ToS in relation to liability arising from any given event or series of connected events shall be limited to the total amount paid by Customer in the twelve (12) months immediately preceding the month in which the event (or first in a series of connected events) occurred.