Clone of Master Service Agreement

Second CRM Master Service Agreement

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.

IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

This Agreement was last updated on July 1, 2017. It is effective between You and Us as of the date of You accepting this Agreement.

Table of Contents

  1. Definitions
  2. Free Trial
  3. Our Responsibilities
  4. Use of the Services and Content
  5. Fees and Payment for Purchased Services
  6. Proprietary Rights and Licenses
  7. Confidentiality
  8. Representations, Warranties, Exclusive Remedies and Disclaimers
  9. Mutual Indemnification
  10. Limitation of Liability
  11. Term and Termination
  12. Who You Are Contracting With, Notices, Governing Law and Jurisdiction
  13. General Provisions

  1. DEFINITIONS
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    "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

    “Agreement” means this Master Subscription Agreement.

    “Beta Services” means Our services that are not generally available to customers.

    “Content” means information obtained by Us from Our content licensors or publicly available sources and provided to You pursuant to an Order Form, as more fully described in the Documentation.

    “Documentation” means Our online user guides, documentation, and help

    "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

    "Non-Second CRM Applications" means a Web-based or offline software application that is provided by You or a third party and interoperates with a Service, including, for example, an application that is developed by or for You.

    “Order Form” means an ordering document specifying the Services to be provided hereunder that is entered into between You and Us or any of Our Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.

    "Purchased Services" means Services that You or Your Affiliates purchase under an Order Form, as distinguished from those provided pursuant to a 30-days free trial.

    “Services” means the products and services that are ordered by You under a free trial or an Order Form and made available online by Us, including associated offline components, as described in the Documentation. “Services” exclude Content and Non-Second CRM Applications.

    “User” means an individual who is authorized by You to use a Service, for whom You have ordered the Service, and to whom You (or We at Your request) have supplied a user identification and password. Users may include, for example, Your employees, consultants, contractors and agents, and third parties with which You transact business.

    "We," "Us" or "Our" means the salesforce.com company described in Section 12 (Who You Are Contracting With, Notices, Governing Law and Jurisdiction).

    "You" or "Your" means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.

    “Your Data” means electronic data and information submitted by or for You to the Purchased Services or collected and processed by or for You using the Purchased Services, excluding Content and Non- Second CRM Applications.

    https://www.salesforce.com/company/msa.jsp


Second CRM is an award winning business automation solution, designed to make medium to large corporations more productive, by automating their business operations, using Internet and mobile technologies. Second CRM focuses on improving sales & marketing, customer support and operations.