This Agreement of Terms of Service (hence forth called as Agreement) is entered between you or the organization you represent (“You”), and Bista Solutions Inc (“We”). This Agreement governs the terms of service provided under the brand name ERPinCloud (hereafter referred as “Services”) offered by Bista Solutions Inc at the website www.erpincloud.com.
By using ERPinCloud services, you are explicitly agreeing to the terms of service mentioned in this Agreement below.
ERPinCloud name and ERPinCloud logo are trademark property of Bista Solutions Inc. You agree to use this Trademark only after receiving explicit written permission from Bista Solutions Inc.
Description of Services
Bista Solutions Inc offers a variety of Services on the www.erpincloud.com website. These Services may be accessed online using an Internet browser supported by these Services. These Services include Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), Project Management, Human Resource Management (HRM), Accounting, Sales, Customer Support, Warehouse, and Manufacturing related modules. Bista Solutions Inc reserves the right to add or remove additional service modules in the future.
You may use these services for personal and professional use. To use these services, you need to create an account on www.erpincloud.com website. You may create, edit or remove content within your account that you are authorized to use.
You may use one or more of the modules offered under these Services. The terms of this Agreement will apply to any of the modules you may choose to use.
Acceptance of the Terms
You must be of legal age in order to accept the Terms of this agreement. You may accept the Terms by checking clicking on a button indicating your acceptance of the terms. Further, you are explicitly agreeing to the terms of this Agreement once you start using the Services.
For accessing the services offered at www.erpincloud.com, you need to sign up and create an user account. During the user sign up process, you agree to provide accurate information about yourself and your organization. We will be using your email address to verify your account and establish your identity as well as send you account access credentials such as passwords. You agree to provide a valid email address that will help in the account verification process.
Each user will be required create their separate user account for using the services at www.erpincloud.com.
Each account will be allocated 1 GB space that can be used for uploading images, documents and other account related content. If you need to use more than 1 GB space, please contact email@example.com
Fees and Payments
Bista Solutions will charge you for the services that you may use at www.erpincloud.com. The pricing details of these services are published at www.erpincloud.com. Once you sign up for our services and choose to purchase our services, you agree to make payments using a credit card. You will be required to submit information about a valid Credit Card that you want to use to make payments to Bista Solutions Inc. For services offered in the SaaS (Software as a Service) form factor, you may be charged on a half yearly or yearly basis as per the features and payment plan you choose. Your billing cycle starts on the day you sign up for our services. You agree to make these payments on a regular basis. Your credit card will automatically be charged as per your payment plan.
We may choose to give a free evaluation period (or trial) where you can evaluate our services. You will not be charged for the entire length of the trial period. Your billing will start at the end of the trial period.
For any queries on fees and payments, please contact firstname.lastname@example.org
All Sales are final. If you choose to cancel our services at any time, you will be Not be refunded the amount corresponding to time left in your billing cycle.
The services available at www.erpcloud.com will not be available between 1:00 am to 4:00 am (US EST) on every Sunday for scheduled maintenance.
You agree to use the services in a fair manner for your personal or professional use. You shall not transfer our services to another user or third party. You shall not resell our Services to other users without prior written permission from Bista Solutions. You shall not provide additional services on top of our Services without prior written permission from Bista Solutions. You shall not post links to third party website without agreeing to their terms and conditions.
Spamming and Illegal Activities
You are solely responsible for contents that you upload, create or edit at www.erpincloud.com You agree not to violate intellectual property rights of another user. You shall not use www.erpincloud.com for spamming or phishing activities. You shall not upload or create any material that is illegal, abusive, obscene, racist, or harmful in any way to other users of www.erpincloud. Bista Solutions Inc reserves the right to terminate your account and access to our services if we believe that you are using our website for any illegal activities.
Personal Information and Privacy
Bista Solutions Inc may offer certain services under a Beta Program for market trials and customer evaluation purposes. For such Beta Programs, we have the sole authority to decide the nature and period of the Beta Programs. We reserve the right to convert the service under a Beta Program to a regular commercial service. If we decide not to convert the Beta program service into a regular commercial service, then you agree that we are not liable for any harm or monetary damage arising from discontinuing that service.
Account Related Communications
Bista Solutions will send out regular communications about your account status and the services that you may choose. This communication will be typically delivered via email. All administrative and account related communications are compulsory and you shall not opt-out of such communications.
During the course of using our Services, you may create, upload or edit content on our website. This content will be considered as data owned by you. While you are the owner of this data, Bista Solutions shall have the right to transmit, store, retrieve, archive or backup such data for efficiency and business continuity of our website.
You may upload content to www.erpincloud.com that you hold copyrights for. You agree not to violate any copyrights in any form including plagiarism, posting other peoples content without written permission from them, citations without due credit to sources, uploading documents without permission from document owners, and revealing other peoples confidential information such as passwords, personal profiles and credit card information. In case of violation of copyright, Bista Solutions reserves the right to terminate the user account and access to Services.
Disclaimer of Warranties
You understand and agree that you are using services from www.erpincloud.com at your own risk. The Services offered at www.erpincloud.com are on as-is basis. Bista Solutions Inc does not make any warranty that our services will be continuous or uninterrupted. Bista Solutions disclaims warranties of any kind arising from downloading any material from www.erpincloud.com including damages to your computer or mobile phone that you use to access these Services.
Limitation of Liability
You agree that Bista Solutions Inc shall not be liable for any losses or damages related to loss of business profits, interruption of business, loss of information or any other type of direct or indirect losses arising from use of our Services. Further Bista Solutions shall not be liable for any losses or damages arising from prolonged non-availability of our Services due to whatever reasons. In such cases, you may choose to cancel our services. In all such cases, our liability will be limited to the fees that you have paid towards our services.
You agree to indemnify and hold harmless Bista Solutions Inc, its officers, directors, and employees, from and against any losses and damages arising out of or relating to any claims that you have used the Services in violation of another party's rights as per terms in this Agreement.
Any controversy arising out of terms of this Agreement shall be settled in California and in accordance arbitration rules of the American Arbitration Association Suspension and Termination
We may suspend or terminate your account due to non-payment of fees. We may also suspend or terminate your account if we believe that you have violated terms of this Agreement related to Acceptable Use, Copyright, Spamming and Illegal Activities. We may suspend of terminate accounts that have been inactive for 6 months or more.
Modification of Terms of Service
We may modify the Terms from time to time. We will notify you of any such modifications to our terms of service. If do not accept the modified terms of service, you may choose to discontinue with our services. If you choose to continue using our services, then you are explicitly agreeing to our new, modified terms of service.