This is an agreement between BITSoftware S.A., a company registered in Romania with registration number J08/3704/1993, with legal address at 22 Iuliu Maniu St. 500057, Brasov, Romania (also referred to as “Socrate.io,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”).
Whenever used, the following terms will have the following meanings:
The SaaS Service is activated electronically for Software Products after payment of the SaaS subscription by activating the account for the user with administration rights. This user, also called Application Administrator, will administer and configure the system. The system is considered activated, regardless of the operations performed by the System Administrator after the activation date.
The warranty is the Manufacturer's obligation to remedy hidden manufacturing defects. The service provider grants a technical warranty for the services provided. This warranty relates to the correctness of the services provided in accordance with the specifications on the basis of which those services were performed. The period of the technical warranty for services is identical to the period of validity of the SaaS subscription.
The warranty does not cover defects caused by improper operation, improper equipment, terms or designations that need to be changed or other causes beyond the Manufacturer's control. The technical warranty is granted subject to compliance with hardware, software, administration and configuration requirements. The warranty does not imply the training of the Beneficiary's personnel in the proper configuration and use of the products, nor free technical assistance.
In the event of a defect being reported, the Manufacturer will use reasonable efforts, due diligence and professionalism to make the necessary changes to remedy the situation.
The Manufacturer shall not be held liable for loss of data, profits or any other loss resulting directly from the use of the Manufacturer's PRODUCTS or indirectly from the use of the Products for purposes other than as designed.
The Maintenance Subscription represents the service of updating software with new versions.
The SaaS service includes the maintenance subscription, in other words it includes the update with new versions.
The version upgrade is done automatically by the Manufacturer.
The service level agreement (SLA) is NOT included in the maintenance subscription.
Software maintenance consists of updating Socrate.io with new versions that bring functional improvements, bug fixes and legislative updates.
Legislative updates only relate to functionality existing at the time of purchase of the SaaS service.
The Maintenance Subscription also includes the extension of the software technical warranty during the subscription period.
Software maintenance is not technical support, assistance or implementation services, which are agreed separately in a Service Level Agreement.
The manufacturer provides the Beneficiary with the information and monitoring service within the Maintenance Subscription.
This service is provided remotely during normal working hours. This service includes:
Separately, as part of the Services Agreement, the Manufacturer provides the following services:
The manufacturer provides accounts in the BIT-CRM system, through which complaints can be entered and tracked. This system will be used as the main communication channel between BIT and the Beneficiary regarding the provision of services.
Service availability is 99.98%
The response time is calculated from the moment the request from the Beneficiary has been registered in the BIT-CRM system and the moment the Beneficiary is first contacted by the Provider. The response time is not the resolution time and is valid only within the Work Schedule which is 5 days a week, Monday to Friday (except public holidays), between 9:00h and 17:00h EET.
Licensing is the grant by the Manufacturer to the Beneficiary of the right to use the Software Products in accordance with this License Agreement.
The License Agreement may be accepted or rejected by the Beneficiary upon activation of the SaaS Service. Failure to pay the subscription automatically results in deactivation of the SaaS Service.
Billing is based on the volume of usage of services (pay-as-you-go).
The performance level of the application is guaranteed for equipment and internet connections that comply with the Manufacturer's recommended configurations.
The Manufacturer cannot be held liable for possible damages caused by the failure of the Software Products to operate within the parameters due to insufficient resources of the Beneficiary.
The internal network must operate at optimal parameters to ensure the fastest communication between the network computers and the Internet.
For access to the BIT-CRM and for remote interventions, the Beneficiary must ensure a permanent Internet connection.
Access to the SaaS Service requires a stable Internet connection with a response time of max. 100ms and the use of computers with a modern, state-of-the-art browser (Chrome, Firefox, Edge).
BITSoftware reserves the right to change the terms of these Terms and Conditions by giving 30 days notice. Assumptions associated with these services are included in this notice.
