Mekari Qontak terms and conditions

Welcome to www.qontak.com. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Qontak Services”).

The Qontak Services are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at www.qontak.com/privacy), the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Qontak Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE QONTAK SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE QONTAK SERVICES.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Qontak Services to anyone who violates these Terms.

If you register for a free trial of the Qontak Services, the applicable provisions of these Terms will govern that free trial.

The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

Definition

Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:

AccountThe primary means for accessing and using the Qontak Services, subject to payment of a Fee designated in the selected Plan;
ActivityAppointments, tasks, events and actions (such as call, meeting, lunch or a custom type) on a calendar that can be associated with a Deal, a person or an Organization;
AuthorizationThe set of rights and privileges on the Web Site assigned to a User by a Client;
Clienta natural or legal person who has accepted these Terms with the Supplier;
Client DataFiles and any other digital data and information, which is subjected to the Qontak Services or otherwise inserted to the System by the Client (including the specific Users, Products, persons, Organizations, Activities, Pipelines, Stages and Deals associated with the Client);
ContentAny data and information available through Qontak Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments;
Deala Client’s ongoing, lost or won sales to an Organization or person;
FeeRegular payment for using the activated Account;
FilesDocuments of any kind (images, spreadsheets, text files, etc.) that are inserted to the System by the Client, and usually associated with a particular Deal, Person or Organization;
Free TrialTemporary access for the purposes of trying out the Web Site and Qontak Services in accordance with any selected Plan without paying a Fee;
GuidelinesAdditional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the Qontak Services;
OrganizationLegal persons (such as companies) and other entities with which that Client is making Deals;
Qontak MaterialsThe visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Qontak Services;
Qontak ServicesThe Web Site, System, Content, Platform and all content, services and/or products available on or through the Platform;
PipelineThe process of making a Deal, which consists of several Stages;
PlanVarious criteria related to the use and functionality of the Qontak Services and on which the Fee is based;
PlatformThe Qontak customer relationship management application;
ResellerThird party entity that (i) purchases Qontak Services from Supplier and resells such Qontak Services to Clients, (ii) bills such Clients directly and (iii) provides such Clients with customer service;
Special TermsAny particulars, specifications and conditions by which the parties have agreed to deviate from these Terms;
StageThe status of a Deal at a certain point in time;
Supplieras the context requires, Qontak US, Qontak UK, or Qontak EU; and collectively, the “Suppliers”; System the integrated cloud computing solution for providing the Qontak Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;
Usera natural person granted with the Authorization to use the Account on behalf of a Client;
Web SiteThe compilation of all web documents (including images, php and html files) made available via www.qontak.com or its sub domains or domains with identical names under other top domains and owned by Supplier.

Authority to enter into these terms with supplier

The use of the Qontak Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.

The Terms are accepted as soon as one of the following occurs first:

The person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or
for those Qontak Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

You may not, without Supplier’s prior written consent, access the Qontak Services (i) for production purposes, (ii) if you are a competitor of Qontak, (iii) to monitor the availability, performance or functionality of the Qontak Services or (iv) for other benchmarking or competitive purposes.

Once accepted, these Terms remain effective until terminated as provided for herein.