Terms for TAM Services

The following Terms of Use apply to SugarCRM’s provision of Technical Account Management services (“TAM Services”) to SugarCRM customers and Business Partners (“Company”, or “You”). By accepting TAM Services from SugarCRM, you agree to these Terms of Use.

  1. The Statement(s) of Work (“SOW(s)”) issued to You by SugarCRM sets forth the details of the TAM Services that SugarCRM will provide to You, any deliverables, the time frame, and the cost of the same, among other important details. The SOW(s), combined with these Terms of Use, create a legally-binding contract (“Contract”) between SugarCRM and You, and you agree to the terms of that contract.
  2. If SugarCRM and You have entered into a Master Subscription Agreement (“MSA”), the terms of that MSA are part of the Contract. If SugarCRM and You have entered into a Professional Services Agreement (“PSA”), such services are separate and apart from the TAM Services and the PSA is not part of the Contract referenced in these Terms of Use. If SugarCRM and You have entered into an OEM Agreement, the terms of that agreement are also part of the Contract.
  3. Any work you wish SugarCRM to provide to you beyond or different from the TAM Services described on the SOW(s) require a change order or new SOW. SugarCRM will advise You as to which of those documents should be used.
  4. Company is responsible for applying and incorporating any suggestions from SugarCRM made in during the provision of TAM Services, including but not limited to creation of workflows, code-based remediations, and the like. You will be responsible for:
      Testing and implementation of any code or other changes recommended by the SugarCRM TAM team
    5. Providing the necessary resources and support to the SugarCRM TAM team in resolving any issues related to implementation
    6. Ensuring participation by Company’s identified stakeholders in providing information or feedback to the SugarCRM TAM team
    7. Providing access to Company’s facilities, personnel, documents, and any other materials reasonably necessary for SugarCRM to provide the TAM Services to You
    8. Designating individuals within Company to interface with SugarCRM’s TAM team and making them available to assist the SugarCRM TAM team as reasonably necessary
    9. Timely support in resolving issues
  10. The TAM Services will be delivered remotely to You, unless otherwise specified in the SOW(s).
  11. Acceptance of the TAM Services and any associated deliverables must be made within five (5) business days of receiving the Deliverable. Otherwise, the Deliverable will be considered accepted by Company at the end of the fifth day after delivery by SugarCRM.
  12. You agree that SugarCRM may use any feedback You provide to us regarding SugarCRM’s products or services to improve our products and services.
  13. The TAM Services are provided to You on an as-is basis. SugarCRM makes no warranty or guarantee that those services will solve or remedy technical issues or challenges Company may face, or enable the SugarCRM products or any other entity’s products or services to meet Company’s needs.
  14. EXCEPT WHERE PROHIBITED, SUGARCRM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM THE PROVISION OF TAM SERVICES TO COMPANY. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, OR COMPUTER OR SYSTEM FAILURE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL SUGARCRM BE LIABLE TO COMPANY FOR MORE THAN THE AMOUNT OF THE FEES PAID BY COMPANY FOR THE TAM SERVICES.
  15. You agree to not disclose any Confidential Information SugarCRM discloses to You associated with the TAM Services to any person or entity who is not a person at Company with a need to know that information to effectuate the provision of the TAM Services. Confidential Information includes source code, object code, technical specifications, product plans, business plans, business operations information, and the like, whether or not specifically marked as being confidential.

Last modified: 2019-08-01 19:18:31

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