Terms & Conditions
Thank you for choosing Certified Zoho Partner Yellow Monkey to provide you with reliable Zoho solutions for your business, organization, or enterprise.
Terms & Conditions
The following describes our terms and conditions of service in detail, inclusive of our business relationships and the solutions we may offer you proactively or exclusively.
In the entirety of the Terms & Conditions and the website, the use of ‘us,’ ‘our,’ ‘we,’ and the like is associated with Yellow Monkey. Simultaneously, the use of ‘you,’ ‘your,’ applicant,’ ‘client,’ and such is broadly associated with visitors and Customers. Moreover, the use of our website, its resources, or connected elements will directly or otherwise ascertain that you are in Agreement with our terms of service.
Please review our complete terms and conditions of services below.
What Is Billed?
Consulting, Implementing & Other Zoho Solutions for Clients
Our Zoho Suite services, including data migration to Zoho CRM and similar others, implementing Zoho products and consulting, are charged at a fixed cost. Parallelly, any requested customizations that may be required will not be a constituent of implementation and may be charged as hourly work, irrespective of the scale of the work.
Hourly Working Model
All our services are available on a prepaid basis, classified and measured in hours, wherein you reserve the ability to purchase blocks of hours for our team to work on your requirements. While the timesheets are shared with the client, it must also be known that we present estimated development hours based on your requirements. Similarly, our training hours are also billed for communications we undertake with clients, third parties, or partners.
Based on the working hours required by your project, our hourly costs may vary further depending on the required specialties, timeline, and other factors.
Hours of Support Operations?
There is, as such, no cap over the support services we can provide, but we recommend connecting with our consultants to discuss the accurate value and work hours.
Our Refund Policies
No refunds will be processed on the purchases made and/or after the implementation of Zoho partner services have been supplied in full or partial. In a scenario wherein you may desire to stop the work, the remaining unbilled about is the one that will be processed for the refund.
Customer Liabilities & Responsibilities
As per the request of the client, the specific services demanded will be implemented on Zoho Suite Applications where the client is viable to adhere to or allow the following:
Response Timeline and Resultant Effects
At the time, the Yellow Monkey team is working on your Zoho Suite for customization, migration, or implementation; our team shall need your feedback and input consistently. Ideally, sharing it in the same week could supposedly quicken the process, whereas the lack of it may extend the timeline of the project.
In the instances of the latter kind, it may also happen that we may have to reschedule your project entirely. For the same and similar instances, you agree that Yellow Monkey shall not be held, in any event, liable in any manner for the consequential, direct, special, or punitive or indirect losses and damages whatsoever.
Subsequently, Yellow Monkey won’t be liable in any capacity or by reason for loss of business profits, interruptions of business, system or machine failures or loss of business data, or any loss arising from or caused by your ineptness to use the service.
Additionally, the following terms will be applicable, at the least:
- Application fees for the Zoho Industry solutions are non-refundable after the application transfer is completed.
- In the unusual scenario of having to halt the project at any stage, Yellow Monkey will only refund the remaining sum of the non-utilized hours within the 90 days period from the date of invoice generation.
- Yellow Monkey cannot be publicly or privately held responsible for any delays in the timeline borne at the Customer end or by their vendors.
- Yellow Monkey shall also not be held liable for limitations that may exist or be caused in Zoho Apps and in any third-party apps that are sought for the purpose of integration with Zoho.
- Modifications in the work requirements can possibly affect the project budget and its overall timeline.
- Increments in the required work with additional requests and the like will entail separate estimations aloof from the existing project requirements.
- Yellow Monkey disclaims all warranties of various kinds and any implied or stated, or expressed. No data or information, written or verbal, stated or revealed by your organization or its employees or representatives would create any form(s) of warranties.
- The delivery timelines will solely constitute working days, i.e., excluding Saturdays, Sundays, and holidays at Yellow Monkey. Yet, the delivery timelines may also differ contrarily depending on certain circumstances.
- For projects concerning data migration, our team can provide Excel/CSV file(s), but data migration could not be construed or affirmed as a proposal.
Relationship Between The Parties
The Consultant at Yellow Monkey will be connected with the Company in the stature of an independent contractor. Hence, the Consultant does not have any authority over defining obligations for the Company by word or contract or in other manners.
While the Consultant shall not receive or be entitled to Company benefits, they may be solely responsible for bearing taxes & insurance of self, except if the Company decides those deductions could be lawfully required.
Project Validity Terms
Agreement between the parties would expire at the time of completion of hours purchased and could be extended by lawful mutual consent. Additionally, either of the parties may terminate Consultant’s services bound by this Agreement at any moment, without or without serious or other causes, or not before ten days prior to a written notice.
When the Consultant chooses to terminate their services prior to project completion, the entirety of the funds obtained by the Consultant from the Company should be immediately returned to the Company.
Company & Former Employees
Consultant shall, at all times during administering consultation for Company, retain strict confidentiality and not reproduce, misuse or disclose outside parties (persons or entities) without Company’s written consent or instructions about any trade details and secrets or confidential, proprietary information of any types and sorts.
The information pertaining to processes, designs, products, formulas, developmental or experimental outcomes, computer programs, and other digital assets, including original materials of ownership such as authored or non-authored lists of Customers, any business plans, financial data, or any subject matter, and such shall in connection with the Company not be disclosed or revealed in any form to persons or parties with which it’s in businesses.
The Consultant does not have the right or capacity to disclose or utilize confidential or proprietary information of any sort of concurrent clients or employer, including trade data or secrets about clients or employers. They shall also not bring onto Company premises any unpublished document or property of sorts belonging to former or concurrent clients or employers without written consent obtained from the same.
The Company has or will obtain from third parties any confidential or proprietary information concerning a duty on the Company’s end to maintain the confidentiality of said information and utilize it only for limited specific purposes. Consultant at the Company shall hold and maintain such proprietary & confidential information in highly strict confidence and not reproduce, utilize, or leak to any entities (tangible and intangible) except as per Company’s Agreement with the respective third party. The Consultant also warrants that the execution and validity of the Agreement will not result in the Consultant in breach of employment obligations or others.
At the time of fulfilling or terminating the Consultant’s services for the Company, even if at the Company’s request, the Consultant shall return to the Company any and all documents and materials containing confidential, proprietary information belonging to third parties doing business with the Company or of the Company itself.
Conflicts & Resolution
For the validity of the Agreement, the Consultant will not engage (for compensatory or other reasons) in business activities that compete, indirectly or directly, with business conducted or planned by the Company, except without Company’s written consent priorly. The Consultant must also not, for the Agreement duration, replicate or encompassingly reproduce for any parties any work done for the Company.
The respective employees, agents, contractors, partners, consultants, or persons of the Consultant that assist them in the Company’s performance should have signed a binding Agreement with identical or the same obligations as described in the Agreement.
Legal Restraining Factors
When the Consultant is in breach or threatens any breach of the provisions of the Agreement, the Company is entitled to an injunction and restraint of the Consultant from violating the terms herein. Nothing within the Agreement would restrict the Company from the pursuit of options available, including recovery of damages.
General Provisionary Terms
Notices of any kind in connection with the Agreement should be submitted in writing. The submitted notice shall be deemed effective on the third business day onwards the date of its deposit to the individual that has signed this Agreement. Any other kinds of notices must be in writing and would be considered effective from the period of receiving them.
Governing Law Body
The Agreement and its authority are governed and protected by the Indian Government, which also holds the right to nullify it without prior notice or discretion.
Agreement & Disputes/Severability
In scenarios of disputes between parties regarding or concerning the performance of either of them, the prevailing party will be entitled to bear attorney’s fees.
Parallelly, when or if one or many provisions of the Agreement are discovered or held unenforceable, ineffective, or illegal for whatsoever reason, the remaining provisions will apply all the same.
Provisions Regarding Services
- Yellow Monkey Tech will provide services to Customers with optimal skill output and industry practices and make sufficient endeavors to meet timelines mutually agreed upon in the proposal.
- Yellow Monkey will provide the services at its discretion and will ensure the consultants in contact with Customers are competent and experienced in advising on provided services.
- Time may not be of the essence in relation to this Agreement unless explicitly stated otherwise by the Company.
- Customer(s) may view or affirm the services by the Company as acceptable after a satisfactory outcome of the testing phase of demanded work, also confirmed by email or payment of invoice.
- Customer(s) will be billed for price from the duration of acceptance of service per the clause or payment milestone discussed or stated in the proposal.
- Customer(s) may also be liable to reimburse Yellow Monkey for reasonable expenses (including travel, subsistence, and accommodation) incurred by the Consultant while obtaining the service.
- Invoices by the Company are payable within seven days of their release until otherwise is mentioned explicitly.
- The consultancy and training invoices will always be payable in full in advance prior to the event.
- Prices may carry VAT and will be charged to the Customer at the concurrent rate at the time.
Customer Responsibilities & Duties
- Customers will offer and perhaps extend sufficient support to the Yellow Monkey team during the period of services rendered.
- On occasions when services rendered are implemented at the Customers’ site, the Customer shall make arrangements and supply facilities that enable the Consultant to render services without hitches and within the timeline per the proposal.
- Customers shall appoint a contact entity to enable Yellow Monkey to receive required information of necessity and draw decisions from others or take one by self without undue delays.
- Yellow Monkey affirms to take reasonable steps or measures for ensuring consultants providing services on Customer sites will comply with regulations sensibly as required, given that they have been first alerted or instructed about the same.
The rights of intellectual property connected to or regarding the provision of services (arising from it, too) will automatically vest to Yellow Monkey, its licensors, and sub-contractors. For the same, the Customer undertakes the responsibility of executing such documents to affirm the title and rights of ownership by Yellow Monkey.
- The Agreement may terminate right away and immediately when the material breach by Customer or provisions in the Agreement are not corrected within 14 days of written notice from Yellow Monkey requesting rectifications about the same.
- The total liability of Yellow Monkey, under the Agreement, yet in any scenario, in contract or tort, shall not exceed the price paid for services.
- In the event of termination of the Agreement for whichever reasons, the properties in possession of either party and to another shall be responsibly returned, along with sums that may be due owing to Yellow Monkey that may remain as a debt under terms of this Agreement and continue until the Customer makes full payment.