Terms and Conditions

A. Contract & Finance

1. For SugarCRM Software subscription, payment for the first year is required in full prior to commencement. Additional Users are sold throughout the first and subsequent year on a monthly accrued basis to the initial subscription anniversary.

2. Our preferred policy is for prepaid professional services based on 50hrs or 100hrs packages. Competitive specialist labour rate are offered per Country region.

3. SugarCRM or other IT Development Work can be contracted on a fixed bid basis, given sufficient allowance for technical scoping, which is billed on a time and materials basis, upon prior approval. In these cases a paid Technical Scoping is required.

4. For fixed bid projects, CRM Works Asia require a 50% advance payment for our estimated Professional Services including Scoping & Needs Analysis, Design & Implementation, Data Import, Customisation, Acceptance Testing, Web Portal, Mobility integration, Project Management fee, then the selected SLA.

   There after, milestone payments apply on achieving agreed implementation, beta delivery and cut over. These milestone payments are 25% of professional services fee at the delivery of your “beta” data base, then 25% at the used case pass and application cut over. These stages are invoiced on completion and are due for payment on receipt of our invoice.

5. All Consulting and Project Management Fees are incorporated in the initial cost estimates or within the comprehensive proposal as stated in the Needs Analysis, otherwise we will contract on a Pre Paid basis.

6. For fixed bid projects, whereas the Software and Maintenance costs are stable, we have made every effort to provide accurate estimates for the Implementation and Development, but the actual costs can be influenced by many factors, including:

   a.) Crystal Enterprise Report Designer Licences are not included.

   b.) For Fixed Bid Proposals, the consistency of the final solution with the one envisaged during our various sales meetings & documents, however the agreed solution will be fully documented in the final Proposal.

   c.) The resources that Client Company make available to the project and the tasks that you take responsibility for during the project.

   d.) Technical / environmental problems experienced at your site.

   e.) Competence of your staff, both those involved with the project and ultimate users.

   f.) The degree of support that the project has from Client Company.

   g.) The time, resources and content quality required for data conversion, the cost for which is not included in our Proposal.

   h.) The number of User Mobile activations required as well as the suitability and availability of the PC’s made available at the time.

   i.) Should there be any delay attributed to the client or a third party vendor, preventing CRM Works Asia achieving its committed performance and milestones, exceptional delays may occur to the project. In such cases an additional overhead is incurred by CRM Works Asia in resource allocation and re-assignment of project tasks. These costs will be fairly defined and may be recoverable from the client.

   j.) CRM Works Asia is not to be held responsible or penalised for network, non related application and firewall issues that are deemed to cause failure or are problematic to our application development, once proven working by demonstration within and off client site.

7. For our Service Level Agreement, please see specific terms in the next section, below.

8. A new CRM implementation will invariably require ongoing maintenance, support and configuration adjustment. In order to provide this support in an efficient manner and without ongoing inconvenience, it is necessary for the client to provide CRM Works with a persistent, dedicated login with sufficient privileges to perform all levels of administrative functions. This applies to the SQL server that stores the CRM database, the Web Server that CRM is installed on, and any systems CRM Works intends to interact with or access in the course of the project.

9. Ownership of deliverables in our case software code, does not pass until the final project milestone payment is received in full

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10. In such cases applicable, all reasonable travel and accommodation costs, are to be borne by the Client Company, on a pre approved basis.

11. This proposal and any attachments hereto sets forth the entire proposal and understanding between Client Company and CRM Works Asia as to the subject matter hereof and which supersedes all other prior discussions, agreements and understandings of any kind.

12. Should either party terminate the project for whatever reason before completion Client Company agrees to pay CRM Works Asia for all completed and signed off elements and the software.

13. A proposal remains valid for thirty (30) days. Prices are in AUD excluding local tax GST unless otherwise specified.

14. Despite all care Errors and Omissions are Excepted (E.& O.E).

B. Service Level Agreement

The CRM Works Asia Service Level Agreement (SLA) is designed to provide a wider scale of benefits such as SugarCRM version and service pack management, custom code maintenance, telephone, email and on-line support, fixed response times, annual systems reviews, knowledge base, custom user manuals, DRP, support issues reporting and end of year reviews.
Another key objective and outcome of our SLA, is to keep the administration costs down, which is of mutual benefit. On-site, on-line, e-mail and phone support is available to your CRM Trained System Owner and those nominated.

For our Australian Clients, the ultimate premium is either the minimum currently set at $3,000 which covers the SugarCRM application support, or based on 12% of the professional services development cost for the project, assessed annually, applying whichever is the greater. The professional services base excludes scoping, training, data uploads, redundant development and annual SLA premiums.

CRM Works Asia offers the client the option of a client support contract to provide benefits such as: web portal case logging, telephone support and fixed response times, for a fixed annual fee based on base application service requirements, complexity of the application and an overhead recovery for the fixed services offered.

A CRM Works Asia, Service Level Agreement is recommended but optional, for the first year and is subject to our commercial Terms and Conditions as out lined below.

• Premium Support: Access to our Help Desk is via eMail or web portal for assistance with issues of a support nature that can be addressed over the phone or via remote access. With our web based support technology our support staff can, with your permission, take over and/or shadow your computers. This technology can also let us visually present the solutions to your support calls over the internet.

• Version / Service Pack Management: Tracking of SugarCRM versions and service packs and the facilitation of the activation, installation of new versions and service packs. Under our SLA, additional charges are avoided customisations must be modified to accommodate CRM version changes.
• Succession Planning provides Service Continuity: We need to allow for, but not limited to (1) succession planning, so if we take on new or replacement software engineers, we need to allocate time for them to understand the client application, data and custom developments in order to guarantee continuity of support. As well (2) the core application has a continual development road map, with 30%+ of SugarCRM revenues been invested back in product development.
• Support Issues & Status Report: Provide an on demand report on the status of support issues for objective information on the cases you have lodged.
• Knowledge Base: Access to our SugarCRM Solutions Knowledge Base, the repository of all resolved issues both we and our business partners have encountered with our client installations.
• Annual System Review: Upon request an annual review of the suitability of the existing VPS, SugarCRM modules and configuration compared with evolving requirements and changing business circumstances.
• Backup Monitor: CRM Works Asia will undertake a monitor of client database back up protocols and provide advice on perceived risk and best practice.
• Response Times: Guaranteed response times and escalation procedures for support issues. All cases logged into our Web Self Service system generate a notification to the support team. CRM Works Asia will respond and start action on any lodged cases within 4 business hours from time if prescribed lodgement procedure. Definitions of terms used and performance guarantees in the form of extensions to the SLA will be provided upon acceptance.
• Remote Connection: Web conferencing, remote control, Skype, teleconferencing, SMS and online meetings services are available at no additional cost.
• User & Training Manuals: SugarCRM provide comprehensive, professionally written user manuals for your SugarCRM Administrator and Users. Electronic copies are available on our web site. For the highly customised developments, CRM Works Asia will provide a Power Point or suitable media, detailing use and functionality of client custom entities and developments.
• DRP Updates: Disaster Recovery Plans are a common sense approach to system recovery in the event of a catastrophic event. SugarCRM system architecture, movements in contemporary technologies, the clients’ adherence to infrastructure specifications and operational demands together with CRM Works Asia experience, leads to a acceptable managed risk scenario.
• Briefings: Periodic briefings covering new developments and the strategic direction of your VPS, SugarCRM and Add on Products. The client will be in a superior position to plan for the future and make technology work for you.
• Annual Data Inspection: Upon request data review and report on system maintenance and housekeeping activities.

C. Publicity

At SugarCRM and CRM Works Asia, we believe in sharing success through professional and well placed publicity which benefits all parties involved including Client Company. We seek your imprimatur through negotiation and the execution of an informal publicity agreement, outlining the range, scope and content of suitable publicity activities including but not limited to:

• Win Story
• Media Release
• Case Study
• Testimonials
• Photography
• Advertising
• Event Presentations
• Co-Branding

Details of what we have in mind will be discussed, negotiated and agreed to, well before any public exposure is undertaken.

 

D. Confidentiality of Methodologies

The methodologies, documentation and procedures used by us during the project and in the provision of ongoing support services thereafter are proprietary. They may only be disclosed to your permanent staff, that is involved directly with this project, and only for the purposes of this project. Please ensure that no third parties get or are given access to the proprietary documents and information without our written consent.

 

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