Terms of Service & Sales – ERP Swarm
1. Scope
These Terms of Service (“Terms”) apply to all subscriptions and services provided by ERP Swarm, including:
- SaaS applications,
- micro-cloud infrastructure (VMs),
- ERP/CRM/VoIP/Mail integration services.
By subscribing or using our services, you agree to these Terms.
2. Services and Subscriptions
- Services are offered as monthly or annual subscriptions, renewed automatically unless canceled by the customer.
- Service descriptions, technical limitations, and pricing are available on our website or purchase order.
- ERP Swarm may update or improve its services at any time. Substantial changes will be communicated in advance.
3. Pricing and Payment
- Prices are displayed in EUR and USD, excluding applicable taxes.
- Invoices must be paid within 21 business days unless otherwise stated.
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Late payments may lead to suspension of access until payment is completed.
- Any withholding tax required by local laws is the customer’s responsibility; the invoiced amount must be paid in full.
4. Access and Availability
We use commercially reasonable efforts to ensure continuous service availability.
Temporary interruptions may occur for maintenance, updates, or events beyond our control. In the event of a major incident, we will make every effort to restore access quickly.
5. Support
- Support is provided via email or ticketing system.
- Response times may vary depending on complexity, but we always aim to assist in good faith.
6. Refund and Cancellation Policy
We want our customers to feel confident:
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30-Day Satisfaction Guarantee
- If you are not satisfied, you may cancel within 30 days of your first payment and receive a full refund.
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Unused Service Refund Requests
- If a subscription was not used and automatic payments were processed during the year, the customer may open a refund ticket within 12 months.
- Each case will be reviewed individually, and ERP Swarm reserves the right to accept or decline the request.
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Cancellation
- Subscriptions may be canceled at any time. Cancellation takes effect at the end of the current billing cycle.
7. Warranties and Limitation of Liability
- ERP Swarm guarantees that its services are delivered with reasonable skill and care according to industry standards.
- We do not guarantee that services will be entirely error-free or uninterrupted.
- Our liability is limited to direct and foreseeable damages only. Indirect damages, loss of profits, or loss of data are excluded.
8. Data Protection
- ERP Swarm complies with GDPR (EU), CCPA/CPRA (California), and PIPEDA (Canada) regulations.
- Customer data remains the property of the customer. We act as a data processor and implement reasonable security measures.
- Please refer to our Privacy Policy for details.
9. Force Majeure
ERP Swarm shall not be held liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, cyber-attacks, power outages, government actions).
10. Changes to Terms
We may update these Terms from time to time. Customers will be notified via email or the platform. Continued use of the service constitutes acceptance of the updated Terms.
11. Governing Law and Jurisdiction
- For customers in Europe: governed by French law, courts of Paris.
- For customers in Canada: governed by Québec law, courts of Montréal.
- For customers in the United States: governed by Delaware law, courts of Wilmington.
12. Miscellaneous
- If any provision is found invalid, the rest remains enforceable.
- Contracts cannot be transferred without written consent.
- The official contract language is English; translations may be provided for convenience only.