Advocado TnC
This agreement (“Agreement”) is entered into by and between Advocado Pte Ltd (“Advocado”, “we”, “our”) and the Merchant (company details as indicated in the signature page below) WHEREAS the Merchant desires to use the Advocado Cloud Engagement CRM Software (“Service”) and Advocado desires to provide the Service on the terms and conditions set forth herein (including the Schedules, where applicable).
1. Definitions
The following words and expressions shall have the following meanings.
i. Cloud Fees means the 12-month subscription fees for the Service as set out in the Quotation herein
ii. End Customers means the Merchant’s customers who will be using the customer app.
iii. Extended Subscription Period means twelve (12) months from any renewal date
iv. Initial Setup means the 1st setup of the Service, including configuring the Service, deploying the Service for all users on their designated devices and providing training for the Service.
v. Initial Setup Fees means the one-off fees for the Initial Set up, the amount of which will be mutually agreed upon in writing
vi. InitialSubscription Period means twelve (12) months from the Commencement Date
vii. Merchant Ground Team means the employees, representatives and/or agents of the Merchant authorised to work with Advocado in for the Initial Setup and onboarding process
viii. Merchant Management Team means the employees, representatives and/or agents of the Merchant authorised to work with Advocado in for the on-site training
2. The Service
i. Advocado’s service is a collaborative approach which equips the Merchant with expertise to use the Service.
ii. Advocado shall, as and when necessary, train the Merchant’s personnel to accomplish all functions on the Service to benefit their business.
iii. Upon payment of the Initial Setup Fees, Advocado will commence the Initial Setup.
iv. Upon completion of the Initial Setup, the Service shall commence within thirty (30) days and the project is declared live (“Commencement Date”). Subject to parties’ written agreement, the Commencement Date may change at any time. For the avoidance of doubt, Advocado will not be responsible for any delay in activating the Service unless the delay is solely attributable to Advocado.
v. Upon the expiration of the Initial Subscription Period or any renewal period of subscription, this Agreement shall be automatically renewed on the same terms and conditions for the next twelve (12) months (“Extended Subscription Period”) unless, at least thirty (30) days prior to the renewal date, either party gives the other party written notice of its intention not to renew the Agreement beyond the Initial Subscription Period or the prevailing Extended Subscription Period.
vi. During the Initial Subscription Period or Extended Subscription Period, whichever is applicable, the Service shall be deployed at the number of the Merchant’s outlets as indicated in the Quotation and the Merchant shall inform Advocado in writing the location of the outlet.
vii. The Merchant must not violate any law or make any unauthorized or illegal use while, and by, using the Service and will be responsible for all the content and activity which are held under the Merchant’s account.
viii. The use of the Service is at the Merchant’s sole risk. The service is provided on an “as is” basis. Advocado does not warrant that the service will answer the Merchant’s needs, will be free of errors, will be secure or will be available at all times.
ix. Advocado shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service and its pricing as necessary by giving thirty (30) days’ prior notice to the Merchant via the email address provided by the Merchant. Advocado will not be liable to the Merchant for any expense, loss or damages caused by such change.
3. Online Support
Our online support website is available twenty-four (24) hours a day seven (7) days a week for access to the knowledgebase and for raising new tickets at support.advocadoapp.com. Our support department monitor raised tickets during standard working hours and aim to respond within twenty-four (24) working hours to the Merchant.
4. On-Site Support
When an incident occurs which requires support, the Merchant shall contact the 1st level of support via the designated Customer Success Officer or the following:
email: support@advocado.me
phone: +65 6444 9556 (Business hours, Monday – Friday, 10am – 7pm, excluding PH)
We shall assist the Merchant to troubleshoot the problem over phone and/or email, determining the issue faced. If the issue cannot be resolved at this point, on-site support may be activated based on evaluation of problem.
Support plans and onsite support visits are as per indicated in the Merchant’s purchased package, specifically used for resolving incidents and issues with regards to Advocado Cloud Service in-store operations, hardware and software. On-site support cannot be used for adhoc services such as additional venue setups and additional trainings that are not indicated in the purchased package. If the onsite visits are not used within twelve (12) months, it cannot be brought forward to the next year. Additional onsite hours that are not included in the package are priced at S$500/2hrs/location, subject to availability of our support team.
5. Data Security
This section describes the main measures that Advocado takes to protect the Merchant’s information and End Customers’ personal data as well as contains important requirements for the Merchant to follow to further enhance data security.
6.1 Advocado Responsibilities
i. Advocado shall take commercially reasonable efforts to protect personal data in its possession or under its control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification or disposal, or similar risks and to prevent the loss of any storage medium or device on which personal data is store.
ii. All personal data is located on secure servers that require access authentication.
iii. The Service supports 128/256-bit encryption via SSL
iv. All sensitive personal data records are encrypted down to data-record level in its database storage platform.
v. All personal data is backed up to a secured form of backup. The Service performs full remote backups on a weekly basis and incremental backups daily.
vi. Nightly incremental backups are retained for two (2) weeks. Weekly backups are retained for three (3) weeks.
vii. Nightly and weekly backups are performed for disaster recovery purposes only.
viii. Advocado has appointed its Technical Director as the data protection officer for the organization.
ix. Advocado will review and update its data security measures periodically and at its own discretion.
x. Advocado will, as and when necessary, provide training to its personnel for the implementation of its data security plan.
xi. Advocado will carry out vulnerability assessment of its systems and processes as required under prevailing laws and in accordance to reasonable industry standards.
xii. Advocado shall take commercially reasonable efforts to comply with its obligations under the Personal Data Protection Act 2012 (No. 26 of 2012).
6.2 Merchant Responsibilities
The following customer requirements enhance data security:
i. Merchant must use discretion granting administrator/manager privileges.
ii. Users designated by the Merchant must not share their login identifier or password.
iii. We recommend that the users designated by the Merchant change their passwords at least every forty-five (45) days.
iv. The users designated by the Merchant are advised to use passwords that are eight (8) characters or longer that include a combination of upper and lower case with mixed alpha and numeric text.
v. Advocado shall not be responsible for any loss of data, disclosure of data, data breaches or damage incurred as a result of the Merchant’s or the Merchant’s users’ non-compliance with this clause and negligence or failure in securing the relevant passwords and accounts.
7. Data Protection
i. Both Advocado and the Merchant shall take commercially reasonable efforts to comply with its respective obligations under the Singapore Personal Data Protection Act 2012 and relevant prevailing laws, including the collection, use, access, correction, processing, storage, preservation, retention, disclosure, transfer and destruction of personal data (where applicable).
ii. Where Advocado or the Merchant has reason to believe that a data breach affecting personal data in its possession or under its control has occurred, it must conduct, in a reasonable and expeditious manner, an assessment of whether the data breach is a notifiable data breach, and notify the relevant parties as soon as practicable.
iii. More information on Advocado’s data protection plan and privacy statement can be found at https://advocadoapp.com/privacy-policy/.
8. Additional Features
i. Each package comes with free Short Message Service (“SMS”) monthly. These SMS are strictly used for transactional purposes for the smooth and effective operations of Advocado App. They shall not be used for marketing.
ii. Upon exhausting the free SMS allocated each month, every additional SMS is chargeable at S$0.10.
iii. All additional services to use SMSes and/or emails (and other communication means) to reach the End Customers for marketing or broadcast purposes are chargeable additionally and can be purchased within the Service.
9. Payment, Renewals & Refunds
i. The Merchant shall pay the Initial Setup Fees and goods & services tax (if any) to Advocado in full within seven (7) days of the date of receipt of the invoice.
ii. The Merchant shall pay the Cloud Fees and goods & services tax (if any) to Advocado in full within seven (7) days of the date of receipt of the invoice. This payment serves as the subscription fee for the provision of the Service throughout the Initial Subscription Period.
iii. The Cloud Fees, any other applicable fees and goods & services tax (if any) for existing outlet(s) at the prevailing time shall automatically be billed on the first day of the Extended Subscription Period. This payment serves as the subscription fee for the provision of the Service throughout the Extended Subscription Period.
iv. Any other payments due under this Agreement shall be paid in full within seven (7) days of the date of receipt of the invoice.
v. If any payment due under this Agreement remains unpaid for more than seven (7) days after it is due and payable, Advocado reserves the right to (a) charge late payment interest at the rate of 1% per month on the total amount outstanding,
(b) suspend the Service to one (1) or more of the Merchant’s outlets henceforth with written notice, or
(c) terminate this Agreement henceforth with written notice.
vi. Unless Advocado agrees otherwise in writing, all payments made are strictly non-refundable.
vii. Any credit note issued by Advocado shall first be used to offset any other payments due under this Agreement within one (1) year of the date of the credit note. If no other payments are due under this Agreement within one (1) year of the date of the credit note, the amount of credit shall be refunded to the Merchant by way of bank transfer or cheque.
10. Cancellation and Termination
i. The Merchant may terminate this Agreement by giving one (1) month’s written notice to Advocado. For the avoidance of doubt, there shall be no refund of any payments already made under this Agreement.
ii. Advocado may terminate this Agreement by giving one (1) month’s written notice to the Merchant. Advocado will issue a credit note to the Merchant in the amount of the Cloud Fees that had been paid and pro-rated to the number of months remaining for the said period.
iii. The Service will be terminated after the last day of any notice period served.
iv. Either party may immediately terminate the Agreement by giving written notice to the other party if:
(a) it or the other party becomes unable to pay its debts as they fall due;
(b) any action is commenced against it or the other party for liquidation, dissolution or bankruptcy;
(c) any trustee or receiver shall be appointed with respect to its or the other party’s assets; or
(d) any distress execution or attachment shall be levied upon or issued against any of its or the other party’s property or assets. For the avoidance of doubt, no termination fee shall be imposed and no refund shall be given in this circumstance.
12. Limitation of Liability
i. Advocado shall not be liable for the following to the extent permitted by the applicable law:
• Direct or indirect damages, including but not limited to damages for loss of data, loss of profits, business revenue, goodwill or any economic loss or other intangible losses resulting from the direct or indirect use of the Service.
• any loss or damage to the Customer caused by or arising from any act or omission of the Customer or any act caused as a result of force majeure or beyond Advocado’s control.
ii. Advocado’s total liability for any loss or damage suffered by the Merchant shall not exceed the aggregate of all charges paid by the Merchant for the Service supplied in the last two (2) calendar months.
