Partner Agreement
Effective Date: Dec 18, 2018
1. Introduction We are very excited have you setup as a Hospo CRM Partner (“Partner” or “Partner’s” or "Agent" or "Agent's" or “Agencies” or “Promotional Specialist” or “You”). The following terms and conditions, privacy policy, are legally binding between Synergy Technology Engineering Limited, trading as Hospo CRM, (“Hopso CRM” or “Company”) and You. Before you take the final step to joining, please carefully review this terms. If you agree to comply with the policies and procedures in this agreement (the “Terms & Conditions”), please indicate your agreement by agreeing below. If you have any questions about any of the terms in this document, please contact Hospo CRM on support@hospocrm.com.
2. Legal Compliance All Partner’s shall comply with all laws and regulations concerning the operations of their businesses. You are responsible for your own managerial decisions and expenditures, including estimating income taxes and self-employment taxes. We recommend that you keep track of all your business expenses and speak with your accountant about how your business expenses might affect your income tax return.
3. General Policies & Procedures You become a Hospo CRM Partner when your completed Agreement has been received and accepted by Hospo CRM. To become an Hospo CRM Partner you must be 18 years or older. In order to sign up with Hospo CRM, you must visit our website (https://hospocrm.com) and submit the online form, which includes the electronic acceptance of the terms and your initial Partner fee. As soon as the Company approves the Agreement and has received your payment, you are ready to get started!
4. Territory Restrictions No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. Nor is any franchise fee due.
5. Training Materials Partner’s may not produce, distribute or sell DVDs, videotapes, audiotapes and other training materials bearing the Hospo CRM brand and name. If you have suggestions for training materials, please submit your ideas to Hospo CRM by e-mailing support@hospocrm.com.
6. Official Website You acknowledge and agree that, in regard to the Company website at; https://hospocrm.com are the only authorised websites in relation to the offering, promotion and sale of the Company products and that the domain name and all intellectual property rights in relation to the websites are owned by the Company.
7. Consultant Website & Credentials The Hospo CRM website has a secure section for the use of Partner’s only. Hospo CRM will supply you unique login credentials so you can access the site. You agree to keep your login credentials confidential, and NOT disclose it to any other party. Wrongful disclosure of your login credentials that may lead to the unauthorised access to any service, system, or intellectual property of the Company protected by your credentials is seen as severe breach of your Partner Agreement which will result in immediate termination of your Partner Agreement. You further understand and agree that wrongful disclosure of such credentials to any party may lead to malicious damage to the operational systems, intellectual property, and Company’s assets, causing immediate and irreparable damage to the Company and that the Company may pursue all legal remedies available against you if you violate this provision. This provision will survive the termination of your Partner Agreement.
8. Website Downtime You acknowledge that the Hospo CRM website, apps, and other operational systems may be subject to temporary shutdowns from time to time for maintenance and/or due to causes beyond the operating party's reasonable control, and that neither party shall have any liability to the other by reason of any such shutdowns.
9. Confidentiality All lists of customers, your personal team, or other Partner’s are confidential property and constitute a business trade secret. You agree that any wrongful disclosure of the lists or the information on the lists will cause immediate and irreparable damage to the Company and that the Company may pursue all legal remedies available against you if you violate this provision. This provision will survive the termination of your Consultant Agreement.
10. Use of Confidential Information As a Partner you may be given access to certain information including names, email addresses, addresses, phone numbers, etc. All of this information is confidential and should not be used for any purpose other than Hospo CRM business. You are restricted from using this information to send invitations to or information in any form. If you misuse this information, your Partner Agreement may be terminated and/or your access to such information may be removed.
11. Protection of Personal Information
You understand and agree that certain personal information relating to you and your business will be collected, used and retained by Hospo CRM in accordance with the Company’s Privacy Policy (https://hospocrm.com/privacy), as amended from time to time, and you hereby consent to same. You agree to;
a. Keep confidential sensitive information regarding all customers, organisers and any Venues you support.
b. Comply with the Privacy Act in respect of personal information collected, stored, used or disclosed in connection with your business operations and activities as an Independent Partner.
c. Warrant that you have made all the necessary disclosures and obtained all consents required.
Hospo CRM reserves the right to amend or revise the terms of its Privacy Policy, and you will be requested to re-consent to any amendments reasonably made.
12. Termination
1) This agreement may be terminated by either party by giving two week’s notice in writing.
2) In the event of cancellation, termination, or nonrenewal, for any reason, you understand that you will permanently lose all rights as a Partner. You shall not be eligible to sell Hospo CRM’s products or services.
3) You understand that if you fail to comply with the terms of the Agreements, Hospo CRM may, at its discretion, suspend or terminate this Partner Agreement, or take other actions as set forth in the Policies and Procedures.
4) Hospo CRM may terminate this agreement immediately if you;
a) Commit any serious breach of your obligations under this agreement; or
b) Repeat or continue, after having been warned, any breach of the obligations under this agreement; or
c) Are guilty of any act or omission which causes or is likely to cause damage to the business or reputation of Hospo CRM.
13. Refund Policy
1) Hospo CRM Partner Program, Side Hustle, Agency Starter and Agency refunds are permitted within 14 days of payment, and must meet the following conditions;
a) Have completed the 3 demo venue setups as per the training
b) Completed the setup of agency social media profiles
c) Not assigned any venue licences
d) Not run any promotions on a non demo venue.
e) To have taken action in this program and attempted the work and attended all live trainings and coachings.
f) Not received the free Facebook advertising bonus.
e) Submission of sufficient evidence of all of the above.
2) Venue Licenses are non refundable.
3) Renewals of licences and partner agreements are non refundable.
4) Template purchases are non refundable.
5) Stock Element purchases are non refundable.
14. Term and Non Assignment
1) The term of this Consultant Agreement is one (1) year and shall automatically renew for additional one-year periods (provided the Partner is in good standing under this Agreement, the Hospo CRM Policies and Procedures, and is current on all amounts owing Hospo CRM) unless and until either the Consultant or Hospo CRM elects not to renew this Partner Agreement by providing written notice to the other.
2) You are at least 18 years old, and have carefully read, understood, and agree to the Hospo CRM Partner Terms & Conditions, as amended from time to time. The Privacy Policy are incorporated into this Agreement by reference.
3) That you may not assign or transfer this Partner Agreement, without the express written consent of Hospo CRM and any attempt to do so in violation of this agreement will be void and shall have no effect.
4) This Agreements constitute the entire agreement between Hospo CRM and you. Any promises, representations, warranties, offers, or other communications that are not written in the Agreements are not valid or binding upon Hospo CRM or you and are of no force or effect.
15. Jurisdiction The courts of New Zealand will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement
16. Arbitration All disputes which may arise between the parties in respect of this agreement are to be submitted to arbitration in New Zealand in accordance with the Arbitration Act 1996
17. Limitation of Damages Hospo CRM, its directors, officers, shareholders, employees, assigns, and agents (collectively referred to as "affiliates"), shall not be held liable to the Partner for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement, even if Hospo CRM has been advised of the possibility of such damages. You further agree to release Hospo CRM and its affiliates from all liability arising from or relating to the promotion or operation of your Hospo CRM business and any activities related to it (e.g., the presentation of Hospo CRM products and services, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Hospo CRM and its affiliates for any liability, damages, fines, penalties, or other awards arising from any unauthorised conduct that you undertake in operating your business. Hospo CRM aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the Partner fee payable to Hospo CRM under this agreement.
18. Indemnification/Offset As a Partner, you indemnify and hold harmless Hospo CRM and its owners, employees, agents and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees) incident to your: (a) activities as an Partner including, without limitation, any unauthorised representations made by you; (b) breach of the terms of the Partner agreement; or (c) violation of or failure to comply with any applicable laws or regulations.
19. Amendments Hospo CRM reserves the right to amend 1) Partner Agreement, 2) the Policies & Procedures, 3) its prices, 4) product and service availability at any time without prior notice as it deems appropriate. Amendments will be communicated to Partner’s through official Hospo CRM publications, websites, or voice or e-mail. Amendments are effective and binding on all Partner’s as of the date of issuance. In the event of any conflict between the original documents and policies and any such amendment, the amendment will control.
20. Company Address and Contact Information
Synergy Technology Engineering Limited TA Hospo CRM
PO Box 31-248
Christchurch 4888
Email: support@hospocrm.com
Tel: +6439636363
Privacy Policy
Effective Date: December 20, 2018
At Hospo CRM, we respect your privacy, and we understand the importance of the information you entrust to us. This Privacy Policy describes our practices concerning the information we collect from you when you use our service via this Website or any Hospo CRM mobile application.
This policy describes the types of information we collect when you use our service as it is described on this Website, how we use and protect that information, how long we retain it, and with whom we share it. It also explains what your rights and options are as they pertain to that information. By visiting this website or using our Service, you consent to our collection and use of your information as described in this Privacy Policy.
This policy is incorporated into and made a part of our Terms of Service .
1. GDPR Compliance Statement: Pursuant to the terms of the EU General Data Protection Regulation (“GDPR”) and is the “Data Controller” with respect to all of the information collected from visitors to our Website and users of our Service. To ensure compliance with the GDPR, we have incorporated the following practices and procedures:
(a) We verify that the third parties with which we share User information are GDPR compliant;
(b) We ensure that data is stored in a manner that facilitates our ability to locate and delete information pertaining to a specific user upon request;
(c) We perform security audits and retain outside consultants to help us ensure that we have employed sufficient measures to protect User information.
(d) Users must affirmatively agree to our Terms of Service and Privacy Policy before they can establish an account;
(e) The manner in which we use the information we collect are limited to those discussed in this Privacy Policy;
(f) If we modify any of the terms of this policy, we inform all of our Users via email and specifically ask EU Users to agree to the modified terms via e-mail or the Hospo CRM dashboard; and
(g) We have appointed an internal Data Protection Officer who is responsible for overseeing our privacy and data protection procedures and will serve as the individual point of contact for information access and deletion requests.
2. Definitions. Unless otherwise defined in our Terms of Service , certain capitalized terms used in this Privacy Policy shall carry the following meanings:
(a) Partner User: A Hospo CRM user that has the ability to create promotions and act on behalf of their Venue Clients
(b) Venue: A business either directly using the Hospo CRM software to manage customer relationships, or indirectly through services provided by an Partner User.
(c) Customer: A visitor to a Venue that submits their personal details to the Venue when registering for promotions, or event.
(d) Users: Either Partner, Venue, or Customer users of the Hospo CRM software.
(e) Viewer: Anyone on the Internet who views a Venue site or promotion.
3. Information We Collect. We collect two basic types of information from our Users:
(a) Personal Data:
(i) What is Personal Data? Personal Data is information that pertains to you specifically, and can help identify you as a person. In some cases, we may ask (or require) you to provide us with some elements of Personal Data (such as your email address and password) when you establish your account. In other cases, you may provide certain types of Personal Data to us (and other users) when you use the Service.
(ii) When and How do we collect it? We collect Personal Data from Users when they establish and use their Hospo CRM account. We do not collect Personal Data from Viewers.
Establishing an Account: When you establish an account you must provide us with an email address and a password. If you sign up for a paid account, you must also provide your name and payment information (i.e., credit card). We do not, however, store or “see” payment information, as it is passed directly to the applicable payment processing company listed in Section 4(a) of this policy.
Using the Service: In the case where you are a User, you may also disclose Personal Data to us (and others) in the content of your notes and other records.
When you (the User) logs on to your Hospo CRM account, we will record your IP address and/or unique mobile device identifier and may tie it to your specific account. Under ordinary circumstances, an IP address recorded in isolation is not Personal Data under the standard definition of the term. However, it may become Personal Data when it is combined with other information.
(iii) How do we use Personal Data? We do not use Personal Data for marketing or advertising purposes, nor do we share it with third parties for that purpose. We use your email and password to enable you to create and log in to your Hospo CRM account, and use the Service. We also use your email address to send you account related notices and other information that we believe may be of interest to our Users. We use your IP address to identify your location in order to provide you with notices and other information that may be required by your local regulatory authority.
(iv) Where is Personal Data Stored? All Personal Data collected from Users outside and within the United States will be transferred to and stored on servers located in the State of California, USA.
(b) General Information: General Information consists of information that is anonymous in nature and does not identify you as an individual. This includes your computer IP address, unique mobile device identifier, browser type, ISP or carrier name, and the URL of the last webpage you visited before visiting our website. This information gives us insights on how our users use our site and our other products. We collect this information by using “cookies”, which are small bits of computer code that are transferred to your computer’s hard drive via a web browser, which enable us to record the general information described above. We use this information to ensure that our service continues to appeal to our users.
(i) How do we use General Information? General Information gives us insights on how people use the Service, and helps us to maintain, modify, and enhance it. We use cookies to help us customize your experience when using the Service. For example: (1) we use “session information” cookies to keep you logged in when using the Service; (2) we use “preferred settings” cookies allow you to retain preferences; and (3) we use “referral user” cookies to enable us to track how a User found our Service, (e.g. whether by referral link, through another feed, or through a reseller). We also use services provided by MaxCDN / StackPath, Google Analytics, and Facbook, which set cookies for each User when they visit our site or use our Service. None of these cookies collect Personal Data.
(ii) Where is General Information Stored? All General Information collected from Users outside and within the United States will be transferred to and stored on servers located in the State of California, USA.
4. How We Share information. We will not share Personal Data with third parties for marketing purposes without your consent. We will share Personal Data with certain third parties in the following ways:
(a) Service Providers: We utilize the following third-party service providers to perform certain functions on our behalf, and must share certain information (including Personal Data) with them in order for them to do so. However, the information that is shared is limited to that which is necessary to perform their specific functions:
(i) Stripe processes credit card payments on our behalf (click here to view their privacy policy);
(ii) SparkPost provides us with email distribution services (click here to view their privacy policy);
(iii) Drip provides us with email distribution services (click here to view their privacy policy);
(iv) Google Analytics provides us with website analytics services (click here to view their privacy policy).
(v) MaxCDN / StackPath is a defended delivery network that balances the website load and provides security (click here to view their privacy policy).
(b) Law Enforcement: If requested or required by law enforcement authorities, courts, or regulators, we may disclose any information we have about our users. We also may disclose your Personal Data to exercise or protect legal rights or defend against legal claims.
(c) Bulk Asset Transfers: In some cases, we may choose to buy or sell assets. In these business transfers, customer information, including Personal Data, is typically one of the business assets that are transferred. Moreover, if all or substantially all of our business assets were acquired, or in the unlikely event that we go out of business or enter into bankruptcy, customer information (including your Personal Data), would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any assets may continue to be used according to your Personal Data as set forth in this policy.
(d) Other Third Parties: We may reserve and have the right to disclose any information about you or your use of our Service without your prior permission, if we in good faith believe that such action is necessary to protect and defend the rights, property or safety of our company or its affiliates, other Users of the Service or the public.
5. How We Protect Information. We take the security of all the information we collect from and about our Users seriously and use appropriate technical and organizational measures to protect it against unauthorized or unlawful access and against accidental loss, destruction or damage. We also limit access to User information to employees who reasonably need access to it in order to do their jobs. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we may have collected from or about you. In addition, we have no control over the security of other web sites that you might visit even when a link may appear to those web sites site from our Site. If you share your computer or use a computer that is accessed by the general public, remember to log off and close your browser window when you have finished your session.
6. How Long We Keep Information. We retain Personal Data and General Information for as long as necessary to fulfill a business purpose or comply with a legal request. We may also choose to anonymize certain elements of the information you provide to us so that it can no longer be attributed to you if we would like to retain it for longer periods of time. You may also request that we delete your information in the manner described in Section 6.
7. Your Options and Rights. We currently offer Users the following options with respect to the manner in which we collect, use, and maintain information, or to otherwise exercise their rights under applicable privacy statutes:
(a) All Users: You may request that we stop sending you non-account related emails by clicking the “unsubscribe” link that is included at the bottom of non-account related emails. You may also request that we delete the information we collected from and about you by contacting our Data Protection Officer.
(b) EU Citizens: If you are an EU citizen, you may request that we provide you with (or delete) all the information we collected from and about you, or otherwise exercise your rights under the GDPR by contacting our Data Protection Officer. Data reporting and deletion requests will be processed free of charge within thirty (30) days.
(c) California Residents: Under the California Online Privacy Protection Act (“CalOPPA”), if you are a California Resident you may request information regarding the types of Personal Data we share with third parties for direct marketing purposes, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. You may request further information about our compliance with CalOPPA by contacting our Data Protection Officer. Please note that under CalOPPA, we are only required to respond to one request per User each year, and we are not required to respond to requests made by means other than through requests submitted to our Data Protection Officer.
8. Tracking Technology and Do-Not-Track Requests. We do not currently employ any technology that enables us to track your online activities over time and across third-party web sites, nor do we plan on doing so in the future. Keep in mind, however, that we have no control over the activities of third parties, and they may employ such technology that tracks your activity on this site. Because we do not employ tracking technology, we offer no response to Do-Not-Track requests transmitted by Web browsers.
9. Children under 13. Our Service is not intended for users under the age of 13, and we do not knowingly collect any personal information from children under 13. If we become aware that a person submitting information is under 13, we will attempt to delete the information as soon as possible. According to our Terms of Service , all users represent that they are at least 13.
10. Modifications to this Privacy Policy. We reserve the right to amend, alter, or otherwise change this Privacy Policy at our sole and absolute discretion. If we modify this Privacy Policy, we will notify all Users via email, and may specifically ask you to agree to the modified terms in order to continue using the Service. Otherwise, further use of the Service following any such change constitutes your agreement to follow and be bound by the modified Privacy Policy.
11. Questions. If you ever have any questions about this policy or the Personal Data and General Information we have collected please contact our Data Protection Officer. We respect your rights and privacy, and will be happy to answer any questions or concerns you might have.
Synergy Technology Engineering Limited t/a Hospo CRM
236A Grahams Rd, Christchurch, New Zealand
Data Protection Officer Contact: support@hospocrm.com