3.1. User Information. Customer agree to provide and maintain true, accurate, current and complete information about each User.
3.2. User Accounts. Customer are responsible for maintaining the confidentiality of each User's login credentials, including but not limited to username and password, and are fully responsible for any activity that occurs under each User account. Customer agrees to immediately notify Frappe of any unauthorized use of any User's account, or any other breach of security.
3.3. Timely Payments. Customer agrees to make all payments in a timely manner in accordance with the Section on "Payments and Refunds" below.
3.4 Third Party Liability. In the event that the Customer appoints a third party to assist in any services or provide assistance, the Customer shall bear all the responsibility and liability of the Third Party and Frappe shall not directly deal with the third party (if appointed by the Customer) unless the Customer gives the approval for the same. Subsequently, it is mandatory that the Customer shall be looped in all communications.
3.5. ERPNext Champion.
3.5.1.* Customer agrees to provide and maintain true, accurate, current and complete information of Customer's representative for all purposes related to this Agreement *("ERPNext Champion"), including the ERPNext Champion's name, phone number, and email address. Customer shall be responsible for notifying all changes to the identity and contact information of the ERPNext Champion to Frappe in a timely manner.
3.5.2. The ERPNext Champion shall have necessary authorizations to make decisions regarding access and permissions, and/or unrestricted access to personnel responsible for making timely decisions regarding access and permissions.
3.5.3. The ERPNext Champion must have appropriate knowledge and clearances when resolving service-related incidents or requests.
3.5.4. During Work Hours, the ERPNext Champion must be available, and must respond to Frappe in a timely manner.
3.5.5 For security reasons, queries related configuration of any Service or product may be made by ERPNext Champion only.
3.6 Authorized Users.
3.6.1 Customers may permit Authorized Users to use Services. Access credentials of Authorized Users may not be used by more than one individual at a time. Access credentials of Authorized Users may be transferred from one individual to another if the original Authorized User is no longer permitted to use the Service. Access credentials of Authorized Users shall not be transferred more than once per 30 days.
3.6.2. Issue reports and functional queries, except queries related to configuration, can be made by Authorized Users. In case of any dispute regarding classification as an issue report, functional query and query related to configuration, Frappe's decision shall be final and binding upon Frappe and Customer.
3.7 Administrative Access and Remote Access
3.7.1. Customer understands and agrees that in order to perform its roles, duties, responsibilities and obligations under this Agreement and Order Terms, Frappe and Frappe personnel may require access to the Server, including the ability to log into the Server and perform administrative actions on the Server.
3.7.2. In case of Frappe-Hosted Instances, Frappe shall ensure that Frappe has administrative access to the Server in order to perform its roles and obligations under this Agreement and applicable Order Terms.
3.7.3.* In case of Self-Hosted Instances, Customer expressly agrees to share data with Frappe and allow adequate access to processes under Customer's governance as may be needed by Frappe to perform its responsibilities under this Agreement, including but not limited to providing Frappe the ability to remotely log into the Server that Hosts Customer's Instance through the *use of Secure Shell ("SSH") with* administrative access (also known as *"root", "root user", "root access", "administrator", "administrative access", and "elevated privileges"). Customer is responsible for arranging all consents and approvals that may be necessary for Frappe to access any such data.
3.7.4* Customer understands and agrees that, in case of Self-Hosted Instances, Customer's refusal or failure to provide the ability for Frappe personnel to remotely log into the Server through SSH, and/or refusal or failure to provide administrative access for Frappe personnel on such Server, may result in Frappe being unable to fulfil its roles, obligations, duties, and functions, under this Agreement, applicable Order Forms, and applicable Order Terms. Customer shall be the sole responsible party for all consequences arising from its refusal or failure to comply with this Section on *"Administrative Access and Remote Access".
3.8 Legality of Your Use. Frappe provides tools and a platform for Your use. You shall be the sole responsible part to ensure that Your use of the Service(s) complies with all applicable laws, and third-party privacy and intellectual property rights. In case of Frappe-Hosted Instances: (i) Frappe may remove any information in violation of this clause at any time without prior notification and without assigning any reason; and (ii) Frappe has the right to terminate access or usage of the Users, and this Agreement, immediately and without prior notice for any violation of this clause. In particular, You agree to not use any Frappe-Hosted Instance or any Service to host, display, upload, modify, publish, transmit, update, or share any information that:
- Belongs to another person and to which You do not have any right;
- Is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
- Is harmful to minors;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- Impersonates another person;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;
- Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and/or
- Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file, text, information or data that is uploaded or otherwise provided by a User.
3.9. Misuse of Services. You must not misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Frappe. You must not attempt to gain unauthorized access to any Service or content or its related systems or networks. You must not attempt, permit or undertake direct or indirect access to or use of any Services or content in a way that circumvents a contractual usage limit, or use any Services to access or use any of Frappe's intellectual property except as permitted under this Agreement or the Documentation.
3.10 Abusive or Excessive Use. You must not take any action or otherwise engage in: (i) imposing an unreasonable or disproportionately large load on the Service or the infrastructure of the Service; and/or (ii) abusive or excessive usage of the Services or the infrastructure of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other customers.
3.11 Information Extraction. You shall not, without explicit prior written authorization from Frappe specifically permitting such an action, perform reverse look-up, trace or seek to trace any information on any other User or Customer of Website, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
3.12 Fraudulent or Unlawful Behaviour. You agree not to use the Service for fraudulent purposes, or in connection with criminal offense or other unlawful activity. Frappe reserves the right to undertake any civil or criminal action for breach of this clause.
3.13 Scanning for Vulnerabilities. We believe in the value of being open and transparent regarding the security of our Services. We value and appreciate Your help in improving Our security. Vulnerability reports submitted in the past by users such as You have helped Us improve security for everyone. Any and all vulnerability scans by You or any third-party on Your behalf must comply strictly with the policy on Reporting Security Vulnerabilities as provided in the Introduction above. In particular, You agree not to: (i) scan or probe the Website or any Service for any vulnerability or bug for any purpose other than the purposes provided in the policy on Reporting Security Vulnerabilities; and/or (ii) use any vulnerability or bug found by you for any purpose other than reporting such bug to Us for improving the security of the Website and Service(s).
3.14.1 Backups for Frappe-Hosted Instances.
220.127.116.11 Server Failure. In order to reduce the likelihood of data loss in case of Server failure, Frappe automatically and continuously replicates all databases, not including Your files, on Frappe-Hosted Instances to one or more backup Servers. Frappe aims to reduce the likelihood of any loss of data. However, these backups may be outdated by 30 minutes or more. Restoration of data from such a backup Server, or replacement of the previous Server with a backup Server, may result in a loss of data.
18.104.22.168. Automated Backups. Frappe automatically creates backups of databases of all Frappe-Hosted Instances at regular intervals. Frappe maintains off-site copies of such backups in order to reduce the likelihood of large-scale loss in case of a disaster. Frappe does not create, and shall not be responsible for the creation of, automated backups of files in Your Frappe-Hosted Instances. The intervals at which automated backups of databases are created and destroyed are provided in the Documentation and within Your account on the Website. Frappe shall not be responsible for any loss or damages caused as a result of failure to restore a backup before the expiry of such backup's retention period, as provided in the Documentation and Your account on the Website.
22.214.171.124 Manual Backups. You may, at any time, create manual backups of databases and files of Frappe-Hosted Instances. You may download and maintain offline copies of backups of databases and files to ensure their safety, security and integrity.
3.14.2 Backups for Customer-Hosted Instances. Unless agreed otherwise in Order Terms, Customer shall be the sole responsible party for ensuring that backups for Customer-Hosted Instances are configured correctly, and are safe and functional. You understand that recovery or restoration of Your data or application requires recoverable backups to be created prior to the occurrence of any incident. In the absence of availability of such a recoverable backup, Frappe cannot help You in restoring or recovering any data or information. Frappe shall not be liable for any damaged, corrupt or missing backup, or lack of backup.
3.15 Breaches of this Section. Customer shall be the sole responsible party for all consequences arising from breach of this Section on "Customer's Responsibilities" by Customer, including but not limited to losses or damages of any kind faced by Customer. Frappe shall not be liable for any breach of Frappe's roles, responsibilities and obligations under this Agreement caused as a result of breach of this Section on "Customer's Responsibilities", such as by an inability to fulfil its obligations due to non-compliance of this Section by Customer or its Users.
3.16 Breaches of this Agreement. Customer shall be the sole responsible party for breaches of the Agreement caused by Customer, its employees, agents, contractors, Authorized Users and/or ERPNext Champion, or any other party authorized by Customer, acting through Customer or acting on behalf of Customer.
3.17 Legal Action by Frappe. Without prejudice to any other right or remedy under this Agreement or any Order Terms, Frappe reserves the right to suspend any Service, terminate any account or this Agreement, and/or initiate any civil and/or criminal action for breach of this Section on Customer Responsibilities.