Legal

Client Terms of Service
Client Terms of Service is a contract that governs our Clients’ use of our services. It consists of the following documents:
General Terms: These contain the core legal and commercial terms that apply to your use of our products and services.
Product Specific Terms: These include any additional terms that apply to your use of each of our service or product offerings, our consulting and other services, and third-party services.
Acceptable Use Policy: This is the rulebook setting out what you can and can’t do while using our products and services.
By using the Subscription Service or receiving the Specific Products, you are agreeing to these terms.
We update these terms from time to time. If you have an active Esevel subscription, we will let you know when we update the terms via in-app notification or by email
GENERAL TERMS
1. DEFINITIONS
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agreement” or “Client Terms of Service” means these General Terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, we link to knowledge base articles to help facilitate your use of our products and services and manage your Esevel Account; however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement.
“Authorized Payment Method” means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.
“Billing Period” means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party“) to the other party (“Receiving Party“) , whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party’s Clients and potential Clients, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or
(iv) was independently developed by the Receiving Party.
“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
“Order” or “Order Form” means the Esevel-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Specific Products.
“Product and Services Catalog” means our Product and Services Catalog available at https://esevel.com, as updated by us from time-to-time.
“Product Specific Terms” means the additional related terms that apply to your use of Esevel products, our Specific Products and third-party products. These terms form part of the Agreement.
“Specific Products” means the professional services or software products provided to you by us, which may include laptop set up, retrieval, redeployment, IT helpdesk, repair service and more.
“Subscription Fee” means the amount you pay for the Subscription Service.
“Subscription Service” means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://esevel.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.
“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Esevel apps available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-Esevel services.
“Third-Party Sites” means third-party websites linked to from within the Subscription Service, including Communications Services.
“User Data” means all information that you submit or collect via the Subscription Service, which may include information regarding your employees and/or users of the Subscription Service.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
“Esevel”, “we”, “us” or “our” means Esevel Pte Ltd (UEN 202011247Z) a company incorporated under the laws of Singapore with its registered office at #05-16, 101 Upper Cross Street, Singapore 058357, as well as Esevel’s partners and affiliates.
“You”, “your” or “Client” means the person or entity using the Subscription Service or receiving the Specific Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the Client and your Affiliates included in the scope of your purchase.
2. USE OF SERVICES
2.1 Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. We may provide some or all elements of the Subscription Service through third party service providers. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement.
2.2 Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your Esevel account (if this option is made available by us). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your Esevel account.
2.3 Limits. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog or designated from within the product itself. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms.
2.4 Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. For further information on our modification rights that apply to your subscription, please refer to the Product Specific Terms.
2.5 Client Support. For information on the Client support terms that apply to your subscription, please refer to the Product Specific Terms.
2.6 Acceptable Use. You will comply with our acceptable use policy at Esevel Acceptable Use Policy (“AUP”).
2.7 Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates the terms of the AUP or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service. You will notify us promptly of any unauthorized use of your Users’ identifications and passwords or your account by immediately contact us at support[at]esevel.com.
2.8 Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well.
2.9 Legacy Products. If you have a legacy Esevel product, some of the features and limits that apply to that product may be different than those that appear in these General Terms, Product Specific Terms and/or the Product and Services Catalog. If you have legacy Esevel products, we may choose to move you to our then-current products at any time. If you determine that you are using a legacy product and would like to upgrade to a current-version, you must execute a new Order.
3. FEES
3.1 Subscription Fees. The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you subscribe to additional device tiers (ii) you purchase or upgrade products or base packages, (iii) you subscribe to additional features or products (iv) otherwise agreed to in your Order. You can find information about how your fees may be adjusted in Product Specific Terms.
3.2 Fee Adjustments at Renewal. Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term by giving at least thirty (30) days written notice to support[at]esevel.com
3.3 Payment of Fees. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
3.4 Payment against invoice. If you are paying by invoice, we will invoice you no more than thirty (30) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within seven (7) days from the date of the invoice, unless otherwise specified in the Order Form.
3.5 Payment Information. You will keep your Authorized Payment Method, contact information, billing information up to date for the payment of incurred and recurring fees, as applicable. Changes may be made on your Billing page within your Esevel account. You authorize us to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
3.6 Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and other services that may be rendered by us. If you are subject to GST, all fees are exclusive of GST.
3.7 Withholding tax. You shall make all payments under the Agreement without withholding or deduction of, or in respect of, any tax unless required by law. If any such withholding or deduction is required, you shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that it would have received if no such withholding or deduction had been required.
3.8 Late payment interest. In the event the you do not pay an undisputed Charge in accordance with the payment terms, we shall be entitled to:
charge interest on such overdue amount from the due date for payment until the date of actual payment at the rate of 1.5% above the prime lending rate in Singapore from time to time; and upon 30 days’ prior written notice setting out the overdue Charge and indicating our intention to exercise its rights under this clause, suspend provision of the Subscription Service. Upon payment of all overdue Charges, we shall promptly recommence provision of the Subscription Service.
4. TERM AND TERMINATION
4.1 Term and Renewal. Your initial subscription term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription term, or one year.
4.2 Notice of Non-Renewal. Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. If you decide not to renew, you may send this non-renewal notice to us by an email with at least thirty (30) days notice at support[at]esevel.com.
4.3 Early Cancellation. If you are on a monthly subscription, you may choose to cancel your subscription at any time after the 6th month, provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term. See the ‘Notice of Non-Renewal’ section for information on how to cancel your subscription. For avoidance of doubt, the full subscription amount is payable once the month has started.
4.4 Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our Clients. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
4.5 Suspension
4.5.1 Suspension for Prohibited Acts
We may suspend any User’s access to any or all Subscription Services without notice for use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement.
4.5.2 Suspension for Non-Payment
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services fourteen (14) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
4.5.3 Suspension for Present Harm
If your website, or use of, the Subscription Service:
(i) is creating a security vulnerability for the Subscription Service or others,
(ii) is consuming excessive bandwidth or storage, or
(iii) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service.
We will make commercially reasonable efforts to limit the suspension to the affected portion of the Subscription Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our Clients.
4.5.4 Suspension and Termination of Free Services
We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
4.6 Effect of Termination or Expiration. If your paid subscription is terminated or expires, we may, at our sole discretion, continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause. You will continue to be subject to this Agreement for as long as you have access to an Esevel account. Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. For the avoidance of doubt, this refund does not include any fees owed from your use of Esevel Payments. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
5. USER DATA
5.1 Client’s Proprietary Rights. You own and retain all rights to the User Data. This Agreement does not grant us any ownership rights to User Data. You grant permission to us and our licensors to use the User Data only as necessary to provide the Subscription Service and Specific Services to you and as otherwise permitted by this Agreement.
5.2 Limits on Esevel. We will not use User Data to contact any individual or company except as you direct or otherwise permit. We will use User Data only in order to provide the Subscription Service and Specific Services to you and only as permitted by applicable law and this Agreement.
5.3 Data Practices and Machine Learning
5.3.1 Usage Data. We may collect information about you and your Users when you interact with the Subscription Service as permitted by the Agreement.
5.3.2 Machine Learning. We may, as permitted by this Agreement, use User Data in an anonymized manner for machine learning to support certain product features and functionality within the Subscription Service.
5.3.3 Privacy Policy. For more information on these practices, please see our Privacy Policy.
6. INTELLECTUAL PROPERTY
6.1 This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. We retain all intellectual property rights to the Subscription Service, the Specific Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Subscription Service, or the Specific Services in whole or in part, by any means, except as expressly authorized in writing by us. You may not use any of our trademarks without our prior written permission.
6.2 We encourage all Clients to comment on the Subscription Service or Specific Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Specific Services, without payment or attribution to you.
7. CONFIDENTIALITY
7.1 The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Specific Services), and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
7.2 The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) the Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the Disclosing Party refuses to provide their consent or fails to respond to the Receiving Party’s inquiries in connection with the request to disclose the Confidential Information.
8. PUBLICITY
You grant us the right to add your name and company logo to our Client list and website. You can opt-out of this use by emailing us at support[at]esevel.com.
9. INDEMNIFICATION
You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of
(a) unauthorized or illegal use of the Subscription Service by you or your Affiliates,
(b) your or your Affiliates’ noncompliance with or breach of this Agreement,
(c) your or your Affiliates’ use of Third-Party Products, or
(d) the unauthorized use of the Subscription Service by any other person using your User information.
We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
10. DISCLAIMERS; LIMITATION OF LIABILITY
10.1 Performance Warranty. We warrant that: (i) the Subscription Service and Specific Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services.
In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the “Remedy Period”), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period. If you terminate the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement.
We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.
THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.
10.2 Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE ‘PROTECTION OF CLIENT DATA’ SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE OR THE SPECIFIC SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE AND SPECIFIC SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE SPECIFIC SERVICES INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10.3 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY; PROVIDED THAT, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.
10.4 Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.
10.5 Third Party Products. WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
10.6 Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.
11. MISCELLANEOUS
11.1 Amendment; No Waiver. We may modify any part or all of the Agreement by posting a revised version at our website. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification. If you would like to receive an email notification when we update the Agreement, complete the form found at
If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the current terms posted at the website will apply. However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
11.2 Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
11.3 Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
11.6 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
11.7 Notices. To Esevel: Notice will be sent to the contact address herein: 101 Upper Cross Street #05-16 Singapore 05835.
To you: your address as provided in our Esevel Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.
11.8 Entire Agreement. This Agreement (including each Order), along with our Privacy Policy at on our website is the entire agreement between us for the Subscription Service and Specific Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service.
11.8 Entire Agreement. This Agreement (including each Order), along with our Privacy Policy at on our website is the entire agreement between us for the Subscription Service and Specific Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service.
11.9 Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of ours. We may assign this Agreement to any Esevel affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
11.10 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
11.12 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.
11.15 Survival. The following sections will survive the expiration or termination of this Agreement: ‘Definitions’, ‘Fees’, ‘Prohibited and Unauthorized Use’, ‘Early Cancellation’, ‘Termination for Cause’, ‘Suspension for Prohibited Acts’, ‘Suspension for Non-Payment’, ‘Suspension for Present Harm’, ‘Suspension and Termination of Free Services’, ‘Effect of Termination or Expiration’, ‘Intellectual Property’, ‘Client’s Proprietary Rights’, ‘Confidentiality’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Miscellaneous’ and ‘Contracting Entity and Applicable Law’.
11.16 Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of the Order will control, but only as to that Order.
Information Security Policy - Public
The security of information and information assets is regarded as fundamental for the successful business operation of Esevel Pte. Ltd. as an IT management provider.
Dedicated to guaranteeing the confidentiality, integrity, and availability of information, Esevel Pte. Ltd. has implemented an Information Security Management System (ISMS) that includes various information security policies, procedures, and a thorough framework for risk management to efficiently safeguard the organization and its stakeholder’s information against security risks, whether intentional or unintentional, internal or external.
The management of Esevel Pte. Ltd. is committed to ensure that:
  • Sufficient resources are allotted for the establishment, management, and assessment of an efficient information security management system.
  • Employee awareness of information security is raised through appropriate initiatives and regular training.
  • Information security-related contractual, legal, and regulatory requirements are fulfilled and regularly reviewed.
  • Measurable and time bounded objectives are established, monitored, reviewed, and acted upon
We are committed to regularly reviewing and updating our ISMS policy to ensure its ongoing suitability, adequacy, and effectiveness. Our Information Security Policy is communicated to all employees, contractors, and third-party partners who have access to our information assets using appropriate methods.
Product Specific Terms
PART A | LAST MILE IT SERVICES
1. OVERVIEW
1.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
1.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer procures Last Mile IT Services.
1.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms.
2. ACKNOWLEDGEMENTS
2.1. The Customer acknowledges and agrees that in connection with Device Provisioning:
  • 2.1.1. the Supplier may install certain Third Party software onto the Deliverables behalf of the Customer; and
  • 2.1.2. the Supplier is not responsible or liable for any such Third Party software, or any failure of such software to meet the Customer’s expectations.
2.2. The Customer acknowledges and agrees that in connection with Offboarding:
  • 2.2.1. the Supplier shall use Third Party software to wipe data and run diagnostics checks on the Deliverable; and
  • 2.2.2. the Supplier shall erase all/most data installed or saved to the Deliverable, and the Supplier shall not be liable for any loss of data or damage to files that may occur as a result.
2.3. The Customer acknowledges and agrees that in connection to Storage:
  • 2.3.1. the Supplier shall, upon the Customer’s written request, provide the Customer with address and pictures of the Storage Facility for their information;
  • 2.3.2. the Customer is not permitted to visit the Storage Facility, including to deliver or pick up any Deliverables; and
  • 2.3.3. the Customer represent and warrants to the Supplier that its use of the Stored Devices will not result in the violation of any Applicable Laws.
2.4. The Customer acknowledges and agrees that in connection with any Hardware (Loaner):
  • 2.4.1. the Supplier shall entirely wipe each Hardware (Loaner) after each use and anything installed or saved to the Hardware (Loaner) will be erased;
  • 2.4.2. the Supplier is not liable for:
    • any loss of data or damage of files that may occur with the use of any Hardware (Loaner);
    • any damage or loss of data caused by any viruses that may exist on the Hardware (Loaner) or are spread through the network or from software malfunctions; and
    • any damage to external drives or other devices plugged into any Hardware (Loaner).
  • 2.4.3. if, after the Supplier’s inspection, the Supplier reasonably determines that any Hardware (Loaner) was damaged, and/or that accessories or peripherals which were issued with the any Hardware (Loaner) were not returned, the Customer will be charged replacement costs on a “replace as new” basis.
3. CUSTOMER RESPONSIBILITIES
3.1. The Customer acknowledges and agrees that in relation to any Device Provisioning, the Customer must ensure that, and must procure that its Personnel ensure that:
  • 3.1.1. it has all necessary Approvals, including all applicable software licenses, for the Device Provisioning;
  • 3.1.2. the Supplier is added to the Customer’s account / has access to any Third Party software that the Customer instructs the Supplier to purchase or utilize on the Customer’s behalf;
  • 3.1.3. the Supplier is authorised to procure and utilise any applicable Third Party software on the Customer’s behalf; and
  • 3.1.4. whilst the Supplier is performing the Device Provisioning, its Personnel are not able to access any of the Customer’s Confidential Information.
3.2. The Customer acknowledges and agrees that in relation to any Hardware (Loaner), the Customer must ensure that, and must procure that its Personnel ensure that:
  • 3.2.1. all reasonable precautions are taken to care for and maintain the Hardware (Loaner);
  • 3.2.2. no Person tampers, disassembles or interferes with the Hardware (Loaner);
  • 3.2.3. the Supplier is immediately notified if any Hardware (Loaner) is lost, damaged or stolen;
  • 3.2.4. that a police report is immediately filed if any Hardware (Loaner) is lost, damaged or stolen;
  • 3.2.5. that all Hardware (Loaner) are returned to the Supplier in a timely manner, when the loan duration ends; and
  • 3.2.6. that all Hardware (Loaner) are returned to the Supplier in the same condition as when the Customer first received it from the Supplier.
4. SERVICE LEVELS
4.1. The Supplier shall retrieve a specified Deliverable from the Storage Facility for the Customer within 3 Business Days of receipt of the Customer’s written request
4.2. The following service levels shall apply to this service:
Severity Description Ticket Response Ticket Resolution
1. Severe Business Impact
Description:
  • Total loss of an application(s) or site.
  • Total loss of production service(s) to any part of the customer business that does not have a workaround.
  • Total loss of service of a customer contract defined critical system, network or key application.
  • An outage that does not have a workaround and impacts one or more service level commitments, revenue, or delivery schedules as validated through the account team is considered a total loss of production service(s) to the customer's business.
  • Priority tagging is High
Ticket Response:
1 hr
Ticket Resolution:
8 hrs
2. Major Business Impact
Description:
  • Major loss of an application
  • Major loss of production service(s) to any part of the customer business that does have a workaround.
  • Major loss of service of a customer contract defined critical system, network, key application with partial customer impact.
  • Priority tagging is Urgent
 Ticket Response:2 hrs Ticket Resolution:24 hrs
3. Minor Business Impact
Description:
  • Minor loss of an application(s) that may degrade the service but does not prevent delivery of service to the customer.
  • Minor loss of production service(s) to any part of the customer business that may degrade service but does not prevent delivery of service to the customer.
  • Potential exposure to the ability to deliver service or scattered customers affected but does not prevent the delivery of service to the customer(s).
  • Scattered customers affected
  • Priority tagging is Medium
Ticket Response:
3 hrs
Ticket Resolution:
3 business days
4. Low Business Impact
Description:
  • Individual request or incident that does not impact the business.
  • Low risk and impact
  • Frequently occurring mostly simple questions or problems. (How to’s or Procedural questions)
  • Customer needs information
  • Installation, removal, and modification requests and configurations in workstations. (Hardware and software)
  • Priority tagging is Low
Ticket Response:
4 hrs
Ticket Resolution:
9 business days
4.3. The service is available 9am-6pm Monday to Friday (GMT +8), excluding Singapore public holidays
PART B | HARDWARE SUPPORT SERVICES
1. OVERVIEW
1.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
1.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer procures Last Mile IT Services.
1.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms.
2. REPAIRS VS MANUFACTURER’S WARRANTIES
2.1. The Customer acknowledges and agrees that if the Service Centre determines that a repair is required:
  • 2.1.1. if such repair is covered by the Manufacturer’s Warranty, the Supplier may proceed to arrange the repair on the Customer’s behalf without needing to obtain further authorization from the Customer; and
  • 2.1.2. if such repair is NOT covered by the Manufacturer’s Warranty, the Supplier shall notify the Customer of the applicable costs, and once the Customer approves such expenditure, the Supplier shall arrange the repair on the Customer’s behalf.
3. CUSTOMER RESPONSIBILITIES
3.1. The Customer acknowledges and agrees that in relation to any Hardware Support Services, the Customer must ensure that, and must procure that its Personnel ensure that:
  • 3.1.1. it has all necessary Approvals required to receive the benefit of the Hardware Support Services;
  • 3.1.2. each applicable Device is under warranty and/or is otherwise entitled to receive servicing from the Service Centre.
  • 3.1.3. the Supplier has the Approvals necessary for it to access and use the Device;
  • 3.1.4. the Supplier has the Approvals necessary for it to attend the Site to collect/deliver the Device;
  • 3.1.5. the Supplier has the Approvals necessary for it to remotely connect to the Device or system as required to remotely diagnose and/or troubleshoot the Device;
  • 3.1.6. the Customer’s Personnel fully cooperate with, and follow the Instructions of the Remote IT Service Desk and the Supplier’s account manager;
  • 3.1.7. the Customer’s Personnel are present at the Site, at the agreed time, to facilitate the Supplier’s collection/delivery of the Device;
  • 3.1.8. all data, information, software and other applications on the Device have been securely backed-up prior to any remote troubleshooting or delivery to the Services Centre; and
  • 3.1.9. all Confidential information and Personal Data is removed from the Device as well as any removable media, prior to the Device being collected by the Supplier.
4. LIMITATION OF LIABILITY
4.1. The Customer acknowledges and agrees that:
  • 4.1.1. to the maximum extent permitted by law, the Supplier excludes all liability for any performance or non-performance of the Service Centre;
  • 4.1.2. to the maximum extent permitted by law, the Supplier excludes all liability for any replacement parts or product that may be used in the course of the Hardware Support Services;
  • 4.1.3. the Supplier makes no warranty as to whether any issue with a Device can or will be resolved by the performance of the Hardware Support Services; and
  • 4.1.4. whether the Service Centre provides no resolution or provides a resolution that is not acceptable by the Customer, does not define whether or not the Supplier has fulfilled the Hardware Support Services in accordance with this Agreement.
5. SERVICE LEVELS
5.1. The following service levels shall apply to this Service:
Severity Description Ticket Response Ticket Resolution
1. Severe Business Impact
Description:
  • Total loss of an application(s) or site.
  • Total loss of production service(s) to any part of the customer business that does not have a workaround.
  • Total loss of service of a customer contract defined critical system, network or key application.
  • An outage that does not have a workaround and impacts one or more service level commitments, revenue, or delivery schedules as validated through the account team is considered a total loss of production service(s) to the customer's business.
  • Priority tagging is High
Ticket Response:
1 hr
Ticket Resolution:
8 hrs
2. Major Business Impact
Description:
  • Major loss of an application
  • Major loss of production service(s) to any part of the customer business that does have a workaround.
  • Major loss of service of a customer contract defined critical system, network, key application with partial customer impact.
  • Priority tagging is Urgent
 Ticket Response:2 hrs Ticket Resolution:24 hrs
3. Minor Business Impact
Description:
  • Minor loss of an application(s) that may degrade the service but does not prevent delivery of service to the customer.
  • Minor loss of production service(s) to any part of the customer business that may degrade service but does not prevent delivery of service to the customer.
  • Potential exposure to the ability to deliver service or scattered customers affected but does not prevent the delivery of service to the customer(s).
  • Scattered customers affected
  • Priority tagging is Medium
Ticket Response:
3 hrs
Ticket Resolution:
3 business days
4. Low Business Impact
Description:
  • Individual request or incident that does not impact the business.
  • Low risk and impact
  • Frequently occurring mostly simple questions or problems. (How to’s or Procedural questions)
  • Customer needs information
  • Installation, removal, and modification requests and configurations in workstations. (Hardware and software)
  • Priority tagging is Low
Ticket Response:
4 hrs
Ticket Resolution:
9 business days
5.2. The service is available 9am-6pm Monday to Friday (GMT +8), excluding Singapore public holidays.
PART C | REMOTE IT SERVICE DESK
1. DEFINITIONS
1.1. The defined terms of the Agreement shall apply to this Schedule
1.2. The following additional defined terms shall apply to this Schedule.
  • OEM means the original equipment manufacturer of a Device;
  • Issue means an impairment or non-functioning of a Device that the Customer wishes to resolve;
  • Priority means Laptop intermittently fails to work, causing the user to have his / her activity interrupted frequently, to the extent that the user’s productivity is impacted; and
  • Non-Priority means that a user can continue with his / her activity with intervention and/or workaround. However, if the issue is not rectified in a timely manner, the user’s productivity will be significantly affected; and
  • OEM Supported Software means:
    • (a) Microsoft Office
    • (b) Driver installation
    • (c) Selected antivirus software
    • (d) Selected backup software
    • (e) Selected online conferencing software (Teamviewer, Microsoft Teams, Google Meets, Zoom); and
    • (f) such other software as the Supplier define from time to time;
  • Remote IT Service Desk
    • means the support desk provided by the Supplier through the Esevel Platform; and
    • means a formal support request issued by the Customer to the Remote IT Service Desk using the Esevel Platform.
2. OVERVIEW
2.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
2.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer procures Last Mile IT Services.
2.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms.
3. HOURS OF OPERATION
3.1. The Remote IT Service Desk is available 9am-6pm Monday to Friday (GMT +8), excluding Singapore public holidays.
4. REPORTING & RESOLUTION PROCESS
4.1. The following processes will apply when the Remote IT Service Desk resolves an issue:
  • 4.1.1. For Issues resolved by Remote Troubleshooting:
    • (a) Remote IT Service Desk conducts initial troubleshooting
    • (b) Remote IT Service Desk determines that issue will require remote access troubleshooting; and
    • (c) Remote IT Service Desk will remotely access the Devices and attempt to resolve the Issue.
  • 4.1.2. For Issues resolved by Service Centre::
    • (a) Remote IT Service Desk conducts initial troubleshooting
    • (b) Remote IT Service Desk determines that issue will require resolution at the Service Centre;
    • (c) Remote IT Service Desk will provide shipping packaging directions for the Device
    • (d) Remote IT Service Desk will arrange a collection service for the Device and Device will be delivered to authorized Service Centre for inspection and resolution; and
    • (e) Upon resolution, the Device will be packaged and shipped to the User at his / her registered location.
4.2. The Customer acknowledges and agrees that:
  • 4.2.1. it is responsible for promptly completing and returning to the Supplier the Device return checklist supplied to it by the Supplier;
  • 4.2.2. the Customer will be liable for any costs and expenses incurred as a result of delays caused by the Customer failing to promptly complete and return the Device return checklist to the Supplier as instructed;
  • 4.2.3. any delay in completing the Device return checklist, packaging or shipping of a Device will result in a delayed response / resolution of the Issue; and
  • 4.2.4. the Customer will be liable for all shipping and packaging costs associated with this Service.
5. SERVICE LEVELS
5.1. The following service levels shall apply to this service:
Severity Description Ticket Response Ticket Resolution
1. Severe Business Impact
Description:
  • Total loss of an application(s) or site.
  • Total loss of production service(s) to any part of the customer business that does not have a workaround.
  • Total loss of service of a customer contract defined critical system, network or key application.
  • An outage that does not have a workaround and impacts one or more service level commitments, revenue, or delivery schedules as validated through the account team is considered a total loss of production service(s) to the customer's business.
  • Priority tagging is High
Ticket Response:
1 hr
Ticket Resolution:
8 hrs
2. Major Business Impact
Description:
  • Major loss of an application
  • Major loss of production service(s) to any part of the customer business that does have a workaround.
  • Major loss of service of a customer contract defined critical system, network, key application with partial customer impact.
  • Priority tagging is Urgent
 Ticket Response:2 hrs Ticket Resolution:24 hrs
3. Minor Business Impact
Description:
  • Minor loss of an application(s) that may degrade the service but does not prevent delivery of service to the customer.
  • Minor loss of production service(s) to any part of the customer business that may degrade service but does not prevent delivery of service to the customer.
  • Potential exposure to the ability to deliver service or scattered customers affected but does not prevent the delivery of service to the customer(s).
  • Scattered customers affected
  • Priority tagging is Medium
Ticket Response:
3 hrs
Ticket Resolution:
3 business days
4. Low Business Impact
Description:
  • Individual request or incident that does not impact the business.
  • Low risk and impact
  • Frequently occurring mostly simple questions or problems. (How to’s or Procedural questions)
  • Customer needs information
  • Installation, removal, and modification requests and configurations in workstations. (Hardware and software)
  • Priority tagging is Low
Ticket Response:
4 hrs
Ticket Resolution:
9 business days
5.2. *In the event that a temporary workaround has been implemented, the Parties shall agree to a permanent fix and timeframe before proceeding with implementation.
5.3. **Tickets received after 4pm (GMT+8) shall be assigned to the next Business Day.
5.3. *** Resolution time shall start counting from the time full diagnostic information is provided by the User. Resolution shall also include the provision of a solution that bypasses the issue.
6. OEM SOFTWARE SUPPORT SERVICES
6.1. The Customer acknowledges and agrees that:
  • 6.1.1. as precondition to receiving these Service the Customer must have all necessary Approvals, licenses and support agreements in place with the applicable OEM;
  • 6.1.2. the Supplier excludes all liability for the performance of the OEM’s software, products or services;
  • 6.1.3. the Supplier makes no representations nor warranties as to whether any software issue will be resolved by these Services; and
  • 6.1.4. the Supplier’s performance of this Service will be deemed complete and accepted by the Customer, regardless of whether the applicable OEM can/cannot resolve the Issue or where the OEM proposes a resolution that is not acceptable to the Customer.
7. CUSTOMER RESPONSIBILITIES
7.1. The Customer acknowledges and agrees that in relation to these Services, the Customer must ensure that, and must procure that its Personnel ensure that:
  • 7.1.1. it has all necessary permissions to enable the Supplier to:
    • (a) access and use the Device;
    • (b) remotely connect to the Device or system as required to conduct remote troubleshooting;
  • 7.1.2. it works with the Supplier in good faith to arrange any applicable collections/returns from their registered locations;
  • 7.1.3. cooperate with, and follow the Instructions of the Supplier and the OEM;
  • 7.1.4. it has maintained:
    • (a) all necessary licenses and support agreements with the applicable OEM; and
    • (b) the latest minimum release levels or configurations required for the Device and/or software; and
  • 7.1.5. it has backed-up all data, information, software and other applications on the Device prior to any Service.
  • 7.1.6. it has removed all confidential, personal or other proprietary information from the Device and any applicable removable media prior to any Service.
8. SERVICE EXCLUSIONS
8.1. The Customer acknowledges and agrees that the following does not fall within the scope of this Service and may require additional Charges to be paid in the event the Supplier agrees to address them:
  • 8.1.1. installation or uninstallation of software;
  • 8.1.2. relocation services;
  • 8.1.3. training service;
  • 8.1.4. repairing cosmetic damage;
  • 8.1.5. support of accessories;
  • 8.1.6. repairing Third Party products or software (outside of OEM Supported Software);
  • 8.1.7. removal of software, spyware, malware or other virus or malicious software;
  • 8.1.8. back-up services;
  • 8.1.9. advanced wireless, networking or remote installation, set up or optimization services;
  • 8.1.10. scripting, programming, software or database design, implementation, development or other programming support; and
  • 8.1.11. uninterrupted or error-free operation of a product.
9. EXCLUSION OF LIABILITY
9.1. The Customer acknowledges and agrees that to the maximum extent permitted by Law, the Supplier shall have no liability for any:
  • 9.1.1. loss of, or damage to a User’s or the Customer’s data;
  • 9.1.2. failure of, or damaged caused by, any Third Party products, including those that the Supplier may provide or integrate into the Device at the request of the User or the Customer; and
  • 9.1.3. peripheral or Third Party products, even if installed on a Device by the Supplier.
PART D | MOBILE DEVICE MANAGEMENT
1. DEFINITIONS
1.1. The defined terms of the Agreement shall apply to this Schedule.
1.2. The following additional defined terms shall apply to this Schedule.
2. OVERVIEW
2.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
2.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer procures Mobile Device Management services.
2.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms
3. JUMPCLOUD END CUSTOMER AGREEMENT
3.1. The Customer acknowledges and agrees that as a pre-condition to it utilising these Services:
  • 3.1.1. the DAASA Terms shall be incorporated into the Agreement and take precedence to the extent applicable to the Mobile Device Management services;
  • 3.1.2. it hereby consents to JumpCloud to processing its Personal Information for the purposes of performing the Services;
  • 3.1.3. it hereby consents to JumpCloud processing End Customers’ Personal Information pursuant to the terms of the DPA;
  • 3.1.4. it must exclusively bring any Claims arising out of or in connection with the Service to the Supplier (and not to JumpCloud); and
  • 3.1.5. JumpCloud may enforce the Agreement against the Customer.
  • 3.1.6. it undertakes to only use the Service for its own internal business purposes and not for further resale or use on behalf of a Third Party;
  • 3.1.7. the Customer warrants and represents that the Supplier and JumpCloud may rely on all information supplied by the Customer as being true and accurate and without need for further verification ;
  • 3.1.8. JumpCloud reserves the right to suspend or terminate the Customer’s account if JumpCloud reasonably determines that it is being used i) by an unauthorized Third Party or a Person other than the User to whom the User’s username and password was originally assigned or ii) in breach of the Applicable Law, terms or conditions.
4. SERVICE LEVELS
4.1. The following service levels shall apply to this service:
Severity Description Ticket Response Ticket Resolution
1. Severe Business Impact
Description:
  • Total loss of an application(s) or site.
  • Total loss of production service(s) to any part of the customer business that does not have a workaround.
  • Total loss of service of a customer contract defined critical system, network or key application.
  • An outage that does not have a workaround and impacts one or more service level commitments, revenue, or delivery schedules as validated through the account team is considered a total loss of production service(s) to the customer's business.
  • Priority tagging is High
Ticket Response:
1 hr
Ticket Resolution:
8 hrs
2. Major Business Impact
Description:
  • Major loss of an application
  • Major loss of production service(s) to any part of the customer business that does have a workaround.
  • Major loss of service of a customer contract defined critical system, network, key application with partial customer impact.
  • Priority tagging is Urgent
 Ticket Response:2 hrs Ticket Resolution:24 hrs
3. Minor Business Impact
Description:
  • Minor loss of an application(s) that may degrade the service but does not prevent delivery of service to the customer.
  • Minor loss of production service(s) to any part of the customer business that may degrade service but does not prevent delivery of service to the customer.
  • Potential exposure to the ability to deliver service or scattered customers affected but does not prevent the delivery of service to the customer(s).
  • Scattered customers affected
  • Priority tagging is Medium
Ticket Response:
3 hrs
Ticket Resolution:
3 business days
4. Low Business Impact
Description:
  • Individual request or incident that does not impact the business.
  • Low risk and impact
  • Frequently occurring mostly simple questions or problems. (How to’s or Procedural questions)
  • Customer needs information
  • Installation, removal, and modification requests and configurations in workstations. (Hardware and software)
  • Priority tagging is Low
Ticket Response:
4 hrs
Ticket Resolution:
9 business days
4.2. The hours of operation of the service is available 9am-6pm Monday to Friday (GMT +8), excluding Singapore public holidays.
PART E | IDENTITY ACCESS MANAGEMENT
1. DEFINITIONS
1.1. The defined terms of the Agreement shall apply to this Schedule.
1.2. The following additional defined terms shall apply to this Schedule.
2. OVERVIEW
2.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
2.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer procures Identity Access Management services.
2.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms.
3. JUMPCLOUD END CUSTOMER AGREEMENT
3.1. The Customer acknowledges and agrees that as a pre-condition to it utilising these Services:
  • 3.1.1. the DAASA Terms shall be incorporated into the Agreement and take precedence to the extent applicable to the Mobile Device Management services;
  • 3.1.2. it hereby consents to JumpCloud to processing its Personal Information for the purposes of performing the Services;
  • 3.1.3. it hereby consents to JumpCloud processing End Customers’ Personal Information pursuant to the terms of the DPA;
  • 3.1.4. it must exclusively bring any Claims arising out of or in connection with the Service to the Supplier (and not to JumpCloud); and
  • 3.1.5. JumpCloud may enforce the Agreement against the Customer.
  • 3.1.6. it undertakes to only use the Service for its own internal business purposes and not for further resale or use on behalf of a Third Party;
  • 3.1.7. the Customer warrants and represents that the Supplier and JumpCloud may rely on all information supplied by the Customer as being true and accurate and without need for further verification ;
  • 3.1.8. JumpCloud reserves the right to suspend or terminate the Customer’s account if JumpCloud reasonably determines that it is being used i) by an unauthorized Third Party or a Person other than the User to whom the User’s username and password was originally assigned or ii) in breach of the Applicable Law, terms or conditions.
4. SERVICE LEVELS
4.1. The following service levels shall apply to this service:
Severity Description Ticket Response Ticket Resolution
1. Severe Business Impact
Description:
  • Total loss of an application(s) or site.
  • Total loss of production service(s) to any part of the customer business that does not have a workaround.
  • Total loss of service of a customer contract defined critical system, network or key application.
  • An outage that does not have a workaround and impacts one or more service level commitments, revenue, or delivery schedules as validated through the account team is considered a total loss of production service(s) to the customer's business.
  • Priority tagging is High
Ticket Response:
1 hr
Ticket Resolution:
8 hrs
2. Major Business Impact
Description:
  • Major loss of an application
  • Major loss of production service(s) to any part of the customer business that does have a workaround.
  • Major loss of service of a customer contract defined critical system, network, key application with partial customer impact.
  • Priority tagging is Urgent
 Ticket Response:2 hrs Ticket Resolution:24 hrs
3. Minor Business Impact
Description:
  • Minor loss of an application(s) that may degrade the service but does not prevent delivery of service to the customer.
  • Minor loss of production service(s) to any part of the customer business that may degrade service but does not prevent delivery of service to the customer.
  • Potential exposure to the ability to deliver service or scattered customers affected but does not prevent the delivery of service to the customer(s).
  • Scattered customers affected
  • Priority tagging is Medium
Ticket Response:
3 hrs
Ticket Resolution:
3 business days
4. Low Business Impact
Description:
  • Individual request or incident that does not impact the business.
  • Low risk and impact
  • Frequently occurring mostly simple questions or problems. (How to’s or Procedural questions)
  • Customer needs information
  • Installation, removal, and modification requests and configurations in workstations. (Hardware and software)
  • Priority tagging is Low
Ticket Response:
4 hrs
Ticket Resolution:
9 business days
4.2. The hours of operation of the service is available 9am-6pm Monday to Friday (GMT +8), excluding Singapore public holidays.
PART F | FREE TRIALS
1. DEFINITIONS
1.1. The defined terms of the Agreement shall apply to this Schedule.
1.2. The following additional defined terms shall apply to this Schedule.
  • Free Trial means any goods or services offered by the Supplier on a trial basis and/or where no Charges are payable by the Customer;
2. OVERVIEW
2.1. The Customer and ESEVEL PTE. LTD are parties to a master supply agreement (the “Agreement”).
2.2. In addition to the terms and conditions set out in the body of the Agreement, the following terms and conditions shall also apply when the Customer participates in Free Trials provided by Esevel Pte Ltd.
2.3. The defined terms and rules of interpretation set out in the Agreement shall also apply to these Product Specific Terms.
3. SERVICE LEVELS
3.1. The Supplier may vary the terms of any Free Trials by notice on the Esevel Website at any time.
3.2. The Supplier may terminate any Free Trial, or any part of any Free Trial at any time and without cause by issuing a notice on the Esevel Website.
3.3. To the maximum extent permitted by law, the Supplier is under no circumstances liable to the Customer or any Third Party for any Claim or Loss of whatever nature suffered, sustained or incurred, arising out of or in connection with any Free Trial.
Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE/APPLICATION.
1. INFORMATION ABOUT US
1.1 ESEVEL PTE. LTD, is a company registered in Singapore with company number 202011247Z and whose registered office is at 101 Upper Cross Street #05-16 Singapore 05835 (“Esevel”).
1.2 Esevel is committed to protecting and respecting your privacy when you use our website at https://esevel.com/ (the “Site”) and/or any application made by Esevel (the “Online Tools”).
2. SCOPE OF PRIVACY POLICY
2.1. This privacy policy (the “Privacy Policy”) applies to:
  • 2.1.1 any users of the Online Tools.
  • 2.1.2 any users of Esevel’s services.
  • 2.1.3 anyone who contacts or otherwise submits information to Esevel via the Online Tools.
3. PRIVACY POLICY
3.1 This Privacy Policy sets out the basis upon which Esevel will process any Personal Information that Esevel collects from you, or that you provide to Esevel.
3.2 Please read this Privacy Policy carefully to understand Esevel’s views and practices regarding your Personal Information and how Esevel will treat it.
3.3 By accessing and using the Online Tools and/or providing us with Personal Information, you acknowledge and agree that you:
  • 3.3.1 understand and unconditionally accept and agree to this Privacy Policy
  • 3.3.2 consent to Esevel processing / using your Personal Information in the manner set out in this Privacy Policy.
3.4 If you do not accept and agree to this Privacy Policy, please do not provide your Personal Information to Esevel and do not interact with or use the Online Tools.
3.5 Esevel recommends that you print a copy of this Privacy Policy for future reference.
4. OUR PROMISE
4.1 We promise:
  • 4.1.1 to keep your Personal Information safe and private.
  • 4.1.2 unless otherwise agreed with you, not to sell your Personal Information.
  • 4.1.3 to give you ways to manage and review your choices regarding Personal Information usage restrictions at any time.
5. PERSONAL INFORMATION WE COLLECT
5.1 Esevel may collect Personal Information including:
  • 5.1.1 your full name;
  • 5.1.2 your address;
  • 5.1.3 your email address;
  • 5.1.4 your phone number and/or mobile phone number;
  • 5.1.5 your birthdate;
  • 5.1.6 your national identity card or passport;
  • 5.1.7 your credit card details;
  • 5.1.8 your Internet Protocol address;
  • 5.1.9 any other information we may request from you from time to time.
6. WHERE WE COLLECT PERSONAL INFORMATION FROM
6.1 Esevel may collect Personal Information when:
You give us data, including:
  • 6.1.1 when you talk to us on the phone
  • when you send us emails or letters
  • 6.1.3 when you take part in our free product trials
  • 6.1.4 when you create or update your account with Esevel
  • 6.1.5 when you request services through the Online Tools
  • 6.1.6 when you access third party products and services through the Online Tools
  • 6.1.7 when you contact Esevel, for example to provide feedback or to request for assistance
  • 6.1.8 when you enable features that require Esevel’s access to your address book or calendar
  • 6.1.9 when you provide Esevel with payment information
  • 6.1.10 when you enable features or utilise services requesting location data;
6.2 You use Our services / Online Tools, including
  • 6.2.1 your precise or approximate location information as determined through data such as GPS, IP address, Wifi and any other location-based technology we may use
  • 6.2.2 information about transactions made via use of the Online Tools
  • 6.2.3 information about how you interact with our services and third party products and services through our Online Tools, including preferences expressed and settings chosen
  • 6.2.4 Access Device Information and/or
  • 6.2.5 Usage Information
6.3 We receive data from other sources, including
  • 6.3.1 payment service providers
  • 6.3.2 financial service providers
  • 6.3.3 advertising networks
  • 6.3.4 analytics providers
  • 6.3.5 search information providers
  • 6.3.6 other users of our services and/or third party products and services provided through the Online Tools; and/or
  • 6.3.7 other third parties
7. COOKIES
7.1 The Site uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Cookies on the Site may be used to ensure a smooth user experience, perform analytics, and for showing relevant advertisements. Please note that third parties (such as analytics software) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. The Site uses Google Analytics. Please refer to http://www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our website and how to control the information sent to Google.
8. YOUR PROTECTIONS UNDER THE LAW
8.1 As well as under this Privacy Policy, the privacy of your Personal Information is protected by law in relevant jurisdictions. This Clause 8.1 explains generally how that works.
8.2 The EU General Data Protection Regulation (“GDPR”) specifies that a data controller is only allowed to use your Personal Information if it has a proper reason to do so. This includes sharing it outside of the data controller’s organisation.
8.3 Whilst we may operate outside of the European Union, we have chosen to generally align with the standards of the GDPR.
9. HOW WE USE DATA / INFORMATION
9.1 Esevel may use information held about you in the following ways:
  • 9.1.1 to carry out Esevel’s obligations and to provide you with the information and/or services that you request from Esevel
  • 9.1.2 to provide you, or permit selected third parties to provide you with information about services Esevel offers or feels may interest you
  • 9.1.3 to notify you about changes to Esevel’s services
  • 9.1.4 to ensure that content from the Online Tools is presented in the most effective manner for you and for your device
  • 9.1.5 to administer the Online Tools and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
  • 9.1.6 to allow you to participate in interactive features of the Online Tools, when you choose to do so
  • 9.1.7 as part of Esevel’s efforts to maintain the safety, security and integrity of Esevel’s Online Tools and services
  • 9.1.8 to deliver relevant advertising to you and measure or understand the effectiveness of the same
  • 9.1.9 to provide appropriate assistance to you when you contact Esevel’s customer support
  • 9.1.10 for testing, research, analysis and product development;
  • 9.1.11 to comply with our legal and regulatory obligations;
  • 9.1.12 to verify information you have provided to us for our “Know Your Client” purposes;
  • 9.1.13 where we have a Legitimate Interest; and
  • 9.1.14 to investigate or address claims or disputes relating to your use of Esevel’s services and/or the Online Tools in accordance with Applicable Law.
9.2 If you have any questions or want more details about how we use your Personal Information, you can ask us via email at customersupport@esevel.com.
10. LEGITIMATE INTEREST
10.1 In relation to Clause 10, our reasons for which we may use your Personal Information include where:
  • 10.1.1 we have your consent;
  • 10.1.2 we are fulfilling a contract with you;
  • 10.1.3 we are under a legal duty to do so (eg KYC); and/or;
  • 10.1.4 we have a Legitimate Interest to do so;
10.2 For the purposes of this Privacy Policy, “Legitimate Interest” means where we believe that processing your Personal Information is necessary for:
  • 10.2.1 keeping our records up to date
  • 10.2.2 working out which of our products and services may interest you and telling you about them
  • 10.2.3 developing products and services, and what we charge for them
  • 10.2.4 defining types of customers for new products or services
  • 10.2.5 seeking your consent when we need it to contact you
  • 10.2.6 efficiently fulfilling our legal and/or contractual duties; and/or
  • 10.2.7 complying with Applicable Law and rules and guidance from regulators
11.1 Esevel may share / disclose your information with selected third parties and in certain circumstances, including:
  • 11.1.1 people who Esevel works with, including affiliates, employees, suppliers and sub-contractors to deliver your services and for the performance of any contract Esevel enters into with you
  • 11.1.2 advertisers and advertising networks that require the data to select and serve relevant adverts to you and others
  • 11.1.3 analytics and search engine providers that assist Esevel in the improvement and optimisation of the Online Tools
  • 11.1.4 where Esevel sells or buys any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets
  • 11.1.5 where Esevel is under a duty to disclose or share your information in order to comply with Applicable Law, or any legal or regulatory obligation or order
  • 11.1.6 in order to enforce or apply any of Esevel’s terms and conditions; and/or
12. WHERE WE STORE YOUR PERSONAL DATA / INFORMATION
12.1 The information that we collect from you may be transferred to, and stored at, a destination outside of the Territory.
12.2 Your information may be processed by people outside of the Territory who work for Esevel or for one of our suppliers, pursuant to a data processing agreement entered into with us, which is compliant with this Privacy Policy.
12.3 Such staff may be engaged in, among other things:
  • 12.3.1 the provision of services
  • 12.3.2 the processing of your payment details; and/or
  • 12.3.3 the provision of support services.
12.4 By submitting your information, you agree to the information transfer, storing or processing referred to in this Privacy Policy.
12.5 Unfortunately, the transmission of information via the internet is not completely secure and any transmission of data / information is at your own risk.
12.6 Esevel will use reasonable efforts to ensure that your information is treated securely and in accordance with this Privacy Policy. .
12.7 Notwithstanding Clause 12.5, Esevel cannot guarantee the security of your information transmitted to the Online Tools. .
12.8 Where you have a password which enables you to access certain parts of the Online Tools, you are responsible for keeping this password confidential and agree not to disclose it to anyone. .
13. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
13.1 We will keep your Personal Information for as long as you maintain an account with Esevel or such other period as may be required by Applicable Law.
13.2 After you terminate your account with Esevel, we may keep your Personal Information for up to 3 years for one of these reasons:
  • 13.2.1 to respond to any questions or complaints
  • 13.2.2 to show that we treated you fairly
  • 13.2.3 to maintain records according to rules that apply to us.
13.3 We may keep your Personal Information for longer than 3 years if we cannot delete it for legal, regulatory, or technical reasons. We may also keep it for research or statistical purposes. If we do, we will make sure your privacy is protected and only use it for those purposes.
14. IF YOU CHOOSE NOT TO GIVE US PERSONAL INFORMATION
14.1 We may need to collect Personal Information as required by Applicable Law, or to enter into or fulfil a contract we have with you.
14.2 If you choose not to give us this Personal Information, it may:
  • 14.2.1 delay or prevent us from fulfilling a contract we have with you;
  • 14.2.2 delay or prevent us from doing what we must do by Applicable Law;
  • 14.2.3 mean that we cannot run your accounts and/or policies; and/or
  • 14.2.4 mean that we decide to cancel any account you have with us.
14.3 We sometimes ask for information that is useful, but not required by Applicable Law or a contract. We will make this clear when we ask for it. You do not have to give us these extra details and it won't affect the products or services you have with us.
15. HOW TO GET A COPY OF YOUR PERSONAL INFORMATION
15.1 You can obtain a copy of your Personal Information that we hold by writing to us at customersupport@esevel.com
16. HOW TO CORRECT YOUR PERSONAL INFORMATION
16.1 You have the right to question any Personal Information that we have about you, which you think is wrong or incomplete. Please contact us at customersupport@esevel.com. if you want to do this.
16.2 Where you submit a request pursuant to Clause 16.1, we will take reasonable steps to check the accuracy of your Personal Information and make any necessary corrections.
17. REQUESTING THAT WE CEASE USING YOUR PERSONAL INFORMATION
17.1 You have the right to object to our use of your Personal Information, or to ask us to delete, remove or stop using your Personal Information.
17.2 We want you to tell us if you think that we should not be using your Personal Information. But please note there may be legal or other official reasons why we need to still retain and/or use your Personal Information and that we reserve our rights as per Clause 13.
17.3 We may sometimes be able to restrict the use of your Personal Information. This means that the Personal Information would only be used for certain things, such as legal claims or to exercise legal rights.
17.4 Where Clause 17.3 applies, we would not use or share your Personal Information in other ways while it is restricted.
17.5 You can ask that we restrict the use of your Personal Information if:
  • 17.5.1 it is not accurate;
  • 17.5.2 it has been used unlawfully but you do not want us to delete it;
  • 17.5.3 it is not relevant anymore, but you want us to keep it for use in legal claims; or
  • 17.5.4 you have already asked us to stop using your Personal Information but you are waiting for us to tell you if we are allowed to keep on using it.
17.6 Esevel will usually inform you (before collecting your information) where it intends to:
  • 17.5.1 use your data for marketing purposes; or
  • 17.5.2 disclose your information to others for marketing purposes.
17.7 If you want to object to how we use your Personal Information or ask us to delete it or restrict how we use it, please contact us at customersupport@esevel.com.
18. THIRD PARTY WEBSITES
18.1 The Online Tools may, from time to time, contain links to and from third party websites.
18.2 If you follow a link to / from any third party websites, you do so at your own risk, and subject to whatever privacy policy / website terms that govern the use of such websites.
18.3 Esevel does not accept responsibility or liability for the content of third party websites, or any information you provide to them.
19. CHANGES TO OUR PRIVACY POLICY AND YOUR ACCEPTANCE
19.1 Any changes Esevel may make to this Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes.
19.2 Your continued use of the Online Tools will confirm your understanding and acceptance of this Privacy Policy and any changes made to it from time to time.
20. HOW TO WITHDRAW YOUR CONSENT
20.1 You can withdraw your consent to this Privacy Policy at any time. Please contact us if you wish to do so.
20.2 If you withdraw your consent, you acknowledge and agree that you are required to cease using the Online Tools and that we may no longer be able to provide or enable the provision of any certain products or services to you.
21. HOW TO COMPLAIN
21.1 Please let us know if you are unhappy with how we have used your Personal Information. You can contact us at customersupport@esevel.com.
22. Contact
22.1 Please let us know if you are unhappy with how we have used your Personal Information. You can reach us at customersupport@esevel.com.
22.2 You also have the right to complain to a relevant privacy regulator, and to potentially lodge an appeal if you are not happy with the outcome of a complaint. We hope that that won’t be ever required though
22.3 Any other questions, comments and requests regarding this Privacy Policy should also be sent to customersupport@esevel.com.
23. DEFINITIONS
23.1 For the purposes of this Privacy Policy, the following terms shall have the following meanings:
  • 23.1.1 "Access Device Information” means technical information about the devices you use to access Esevel’s services, including hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.
  • 23.1.2 “Applicable Law” means all national, state, local, municipal legislation, regulations, statutes, by-laws, approvals and/or other laws and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to, or connected with, the activities contemplated under this Privacy Policy wherever so located or performed.
  • 23.1.3 “Personal Information” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, Esevel’s possession.
  • 23.1.4 “Usage Information” means information about your use of the Online Tools, including your device IP address, access dates and times, app features or pages viewed, application crashes and other system activity, type of browser, and the third party site or service you were using before interacting with the Online Tools.
  • 23.1.5 “Territory” means Singapore.