Terms of Services
Terms and Conditions Apply on all our Services
TERMS & CONDITIONS
For Fairchance Call Recording Sync Solution
Effective Date:September 1, 2026
Last Updated:September 1, 2026
These Terms of Service (“Terms”) govern the relationship between Fairchance for CRM (“Fairchance”, “we”, “us”, or “our”) and the person or legal entity purchasing, accessing or receiving our services (“Customer”, “you”, or “your”).
By signing a proposal, statement of work, order form, subscription, service agreement, or otherwise using our services, you agree to these Terms together with any applicable SOW, Order Form, Service Schedule, Data Processing Agreement (DPA) and other documents expressly incorporated into the agreement.
1. Company Identity
Legal / registered entity name: Fairchance for CRM
Business / trading name: Fairchance for CRM
Registered / business address: Lahore, Pakistan
Email: fairchance@fairchanceforcrm.com
Phone: +92 304 4384009
Business / trading name: Fairchance for CRM
Registered / business address: Lahore, Pakistan
Email: fairchance@fairchanceforcrm.com
Phone: +92 304 4384009
2. Definitions
- “Agreement” means these Terms plus the applicable Proposal, SOW, Order Form, Service Schedule, DPA and other incorporated documents.
- “Customer Data” means information, records, files, CRM records, personal information and other materials supplied by or for the Customer.
- “Deliverables” means the specific outputs identified in an applicable SOW, proposal or order.
- “Services” means consulting, implementation, customization, migration, integration, development, managed services, analytics, training, support, marketing or other services purchased from Fairchance.
- “Third-Party Services” means products/services supplied by third parties, including Zoho applications, Google services, payment providers, hosting and communication platforms.
- “Subscription Services” means recurring or software-enabled services provided by Fairchance.
3. Scope of Services
Fairchance provides professional technology and business services that may include Zoho CRM and Zoho One implementation, CRM customization, data migration, integration, workflow automation, reporting and analytics, business application development, managed services, training, support, business assessment and selected digital marketing services. Exact scope, Deliverables, timelines, assumptions, fees and acceptance criteria will be defined in the applicable Proposal, SOW, Order Form or subscription plan.
4. Proposals, SOWs and Orders
● Each project should be governed by a written Proposal, SOW, Order Form or service agreement identifying scope, Deliverables, milestones, fees, payment schedule, assumptions, dependencies, Customer responsibilities and acceptance criteria.
● Service Delivery Policy controls if the Terms conflict with a signed SOW or Order Form.
● Project work outside the agreed scope should require written approval through a change request.
5. Customer Responsibilities
● Provide accurate and timely information, access, credentials, approvals and decisions required to perform the Services.
● Maintain appropriate licences/subscriptions for third-party products unless the SOW says otherwise.
● Ensure Customer Data and instructions may lawfully be processed.
● Maintain appropriate permissions for employees, contractors and users.
● Review and approve configurations, mappings, workflows, reports, integrations and Deliverables within agreed review periods.
● Maintain appropriate backups of source/customer data unless backup services are expressly included.
● Comply with applicable laws and third-party platform terms.
6. Third-Party Platforms and Zoho
Fairchance may configure or integrate third-party platforms, including Zoho applications and other Customer-selected services. Third-party products remain subject to the third party’s terms, pricing, availability, policies, technical limitations and support arrangements. Fairchance is not responsible for third-party outages, API changes, pricing changes, suspension, security incidents or discontinuation except as expressly agreed.
Customer is responsible for valid third-party subscriptions, licences, credentials and permissions unless the applicable SOW states otherwise.
7. Zoho and Third-Party Licence Fees
Unless expressly included in a quotation, Fairchance professional-service fees do not include Zoho subscription/licence fees or other vendor charges. Third-party usage, storage, messaging, API and subscription fees are the Customer’s responsibility unless the Proposal/Order Form states otherwise.
Fairchance does not control third-party pricing or renewal policies
8. Fees, Invoicing and Payment
Fees and payment schedules will be stated in the applicable Proposal, SOW, Order Form or invoice. Unless otherwise agreed in writing, invoices are due within the payment period stated on the invoice. Customers shall pay undisputed amounts by the due date.
If payment is overdue, Fairchance may, after reasonable notice where appropriate, suspend Services, withhold Deliverables or terminate the applicable Service, without waiving its right to recover outstanding amounts.
Taxes, duties, bank charges, withholding taxes and third-party costs should be addressed in the Proposal/Order Form.
9. Change Requests / Scope Creep
Changes requested after scope approval may require a written change request. Fairchance may assess the impact on fees, timelines, resources, dependencies and Deliverables. Work outside agreed scope may be billed at the agreed rate or under a separate quotation.
10. Project Delays and Customer Dependencies
Project dates depend on Customer cooperation, access, data readiness, approvals, third-party availability and other dependencies. Customer-caused delays may reasonably adjust milestones, delivery dates, resources or fees after notice.
11. Data Migration
For data migration services, Customer remains responsible for source-data accuracy, legality and ownership and for maintaining appropriate backups. Fairchance performs migration according to the agreed scope and mapping. Unless expressly agreed, Fairchance does not guarantee exact migration of every source-system feature, historical record, attachment, formatting element or unsupported structure.
Customer should review migrated data during the agreed validation period and promptly report material discrepancies.
12. Customization, Development and Deliverables
Where Fairchance creates configurations, workflows, scripts, applications, reports, dashboards, integrations or documentation, ownership and licence rights should be expressly stated in the SOW. Unless otherwise agreed, Fairchance retains ownership of pre-existing materials, reusable frameworks, methodologies, know-how, templates, generic code, libraries and tools.
Upon full payment, Customer receives only the usage/ownership rights expressly granted in the applicable SOW. Third-party software remains subject to its own licence terms.
13. Intellectual Property
Each party retains intellectual property it owned before the Agreement. Customer retains Customer Data. Fairchance retains pre-existing materials, methodologies, know-how, tools, templates, reusable components and generic improvements. Any assignment or exclusive licence of commissioned Deliverables must be expressly stated in writing and may be subject to full payment.
14. Customer Data and Data Protection
Customer retains its rights in Customer Data. Fairchance may access and process Customer Data only as reasonably necessary to provide the Services, maintain security, troubleshoot, support integrations, meet legal obligations or act on documented Customer instructions, as applicable.
Where Fairchance processes personal information on Customer’s behalf, the parties will comply with applicable data-protection requirements and may execute a separate DPA where appropriate.
Customer is responsible for ensuring it has the lawful basis and permissions required for Customer Data supplied to Fairchance.
15. Call Recording Service – Special Schedule
- Customer is responsible for obtaining all required consents/notices for call recording.
- Customer must comply with applicable telecom, privacy, employment, recording and data-protection laws.
- Only authorised users may access recordings.
- Customer is responsible for CRM mapping, access permissions and API credentials.
- Fairchance may access recordings where reasonably necessary for support, maintenance, security or troubleshooting, subject to applicable contractual/data-protection requirements.
- Specific recording storage, deletion and backup periods should be stated in the applicable Order Form or schedule.
16. Security
Fairchance maintains reasonable technical and organisational measures designed to protect information against unauthorised access, loss, misuse or alteration. No system can be guaranteed completely secure. Customer is responsible for the security of its own accounts, credentials, devices, source systems and third-party services.
17. Confidentiality
Each party may receive confidential information belonging to the other. The receiving party will use reasonable care to protect it and use it only for performing/receiving the Services. Standard exclusions should apply for public, previously known, independently developed, lawfully received or legally required disclosures.
18. Service Levels, Availability and Support
Any uptime commitments, response times, support hours or service credits apply only if expressly stated in an SLA, subscription plan or SOW. Otherwise Fairchance will use commercially reasonable efforts to provide support during normal business hours.
Planned/emergency maintenance, third-party outages, connectivity failures and events outside Fairchance’s reasonable control may affect availability.
19. Acceptance of Deliverables
Where a SOW identifies acceptance criteria, Customer will review the Deliverable within the agreed review period and identify material non-conformities. If none are identified within that period, the Deliverable may be deemed accepted, subject to applicable law and the SOW.
20. Warranties and Disclaimers
Fairchance will perform professional Services with reasonable care and skill. Except for warranties expressly stated in a signed Agreement, Fairchance does not warrant uninterrupted operation of third-party platforms or that a particular business result, revenue level, sales result or ROI will be achieved.
No provision excludes or limits a warranty or statutory right that cannot lawfully be excluded.
21. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary or consequential damages, or loss of profits, revenue, goodwill or anticipated savings, except where prohibited by law.
Except for liabilities that cannot legally be limited, Fairchance’s aggregate liability arising from an Agreement should be capped at fees paid or payable for the affected Services during the 12 months preceding the event giving rise to the claim, or another cap expressly agreed in the Order Form/SOW.
The cap and carve-outs should be reviewed by counsel for enforceability.
22. Indemnification
Each party should be responsible for claims arising from its own breach, negligence, wilful misconduct or violation of applicable law, subject to agreed limitations and procedures. Customer should be responsible for claims arising from unlawful Customer Data, unlawful instructions, unauthorized use, or failure to obtain required permissions/consents
Detailed indemnity obligations should be reviewed by counsel.
23. Suspension
Fairchance may suspend a Service where reasonably necessary for non-payment, security threats, unlawful use, material breach, misuse or risk to systems/other customers. Where practicable, Fairchance will provide notice and an opportunity to remedy.
24. Termination
Either party may terminate an Agreement in accordance with the applicable Order Form/SOW. A party may terminate for material breach if not cured within the applicable notice period. Fairchance may terminate immediately where continued service would violate law or create a serious security risk.
Termination does not relieve either party from obligations accrued before termination.
25. Effect of Termination / Data Return and Deletion
Upon termination, Customer may request return/export of Customer Data where technically available and within the 60 transition period. After the applicable retention period, Fairchance may delete Customer Data, subject to legal retention, backup cycles, security logs and the DPA/SOW.
26. Fair Use and Prohibited Activities
- Use the Services for unlawful, fraudulent, abusive or deceptive activity.
- Attempt unauthorized access to systems, accounts, networks or data.
- Interfere with or disrupt the Services or infrastructure.
- Transmit malware or harmful code.
- Infringe intellectual-property, privacy or other rights.
- Use call-recording/monitoring functionality without required authority or consent.
- Circumvent usage limits, security controls or licensing restrictions.
27. Force Majeure
Neither party will be responsible for delay/failure caused by events beyond reasonable control, such as natural disasters, war, governmental actions, major infrastructure failures, widespread cyber incidents, labour disruptions or third-party platform outages, except payment obligations already due.
28. Governing Law and Dispute Resolution
These Terms are governed by the laws of Pakistan unless a signed Agreement expressly provides otherwise. The parties should first attempt in good faith to resolve disputes through senior-management discussions. If unresolved, the dispute will be submitted to the Lahore courts or dispute-resolution mechanism specified in the applicable Agreement.
29. Notices
Formal notices should be sent to the addresses/email addresses specified in the applicable Order Form/SOW. Notices concerning termination, legal claims or material breach may require a designated delivery method.
30. Assignment
Neither party may assign an Agreement in a manner that materially increases the other party’s obligations without consent, except assignment in connection with merger, reorganisation or sale of substantially all relevant assets, subject to law.
31. Subcontractors
Fairchance may use employees, contractors and service providers. Fairchance remains responsible for its contractual obligations and should ensure subcontractors with access to Customer Data have appropriate confidentiality and data-protection obligations.
32. Independent Contractors
The parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment or fiduciary relationship unless expressly agreed.
33. Entire Agreement / Severability
The Agreement and incorporated documents constitute the agreement concerning the Services and supersede prior discussions on the same subject. If any provision is unenforceable, the remaining provisions remain effective to the extent permitted by law.
34. Changes to Terms
Fairchance may update website Terms from time to time. Material changes governing an existing paid Service should be communicated reasonably and, where required, take effect upon renewal, amendment or other legally effective acceptance. The version applicable to a signed project should be identified in that Agreement.
35. Recommended Service Schedules
These Terms & Conditions may be supplemented by service-specific schedules, Statements of Work (SOWs), proposals, order forms, and other written agreements applicable to the services purchased by the Customer. Each applicable schedule will describe the relevant service-specific terms, responsibilities, limitations, delivery arrangements, and other conditions.
The following service schedules may apply, depending on the services provided:
Schedule A – Zoho CRM, Zoho One and Business Software Implementation
Schedule B – Data Migration and System Integration
Schedule C – Managed Services, Technical Support and Maintenance
Schedule D – Custom Software Development and Business Applications
Schedule E – Business Intelligence, Reporting and Analytics
Schedule F – Call Recording Synchronization, Storage and CRM Integration
Only the schedules relevant to the Customer’s purchased services will apply. The applicable proposal, SOW, order form, or signed service agreement should identify the relevant schedules.
Where a service-specific schedule conflicts with these Terms & Conditions, the order of precedence expressly stated in the applicable signed agreement will apply. If no order of precedence is specified, the parties should resolve the conflict in writing.
The Data Processing Agreement, where applicable, will govern the processing of personal data to the extent specified in that agreement. Each schedule and agreement will be interpreted consistently with applicable law.
36. Recommended Commercial Payment Structure
- Zoho implementation: milestone-based or agreed advance + milestone payments.
- Data migration: phase/milestone payments linked to agreed validation.
- Managed services: recurring monthly/quarterly fee with defined due date and support scope.
- Custom development: deposit + milestones + acceptance/launch terms.
- Digital marketing: recurring fee with defined campaign scope and clear treatment of advertising spend.
- Third-party licences: clearly state whether Customer pays vendor directly or Fairchance invoices/rebills the cost.