Comma5 CRM (Pty) LTD TERMS AND CONDITIONS OF SERVICE
(http://new.comma5crm.com/termsandconditions)
THIS MASTER SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND COMMA5 (PTY) LTD GOVERNING THE USE OF THE COMMA5 CRM PLATFORM, INCLUDING ANY APPLICABLE FREE TRIALS. PLEASE READ THIS AGREEMENT CAREFULLY.
BY SIGNING UP TO USE COMMA5CRM AND COMPLETING YOUR REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BUSINESS OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY AND ITS AFFILIATES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO THE ENTITY AND ITS AFFILIATES.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES PROVIDED BY COMMA5 (PTY) LTD.
Acceptance of Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to our Terms, do not use any of our services. It is deemed that You have accepted our terms if you utilise any of our services offered.
Description of Service
Comma5 CRM (“Service” or “Services”) provides a customer relationship management application for businesses. The application enables businesses to manage contacts, sales, service delivery, projects, contracts and billing, and includes a host of additional features. The software consists of an online version (cloud instance) or on-premise version which offers the same functionality.
Subscription to Trial
We offer new clients a free trial subscription (“Trial”) for a limited, maximum period of 60 days. You will be under no obligation to pay in any way whatsoever for this trial period. It affords you the opportunity to ensure you are happy with the offered services before you purchase licences.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the sign up process; and
- maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Comma5 (Pty) Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Comma5 (Pty) Ltd may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to Comma5 CRM through the Service is governed by Comma5 CRM’s PRIVACY POLICY. Your election to use the Service indicates your acceptance of the terms of our PRIVACY POLICY. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@comma5crm.com or by calling us on any of the numbers listed on our contact page. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications from Comma5 CRM
The Service may include certain communications from Comma5 (Pty) Ltd, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments / Refunds
After your free trial period ends, and at the end of each Comma5 CRM subscription period, subscriptions are automatically renewed and billed to the credit card / or any other modes of payments entered in the Comma5 CRM Billing section.
You may elect discontinue this subscription at any time through the aforementioned Billing section, or by communicating with us using info@comma5crm.com Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of your Comma5 CRM subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for.
We reserve the right to modify subscription fees and to charge for the use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted-in for a paid subscription plan.
Customisation, Configuration, Integration and training will incur services fees (separately) as mutually agreed. These fees are not refundable.
Restrictions of use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) transfer or otherwise make available to any third party the Services;
(ii) provide any service based on the Services without prior written permission;
(iii) use the third party links to sites without agreeing to their website terms & conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or
(v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Treatment of Trial Accounts After the Trial Period is Over
If a paid subscription is not created within 14 days after the trial is completed, we reserve the right to delete the trial account and all associated trial data at or beyond the 14 day period.
Data in paid accounts that are cancelled or with payment overdue.
If for any reason we are unable to successfully bill your preferred payment method, we reserve the right to suspend access to your account within 30 days of the failed billing attempt, and to delete your account, users, and all associated data within 60 days of the first failed billing attempt.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Comma5 or any of its partners the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Comma5 CRM’s commercial, marketing or any similar purpose. But you grant Comma5 permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using our Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
Further, by making any content available in the manner aforementioned, you expressly agree that Comma5 will have the right to block access to or remove such content made available by you, if Comma5 receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Comma5 for this purpose.
If you wish to file a complaint, regarding the violation of copyrights, you can send an email to info@comma5crm.com
Sample files and Applications
Comma5 may provide sample data and files for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Comma5 makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to info@comma5crm.com within thirty days of being notified about the suspension.
We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service.
Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
Trademark
Comma5 CRM and Comma5 CRM logo are trademarks of Comma5 CRM. You agree not to display or use, in any manner, the Comma5 trademarks, without Comma5’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS.
COMMA5 CRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Comma5CRM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMMA5CRM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT COMMA5CRM SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMMA5CRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMMA5 CRM RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL COMMA5 CRM’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Comma5 CRM, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by Comma5 CRM.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration laws of Victoria, Australia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and un-appealable. The arbitration shall be conducted in Victoria, Australia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Comma5CRM may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website terms-of-service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
End of Terms and Conditions
LAST UPDATED OCTOBER 2017
If you have any questions or concerns regarding this agreement, please contact us at info@comma5crm.com