Terms of use

1.Grant of software licence

CRMUltimate grants you a non-exclusive, revocable, limited, non-sublicensable licence to use the CRMUltimate software solely in accordance with these terms. The licence begins on the date you first use the Software and Services and continues unless terminated under clause 9.

This Agreement is not a sale of materials to you. It is a non-exclusive, limited licence to use the Software as described above.

You acknowledge that ownership of and title to all intellectual property rights — including patent, trademark, service mark and trade secret rights, and proprietary information — remain with CRMUltimate. You acquire the right to use CRMUltimate and no ownership rights or title in our proprietary information. Copyright in all material on this site is held by CRMUltimate.

Except as stated here, none of that material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written permission. You may display, copy, distribute and download material on this site for personal, non-commercial use only, provided you do not modify it and you keep all copyright and proprietary notices intact. This permission ends automatically if you breach any of these terms, and on termination you must immediately destroy any downloaded or printed material. You may not mirror any material from this site on another server without our permission. Unauthorised use may breach copyright law, trademark law, the laws of privacy and publicity, and communications regulations.

2.Service provisions

Support

We provide support by email for the duration of the licence, and use reasonable efforts to respond initially within 48 hours. Email support is available to licensed users Monday to Friday, 8:00 to 18:00 GMT.

Backup

We maintain backups of customer data but make no claim about their accuracy or reliability. If you need us to retrieve data from our backups we may do so at our discretion and at your cost, except where the loss, deletion or distortion of your data resulted from our negligent act or omission.

Data storage and bandwidth

We reserve the right to limit the storage space used to host your data and the transfer bandwidth available, at our discretion, at any time, with or without notice.

Interruption of service

We cannot guarantee continuous, uninterrupted, fault-free service, and may suspend availability temporarily in order to upgrade, repair or maintain the infrastructure. No reduction in payments is made for temporary interruption, and we are not liable for damages arising from it.

We are not liable for interruption, delay, error or failure in transmission caused by fire, water, riot, terrorism, war, viruses, acts of government or other causes beyond our reasonable control. Because you access the Service over the public internet, temporary disruptions of connectivity will occur from time to time, and we are not liable for interruptions or delays caused by any internet backbone provider.

You may not modify the Software, sublicense it, charge others to use or access it, use it for a service bureau, or use it in any way not expressly authorised by this Agreement.

3.Fees, billing and renewal

1. If you choose a paid account we will request your payment details to add to your registration data. You will be charged on the next first business day of the following month for use of the Service from registration until the charge date. If you sign up on a day other than the first of a month, or terminate mid-month, the monthly fee is pro-rated according to the number of complete days during which you could have used the Service, whether or not you actually used it.
2. All charges exclude local sales, use, personal property and similar taxes, which you pay.
3. All currency references are in UK pounds.
4. While your account remains active and in good standing we will charge and collect fees monthly, quarterly, six-monthly or yearly in advance. Fees are charged even if you never use the Service. You may cancel your account at any time.
5. Amounts past due incur a late charge at 1% per month, simple interest, on the total unpaid balance. Late charges continue to accrue during any collection efforts until the bill is paid in full. If we seek collection of a past due bill, you agree to pay reasonable costs of collection, including reasonable legal fees.
6. Fees are charged in accordance with the prices published on the website at the time of subscription or renewal. We may change prices at any time without prior notice, but will endeavour to give reasonable advance notice by website or email.
7. You must provide current, complete and accurate billing information, and keep it up to date — including changes of billing address or payment method. You must tell us promptly if your payment method is cancelled, or if you become aware of a potential security breach such as unauthorised disclosure or use of your username or password. If you fail to provide this information, we may continue charging you for any service provided under your billing account unless you have terminated your subscription.
8. Failure to pay fees, or to keep valid payment information up to date, may result in suspension or termination of the Service and the destruction of your data.

4.Code of conduct

You warrant, represent and undertake to us that:

• You are a customer of CRMUltimate and have obtained your licence from us.
• You are 13 years old or older. If you are 12 or younger you may not register on this website.
• Material you upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate using our Software or website will not be unlawful, false, harassing, libellous, offensive, defamatory, threatening, obscene or harmful, and will not breach or infringe the rights of any person anywhere in the world, including intellectual property rights.
• You will not transmit or publish content that infringes any patent, trademark, trade secret, copyright or other proprietary right, violates legal rights such as privacy and publicity, or breaches contractual or fiduciary relationships such as inside information or confidential information learned under employment or non-disclosure agreements.
• You will not send unsolicited advertising, surveys, promotional material, junk email, spam, chain letters, pyramid schemes or any other duplicative or unsolicited messages, commercial or otherwise.
• You will not provide inaccurate, incomplete, outdated or misleading registration information, create a false identity, manipulate identifiers to disguise the origin of information, impersonate any person or entity, or misrepresent an affiliation.
• You will not upload or transmit material containing viruses, trojan horses, worms, time bombs or any other code designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment, or to circumvent copy protection, nor any warez, cracks, hacks or related piracy information.
• You will not, and will not permit or assist others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate the Software.
• You will not attempt to gain unauthorised access to the Service, its content, other subscribing organisations' sites or information, or any computer systems, servers or networks connected to the Service, whether by hacking, password mining or any other means.
• You will not violate any applicable local, state, national or international law or regulation, intentionally or otherwise.
• You will not use the Service or Software in any way that could damage, disable, overburden or impair any CRMUltimate server or connected network, or interfere with anyone else's use of it.
• You accept that the internet is an inherently insecure medium for transmitting data and intellectual property, and that transmissions to our service may be monitored, redirected or interfered with by a third party. We have reasonable measures in place to prevent malicious interference but make no representation as to their effectiveness.
• You will not forge headers or manipulate identifiers to disguise the origin of content transmitted through the Service.
• You will not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote cruelty to animals.
• You will not exceed the scope of the Service you have signed up for — for example by using tools you have no right to use, sharing user logins between people, or altering other people's content as an account holder.
• You will not obtain or attempt to obtain materials or information by any means not intentionally made available through the Service.
• You recognise that the internet is accessible to anyone with the technical capability, and that it is impossible to protect entirely against abuse by third parties, including the introduction of viruses. It is your responsibility to ensure your own systems are protected and your connection is secure.
• You understand that all content is the sole responsibility of whoever it originated from. You, not CRMUltimate, are entirely responsible for content you upload, post or transmit through your account. We do not control content posted via the Service and do not guarantee its accuracy, integrity or quality.
• You understand that using the Service may expose you to content that is offensive, indecent or objectionable, and that we are not liable in any way for content, including errors or omissions in it, or for loss or damage resulting from its use.
• You acknowledge that we do not pre-screen content, but that we and our designees have the right — not the obligation — to refuse, move, delete or edit any content available via the Service, and to require a user to do the same, where it violates this Agreement or is otherwise objectionable.
• You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, its use, or access to it, without our express permission.
• You accept full liability for use of your account, including unauthorised use by a third party.
• You accept that we may modify or discontinue the Service, or any part of it, temporarily or permanently, with or without notice, and that we are not liable to you or any third party for doing so.
• No agency, partnership, joint venture, employment or franchise relationship between you and CRMUltimate is intended or created by this Agreement.

If a user is reported to be in violation of the letter or spirit of these terms, we may terminate that account at any time without further warning.

5.Account, password and security

To use the Service you must have an account. Your administrator creates the account number, username and password used to register and log in, and you can change your password at any time after first login.

You are entirely responsible for keeping your login and password confidential, and for all activity that occurs under your account. Tell us immediately of any unauthorised use or other breach of security. We are not liable for loss you incur as a result of someone else using your password or account, with or without your knowledge, and you may be held liable for losses incurred by us or another party in those circumstances. You may not use anyone else's account without the account holder's permission.

6.Privacy policy

You agree to the CRMUltimate privacy policy.

7.Disclaimer of warranties

CRM Ultimate Limited expressly disclaims any warranty for the Service. The Service and any related documentation are provided "as is" and "as available" without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions in the program will be entirely error free or appear precisely as described in the manuals or help files. Use of the Service is at your sole risk, and you are solely responsible for any damage to you resulting from it.

We make no representations about the availability, accuracy, reliability, suitability, completeness or timeliness of our services or the material on this website, or about the results to be obtained from using them. You use this website and our services at your own risk. Changes are made to the website periodically and may be made at any time.

We are not responsible for obsolescence of CRMUltimate that may result from changes in your requirements. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these terms.

Software is complex and by its nature contains some defects. We may or may not attempt to correct such defects at our discretion. This limited warranty is void if failure of the Software resulted from modification, accident, abuse or misapplication.

8.Limitation of liability

In no event will CRMUltimate, its employees, distributors, suppliers, directors or agents be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including lost profits and lost data, arising out of or relating to this Agreement, even where advised of the possibility of such damages. These limitations apply to the maximum extent allowed by applicable law.

You agree that your sole remedy under this Agreement is cancellation of the Service.

You agree to indemnify, defend and hold harmless CRMUltimate, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any third-party claims, liability, damages and costs — including legal fees as incurred — arising from your use of the Service or your account, your violation of this Agreement, or infringement by you or any other user of your account of any intellectual property or other right.

Failure by either party to exercise a right or enforce a provision is not a waiver or forfeiture of it. If any provision is held illegal, invalid or unenforceable by a competent court, it will be amended to achieve as nearly as possible the same economic effect, and the rest of the Agreement remains in full force.

9.Termination, breach, suspension and cancellation

We may terminate the Service for non-payment at any time.

We may also, at our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account, with or without notice, effective immediately — including for violation of the letter or spirit of these terms. You agree we are not liable to you or any third party for such termination.

On suspension or termination your account will be disabled and you may not be granted access to it or to any files or content in it. We may delete your content, although residual copies may remain in our systems for a time for backup purposes. We may also withdraw and reallocate the public web address of your account.

Immediately following termination, for whatever reason, you must stop using the Services and will no longer have access to your data. The provisions of sections 4, 6, 7, 8 and 10 survive termination.

10.Entire agreement and general provisions

This Agreement is the entire understanding between the parties on its subject matter and supersedes all prior understandings and agreements on that subject. We may change these terms at any time by posting modified terms on our website.

This Agreement was prepared in English and the English version controls in all respects; any non-English version is for accommodation only. Our rights and remedies on your breach or default are cumulative and not exclusive of any other right or remedy, and exercising one does not preclude another. Captions and headings are for reference only and are not considered in construing this Agreement.

Notices to you may be given by email or post, and we may also give notice of changes by displaying notices or links on the Service.

11.Governing law and jurisdiction

This notice is governed by and construed in accordance with English law. Disputes arising in connection with it are subject to the exclusive jurisdiction of the English courts.