Terms of Service
Last updated on August 1, 2018.
Welcome to BASCRM. We are happy to have you as a customer.
Please read these terms carefully. The use of the BASCRM Services is subject to acceptance of these Terms and by registering for, accessing and/or browsing our services you acknowledge that you have read, understood, and agree to be bound by these terms.
1. BASCRM Accounts and Content
To create an account you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes, please update your account. If an account is assigned to you by an administrator (for example your employer or educational institution) additional terms may apply to your use. Your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
You are solely responsible for maintaining the confidentiality of your username and password, and are entirely responsible for any and all activities under your account. You agree to notify BASCRM immediately of any unauthorized use or any other breach of security involving your username and password or account. BASCRM will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account.
If you choose to make any of your personal information or content publicly available through the sites or the community you do so at your own risk.
You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. By posting Content, you grant BASCRM permission to use your Content.
We are not responsible for Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
2. Modifications and Termination
BASCRM reserves the right to modify the Site, with or without notice to you. We may add or remove a function or feature, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time.
3. Your Use of the Sites
Please do not use the Site in a way that violates any laws, is offensive, or interferes with the Site or any features on the Site. If determine that you have acted inappropriately, we reserve the right to take down Content and/or your account and prohibit you from using the Site. We can also take appropriate legal actions.
You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
All notices from us intended for receipt by you shall be effective when sent to the email address provided by you. By submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you agree that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
4. Additional Information
4.1 BASCRM may modify these Terms at any time. By continuing to use or login to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
4.2 These Terms are governed by and construed in accordance with the laws of the United Kingdom. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in the United Kingdom, and you further expressly agree to submit to the personal jurisdiction of such court for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
4.3 Communications Responsibilities.
You shall be responsible for the content of all communications sent through the Services, and shall comply with all applicable laws and regulations in Your use of the Services. You agree that You will not use the Services to communicate any message or material that (i) is libelous, harmful to minors, obscene or constitutes pornography; (ii) infringes the intellectual property rights of a third party or is otherwise unlawful; or (iii) would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offence under any applicable law or regulation. You further agree that You shall not use the Services for the purpose of making emergency calls or providing emergency services.
4.4 BASCRM Voice Responsibilities.
You are solely responsible for Your operation of BASCRM Voice in compliance with all applicable laws in all jurisdictions governing use of the BASCRM Voice service by You and Your End Users, including but not limited to telephone recording and wiretapping laws and consumer and/or data protection laws.
5. Third Party Services
5.1 Acquisition of Non-BASCRM Products and Services.
We acknowledge that Third Party Services may be made available to You from time to time by BASCRM and/or third parties - If you decide to enable, access or use Third Party Services, be advised that Your access and use of such Third Party Services are governed solely by the terms and conditions of such Third Party Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or Process data (including Data) or any interaction between You and the provider of such Third Party Services. You irrevocably waive any claim against BASCRM with respect to such Third Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services.
5.2 Third Party Services and Your Data.
You further acknowledge that if You acquire Third Party Services for use with Your Subscription, BASCRM may allow the providers of such services to access Your Data in order to allow such applications to interoperate with the Services and You hereby authorize BASCRM to provide Your Data to such providers in the event You enable Third Party Services. BASCRM shall not be responsible or liable for any disclosure, modification or deletion of Your Data resulting from any such access by Third Party Service providers.
The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on quarterly or annual payment intervals, unless agreed otherwise between parties. Your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your one-time payment or subscription fee at any time. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.
6.2 Changing Plans.
Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier. In such an event, the Client’s credit card on file with BASCRM will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.
6.3 Free Trial.
A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by BASCRM in co-operation with its partners. If the parties have not agreed otherwise, the default Plan for the Free Trial shall be the Plan with the lowest rate of Fee.
The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, BASCRM has the right to permanently delete the Account, including all Client Data therein.
In addition to the current collection of Plans, BASCRM may offer special discounts and motivation schemes (for example finder’s fees, etc.).
6.4 Overdue Payments.
Any payment not received by the due date shall accrue interest at the lower of 1.5% or the maximum rate permitted by law on the outstanding balance, per month (except with respect to charges then under reasonable and good faith dispute) from the date such payment is due until the date paid.
6.5 Suspension of Platform Access and Service.
If Your Account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any other rights and remedies (including the termination rights set forth in this Agreement), BASCRM reserves the right to suspend Your access to the Services and BASCRM’s performance of Services, without liability to BASCRM, until Your Account is paid in full.
Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction
7. Mobile Apps
BASCRM may offer applications that allow You to access the Services on Your mobile device, including, for example, Windows Phone and devices running the Android or iOS operating system. Mobile devices must be purchased separately and are not included in Your Subscription. BASCRM mobile apps require an active internet connection, and may incur data charges with Your wireless carrier, including roaming charges where applicable. BASCRM mobile apps may collect technical data, including information about application crashes and usage statistics, and may use certain third party libraries or modules. Any such mobile apps offered by BASCRM shall constitute part of the Services, and as such their usage is subject to the terms and conditions of this Agreement.
9. Limitation of liability
We promise to do our very best to deliver services to you. We provide the site “as is” and make no specific promises or commitments about the content, the specific function or their reliability, availability or ability to meet your needs.
To the extent permitted by law, we exclude all warranties. BASCRM shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the sites or any third party's use of the site. These include damages for lost profits, lost data, computer failure or the violation of your rights by any third party.
9.1 limitation of liability.
Neither party shall be liable for any cause related to or arising out of this agreement, whether in contract, negligence or tort, in excess of (i) for claims based on professional services provided under an sow, the total professional services fees paid or payable by you under such sow in the twelve (12) month period immediately prior to the date the cause of action arose; and (ii) for claims based on the services or this agreement generally, the total subscription fees paid by you under this agreement during the twelve (12) month period immediately prior to the date the cause of action arose.
9.2 Exclusion of consequential and related damages.
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to this agreement, or their affiliates, officers, directors, employees, agents, service providers, suppliers or licensors be liable to the other party or any affiliate for any lost profits, lost sales or business, lost data, (being data lost in the course of transmission via your systems or over the internet through no fault of BASCRM ), business interruption, loss of goodwill, or for any type of indirect, incidental, special, exemplary, consequential or punitive loss or damages, or any other loss or damages incurred by the other party or any affiliate in connection with this agreement, the services or professional services, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
10.1 Indemnification by BASCRM .
BASCRM shall indemnify and hold You harmless against any loss, damage or cost (including reasonable attorney’s fees) incurred in connection with claims, demands, suits or proceedings (“Claims”) made or brought against You by a third party alleging that the Services, used as contemplated hereunder, infringes the intellectual property rights of a third party. Notwithstanding the foregoing if BASCRM reasonably believes that Your use of any portion of the Services and/or related support is likely to be enjoined by reason of a Claim of infringement, violation or misappropriation of any third party’s intellectual property rights then BASCRM may, at its expense: (i) procure for You the right to continue using the Services or support; (ii) replace the same with other software, services or other material of equivalent functions and efficiency that is not subject to an action of infringement; or (iii) modify the applicable software, support services or other material so that there is no longer any infringement or breach, provided that such modification does not adversely affect the functional capabilities of the Services and/or support as set out herein. BASCRM shall have no liability respecting any Claim of infringement or breach as aforesaid to the extent such Claim is based upon the combination, operation or use of the Services or support with other equipment or software not supplied by BASCRM or in a manner not consistent with BASCRM’s instructions.
10.2 Indemnification by You.
You agree to indemnify and hold BASCRM harmless against any loss, damage or costs (including reasonable attorney’s fees) incurred in connection with claims made or brought against BASCRM, including its affiliates, parent company, officers or directors by a third party arising from or relating to (i) Your breach of this Agreement, or (ii) Your use of Your Data or the Services.
10.3 Mutual Provisions.
Each party’s indemnity obligations are subject to the following: (i) the aggrieved party shall promptly notify the indemnifier in writing of the Claim; (ii) the indemnifier shall have sole control of the defence and all related settlement negotiations with respect to the Claim (provided that the indemnifier may not settle or defend any Claim unless it unconditionally releases the aggrieved party of all liability); and (iii) the aggrieved party shall cooperate fully to the extent necessary, and execute all documents necessary for the defence of such Claim.
11. Term and termination
11.1 Term of Agreement.
This Agreement commences on the date Customer first accepts it and continues until all subscriptions hereunder have expired or have been terminated.
11.2 Term of Purchased Subscriptions.
The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any renewal term will increase by up to 5% above the applicable pricing in the prior term, unless BASCRM provides Customer notice of different pricing at least 60 days prior to the applicable renewal term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at BASCRM's applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in repricing at renewal without regard to the prior term’s per-unit pricing.
You can stop using our Services any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others' use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to Your Data that is stored with the Service.
BASCRM is Available "as-is" though we want to provide a great service, there are certain legal commitments we can't make. for example, the services and software are provided "as is", at your own risk, without express or implied warranty of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. BASCRM will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services or software.
A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
11.4 Refund or Payment upon Termination.
If this Agreement is terminated by Customer in accordance with the “Termination” section above, BASCRM will refund Customer any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by BASCRM in accordance with the “Termination” section above, Customer will pay any unpaid fees covering the remainder of the term of all Order Forms to the extent permitted by applicable law. In no event will termination relieve Customer of its obligation to pay any fees payable to BACRM for the period prior to the effective date of termination.
12. Warranties and Disclaimers
Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
12.2 Functionality Warranty.
BASCRM warrants that, during the Subscription Term, the Services will perform materially in accordance with the then-current version of the applicable Documentation provided by BASCRM .
12.3 Security Warranty.
BASCRM or it licensors or hosting providers have implemented commercially reasonable efforts to ensure that Your Data will be maintained accurately and safeguarded as well as technical and physical controls to protect Your Data against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by BASCRM, whether by accident or otherwise.
12.4 Professional Services Warranty.
BASCRM warrants that it will perform the Professional Services related to each deliverable in a competent and workmanlike manner and in accordance with generally accepted industry standards for similar types of services.
13. General Terms
Any notices or other communications provided by BASCRM under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms or the Services, please contact BASCRM at firstname.lastname@example.org.