Terms & Conditions
Description of Service
CreataCRM is a Platform that operates as a CRM (Client Relationship Management) System. It can be used as a standalone CRM system and it can be further customized to suit a specific Business Requirement. I.T. Global Services provides the following Services with CreataCRM: - provision of the platform as a cloud accessible system hosted either locally or elsewhere on your behalf. - installation of the base Platform - customisation of the base Platform to meet a specific business need. - support services related to the Platform including customisations, training, helpdesk, consultancy and advice I.T. Global Services also provides additional or bespoke services that may be purchased separately and are not part of the Services above that are supplied with the CreataCRM product. Following purchase, you may use CreataCRM and the Services for your personal and business use or for internal business purposes in the business entity or organization that you represent. You may connect to CreataCRM using any Internet browser supported by CreataCRM. You are solely responsible for obtaining access to the Internet and the equipment necessary to use CreataCRM.
Subscription to Beta Services
I.T. Global Services may offer certain Services as closed or open Beta Services for the purpose of testing and evaluation. (Beta Services is defined as a product or service that is not yet full completed therefore may see the user experiencines some minor issues with the product/service). You agree that we have the sole authority and discretion to determine the period of time for testing, the process for evaluation of Beta Services, and the outcome. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to purchase a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that CreataCRM will not be liable to you or to any third party for any harm, claims, loss or damage related to, or arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. You agree to these terms and conditions by accepting to proceed with a Beta Services product, accessing it and using it.
User Sign up Obligations
By signing up for the Creata Database System, you agree in full to our Terms and Conditions featured on this page. You agree to sign-up for a user account by providing all required information in order to access or use CreataCRM, the Services, and /or Beta Services. If you represent a business entity or organization and wish to use CreataCRM and the Services for corporate internal use, we recommend that you, and all other users from the same entity or organization, sign-up for individual user accounts by providing the relevant business contact information. In particular, we recommend that you use your business email address and phone contact details. In doing so, you and any other individual user agree to: a) provide true, accurate, current and complete information about yourself and the business entity as prompted by the sign-up process; and b) maintain and promptly update the information that you 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 I.T. Global Services has reasonable grounds to suspect that such information is not true, correct or provided bona fide, then I.T. Global Services may terminate your user account and refuse current or future access to or use of CreataCRM and any and all Services including Beta Services.
Personal Information and Privacy
Personal information you provide in using CreataCRM is governed by these Terms and Conditions and I.T. Global Services' Privacy Policy found at: https://www.CreataCRM.com.au/privacy.html/. Accessing or using the CreataCRM confirms your acceptance of I.T. Global Services Privacy Policy. You are solely responsible for maintaining the confidentiality of your username, password and/or other personal or business information provided to I.T. Global Services. 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 creatasales@creatacrm.com.au We are not responsible in any way for any harm, claims, losses or damage that may have been caused by you or 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 CreataCRM & I.T. Global Services
CreataCRM may include certain communications from I.T. Global Services, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using CreataCRM and the Services. You may opt-out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages that relate directly to the technical or operational aspects of CreataCRM and the Services.
Fees, Invoicing and Payments
For hosted services, subscriptions to CreataCRM are available on monthly plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us in writing at least seven (7) days prior to the subscription renewal date that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card supplied to us by you. If you would like the payment for the subscription renewal to be made using a different Credit Card, you must inform us in writing at least 14 days prior to the renewal date. I.T. Global Services reserves the right to change the hosting fee and to charge for use of services that may be currently available to you free of charge. Development work conducted on your behalf to enhanse CreataCRM will be invoiced in development stages with invoices being provided prior to the commencement of the stage. Progress payments will then be invoiced prior to the commencment of the next stage. We reserve the right to charge the credit card that is held for security on any outstanding or overdue accounts. We reserve the right to charge for interest on any overdue amount at the rate of 1% per month on any overdue accounts. Intellectual Property Rights by the Service Provider to the Customer will not be granted until full payment of all Charges is made by the Customer to the Service Provider. I.T. Global Services reserves the right to descide on the provision of any requested refunds on a case by case basis.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
(i) on-sell, transfer or otherwise make available to any third party the CreataCRM and the Services;
(ii) provide any service based on CreataCRM without prior written permission from I.T. Global Services;
(iii) use the third party links to websites without agreeing to those website's terms & conditions prior to accessing the links;
(iv) post/send links to third party sites or use the logos, company names, or other data from those sites, without prior written permission from I.T. Global Services [from whom?];
or (v) use CreataCRM and Services to send spam or for other illegal or unauthorised purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the content being transmitted through CreataCRM. You agree not to use CreataCRM for illegal or unauthorised purposes or for the transmission of material that is unlawful, defamatory, harassing, invasive of another's privacy, or is abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism or terrorist activities, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use CreataCRM for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. I.T. Global Services reserves the right to terminate your access to and use of CreataCRM and the Services if there are reasonable grounds to believe that you have used CreataCRM for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you with prior notice of such termination and a copy of your current data backup by email. Each account will be treated by us as an independent and separate service when calculating the period of inactivity. In cases where accounts have more than one user, if at least one of the users is active, the account will not be considered as 'inactive'.
Data Ownership
We respect your right of ownership of content created or stored solely by you. Unless specifically permitted by you, your use of CreataCRM and the Services does not grant I.T. Global Services the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for I.T. Global Services' commercial, marketing or any similar purpose. But you grant I.T. Global Services permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform [actions on] the content of your user account solely as required for the purpose of providing CreataCRM and the Services to you.
User Generated Content
You may transmit or publish content created by you using CreataCRM and the Services or otherwise. Without limitation, you shall be solely legally responsible for the content you transmit or publish. You are aware that any content you publish will be accessible via the internet and may be crawled and indexed by search engines. You are legally responsible for ensuring that you do not accidentally make any private content publicly available.
Any content that you may receive from other users of CreataCRM and the Services is provided to you on an ‘as is’ basis for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose without the express written consent of the person who owns the intellectual property rights to such content.
Sample files and Applications
I.T. Global Services may provide sample files and applications to you for the specific purpose of demonstrating the use and application of CreataCRM. The information contained in any such sample files and applications consists of random data. I.T. Global Services gives no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information contained in the sample files and applications.
Variation Requests
Below is a design that represents the Sprint Cycle of Development. This Cycle is based on the achieveable outcomes we have quoted for. We understand things change along the way so we term this a 'Variation Request'. A variation that is requested can be achieved but will be in addition to the quoted amount. These requests are invoiced at $160.00 ex per hour. Please review the below design to gain full understanding of the Development Cycle. We have established that this method is the most efficient and simplistic way of achieving the business requirements you need in your CreataCRM System. Each section (1-8) is elaborated on beneath the design.
1)You (Client) relay your vision for the ideal System to meet key business requirements.
2) After the initial Meeting, we establish a feature list (to-do's) which is achieveable based on the User Story.
3) Sprint Planning (or a Project Plan) is prioritising the feature list. The logical order of tasks to be accomplished by the developers is now in place in readyness for a Development Sprint.
4) Sprinting is where the action begins. Developers begin coding the features and building the framework.
5) After accomplishing the Sprint, a Test & Review is actioned by the development team in partnership with the Champion (you - the client).
6) The Champion provides feedback whereby modifications are actioned aligning with the initial User Story Feature List. In addition, the development team review & test as well for functionality.
7) A Variation Request is an additional request. Usually submitted by the client or suggested by the coder, its typically not part of the initial Feature List. If feasible, it is actioned on the current Sprint Cycle, otherwise it is actioned in the next Sprint.
8) The Development Cycle is finished. The project is now completed and any further rounds of development will be part of a new Sprint Cycle, including any unfinished or new features.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept these Terms & Conditions. If you do not agree to the Terms & Conditions for use of the System, CreataCRM, we ask that you refrain from accessing or using the CRM Product/Services offered. You indicate your agreement to these Terms & Conditions by proceeding with the purchase or usage of CreataCRM and the Services.
These Terms and Conditions may be amended by I.T. Global Services from time to time and be available for view at https://CreataCRM.com.au/terms.html. If the amended Terms and Conditions affect your rights in connection with use of CreataCRM to a substantial or material degree, you may terminate your use of CreataCRM by written notice to I.T. Global Services within 60 days from receiving notice of the amendments to the Terms and Conditions. Your continued use of CreataCRM and the Services after notice of any amendments to these Terms and Conditions has been issued to you will be deemed to be acceptance of the amended Terms and Conditions without any liability on the part of I.T. Global Services.Disclaimer of Warranties
You expressly understand and agree that the use of CreataCRM and the services is at your sole risk. CreataCRM and related services provided on an 'as-is-and-as-available' basis. I.t. global services 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. I.t. global services makes no warranty that CreataCRM and the services will be uninterrupted, timely, secure, or virus-free. Use of any material downloaded or obtained through the use of CreataCRM and the services shall be at your own discretion and risk, and you will be solely responsible for any damage that may be caused to your computer, your system, mobile telephone, wireless device or data that results from the use of CreataCRM and the services or the download of any such material. No advice or information, whether written or oral, obtained by you from i.t. global services, its employees or representatives shall create any warranty not expressly stated in the terms and conditions. complex software is never wholly free from defects, errors and bugs, and the Service Provider gives no warranty or representation that the Application or the relevant software used in the implementation will be wholly free from such defects, errors and bugs;
Limitation of Liability
you agree that i.t. global services shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other losses 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 CreataCRM and the services, even if i.t. global services has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with i.t. global services related to CreataCRM and the services or additional services provided to you shall be termination of such services. In no event or circumstance arising during or following your use of CreataCRM and all related services shall i.t. global services be liable to you for any payment whatsoever, whether direct or indirect, exceeding the fees paid by you for access and use of CreataCRM and/or related services.
Suspension and Termination
We may suspend your user account or temporarily disable access in whole or part to CreataCRM in the event of any suspected illegal or unauthorised activity, extended periods of inactivity or requests by law enforcement or other government agencies to do so. Any objections you may have to suspension or disabling of user accounts should be directed in writing to creatasales@creatacrm.com.au, within 30 days of being notified about the suspension. We have the sole discretion to terminate a suspended or disabled user account after 30 days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny access to and use of CreataCRM and the Services upon a reasonable belief that you may have violated these Terms and Conditions. We also reserve the right to terminate your access to any Beta Service in cases of unexpected or material technical issues or discontinuation of your use of the Beta Service or discontinuation of the Beta Service itself. Termination of user account/s will include denial of access to CreataCRM and deletion of all data and personal/ID information in your user account including your e-mail address and password, and any content contained in your user account.
Modification of these Terms & Conditions
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 https://creatacrm.com.au/terms.html. You may terminate your use of CreataCRM if the Terms are modified in a manner that substantially affects your rights in connection with use of CreataCRM. Your continued use of the CreataCRM after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
END OF TERMS AND CONDITIONS
If you have any questions or concerns regarding this agreement, please contact us at vanessa@databasepartners.com.au
Last updated on: 26, October, 2016