Authorization and Acceptance
By accessing or using the FiveCRM services, the Customer confirms acceptance of and agreement to be bound by this Agreement.
The individual accepting this Agreement represents and warrants that they have the authority to bind the Customer.
The Customer represents and warrants that:
If an individual, they are at least eighteen years of age
They have no competitive relationship with FiveCRM that creates a conflict of interest
They will not use the Service for benchmarking, monitoring, or competitive analysis
They have not previously breached an agreement with FiveCRM
They unconditionally agree to this AgreementService Description
The Service consists of access to the FIVE CRM application and database system hosted on FiveCRM servers.
FiveCRM may use affiliates, agents, or subcontractors to deliver the Service while remaining fully responsible for performance.
FiveCRM will use commercially reasonable efforts to host systems in secure data centers.
Customer data will be hosted in the United States or European Union depending on Customer requirements. European customers will have data hosted in the European Union by default.
Target system availability is ninety nine percent excluding planned maintenance, emergency maintenance, or outages caused by third party attacks. Planned maintenance will normally occur outside standard business hours.
FiveCRM will provide system documentation at or before service commencement.
FiveCRM does not guarantee absolute data security or integrity of data transmitted by end users.
Customer support is provided via email ticketing and telephone during UK business hours. Telephone support is subject to fair use. On site support is chargeable with prior written approval.
FiveCRM support is limited to the FIVE CRM application and database and excludes hardware and third party software.
Integrations with third party applications are excluded unless agreed in writing.License
Licenses are concurrent user licenses limited to the number purchased.
No ownership rights are transferred. All intellectual property remains with FiveCRM.
Licenses are non transferable except to wholly owned subsidiaries or parent companies.
License rights apply for the paid subscription period specified in the invoice.
Intellectual Property and Copyright
All software and documentation are owned by FiveCRM and protected by copyright law.
The Customer shall not copy, reverse engineer, decompile, sub license, rent, sell, or create competing or derivative systems without written consent.
Fees and Payment
The Customer shall pay all fees and applicable taxes as invoiced.
Invoices are payable in advance on a monthly basis unless otherwise agreed.
Late payments incur interest at two percent per month.
Additional licenses are billed monthly and prorated for partial months.
License reductions take effect only at the end of the annual term with thirty days written notice.
Data storage is subject to fair use.
All payments are non refundable.
Billing disputes must be raised within sixty days.
FiveCRM may suspend access for non payment.
Data will be deleted thirty days after termination.
Fee changes for renewal terms require thirty days notice.
Term and Renewal
This Agreement has a minimum term of twelve months commencing from the first service invoice date.
The Agreement automatically renews for successive twelve month terms unless terminated with at least thirty days written notice prior to the end of the current term.
Licenses may be increased during the term and will roll into the renewal.
License quantities may not be reduced during an active term.
Customer Obligations
The Customer is responsible for password security and authorised access only.
The Customer shall not disrupt, misuse, or interfere with the Service.
The Customer is responsible for compliance by all users.
The Customer shall not resell or commercially exploit the Service.
FiveCRM may suspend or terminate services for material breach following reasonable notice where possible.
Warranty
FiveCRM warrants it will perform the Service with reasonable care and skill.
FiveCRM does not warrant uninterrupted or error free service.
All other warranties are excluded to the maximum extent permitted by law.
FiveCRM will defend valid intellectual property infringement claims subject to Customer cooperation.
Limitation of Liability
Total liability of either party is limited to one month of fees paid for the affected Service.
Neither party shall be liable for indirect or consequential losses including loss of profit or data.
Data Protection
The Customer is the Data Controller and FiveCRM is the Data Processor.
Both parties shall comply with applicable data protection laws.
Customer data will be deleted within thirty days of termination unless requested sooner.
Confidentiality
Each party shall keep confidential all non public information and use it only for performance of this Agreement.
Confidentiality obligations survive termination.
Termination
Either party may terminate at the end of the annual term with thirty days written notice.
Either party may terminate immediately for material breach not remedied within fifteen days.
All outstanding fees become immediately due on termination.
Dispute Resolution and Governing Law
Disputes shall be escalated through account management and then resolved by arbitration if required.
This Agreement is governed by the laws of England and Wales.
General
This Agreement constitutes the entire agreement.
Amendments must be in writing.
Invalid provisions do not affect the remainder.
Neither party may solicit the other party’s employees during the Agreement and for one year after termination.