TERMS OF SERVICE
Last updated: 14th September 2021
No recent changes
This document describes the terms under which First Strike Solutions provides the SteelCRM online software product and related services to clients. These terms form an agreement between us and our clients. By using this product, you agree to these terms.
These terms of service may be varied by us from time to time. They are available in the product footer at all times. We will endeavour to inform clients of any change in these terms either by direct contact or in-product messages, however the current terms will prevail regardless of any notification provided (or lack thereof).
SteelCRM is available within certain functional limits at no charge. Those limits are relaxed for clients who pay for upgraded pricing plans. Some of these terms of service apply differently to client using the free pricing plan. Any differences are described below.
Certain words used in these terms have particular meanings as described in the Definitions section towards the end of these terms.
We will treat all information supplied to us by the client or entered into the product database as confidential except as expressly agreed by the client, unless we are compelled by law to reveal such information. The information we shall treat as confidential includes knowledge of the client's business processes and the identity of client staff. We will take all reasonable measures to protect the confidentiality of this information, and will inform the client promptly if we become aware of any breach of this undertaking. We need not treat information as confidential if we are already aware of the information, if it publicly available, or if we become aware of it in some other manner not associated with the client.
Copyright & Intellectual Property Rights
We retain ownership of the copyright and other intellectual property rights in all software created or developed by us for our clients, including the source code and any related documentation or material.
The software may be used by clients in the operation of a business or organisation they own or control, or for their own personal use. Users are not permitted to use the system to provide services to third parties.
SteelCRM is provided as a free service within functional limits under the "free" pricing plan. The client may change their pricing plan at any time by paying to operate under a higher or lower level plan for defined period, or due to the expiry of the paid period causing reversion to the free plan. When a client changes pricing plans before expiry of the current period, any days remaining will extend the period of new plan, prorata based on the relative monthly cost of the two plans. All rounding is in the clients favour, so that clients will never lose money by renewing or changing their plan early.
All payments are non-fundable, subject to the provisions of Australian and New South Wales consumer laws. We offer discounts for longer term plans, and clients have the option to choose more frequent payments to manage their cost commitment.
We currently do not offer an automatic debit system, to avoid unintended or unsuccessful charges. The system will remind clients on the screen about the impending expiry of a paid pricing plan and it is their responsiblity to initiate the process to pay for renewal of their current plan. We may also send emails to the account primary user to remind the client of the impending plan expiry.
If a client accidentally allows the plan to lapse, they may continue to use the system under free plan (with the applicable restrictions), or upgrade to a paid plan when they choose to.
All data is backed up daily and copied to other servers under our full control. We do not use third party cloud data storage services but retain the data on virtual servers provided to us by our hosting provider. Archived data is encryped using a strong encryption key.
These processes are primarily intended to protect us and our clients against a disastrous loss of data or damaging security breach attributable to us or our hosting providers, and ensure that we can restore all services to normal with a few days in a worst-case scenario. They do not facilitate simple restoration of data lost due to client errors or internal bad actors, however we can offer individual data restoration services based on what archived backup data is available as a separate paid service in such cases.
Where functional limits are reduced due to a downgrade of plan status, the client will retain access to all of their data under the terms of the free plan. Existing data is never lost or locked due to a plan downgrade or expiry, however they may not be able to enter new data or operate some system functions.
If no user has logged onto an account for over 12 months, we reserve the right to suspend or delete the account, in order to protect the privacy of the disused data and reduce our resources. The data for that account will be retained as part of our data retention processes and may be used to restore the account to the last used state. Restoration of a disused account may incur a service fee which must be agreed to before such work proceeds.
The account primary user may use an product function to delete their account entirely. To avoid accidental data loss, this will not actually delete the data but will flag the account for deletion. We will attempt to contact the account holder to confirm that they wish the account to be deleted entirely. If we cannot contact the account holder, we will delete the account after the usual daily backup process. The data is retained within our general data archive systems but is not available for online access. If a client formally and explictly requires that we remove all record of their data, we may charge a service fee to remove all copies of that data from our archives.
We will implement reasonable security measures to prevent access to data by unauthorised parties.
Most data security breaches are caused by client procedures such as leaked or shared passwords, or internal bad actors. Some are caused by attacks on network infrastucture. Some may be caused by application design faults. We accept no liability for damage caused by external bad actors, including where our software or our service providers failed to protect our clients against such actions.
If we become aware of a data security breach, we will inform all clients potentially affected as soon as we are able to do so, and then work to assess the scope of the breach and prevent reoccurrence. We will cooperate with and assist any official reporting the client is required to undertake. We may offer to provide services at no charge to investigate or mitgate the impact of a data security breach. Any support we offer or provide does not imply acceptance of any blame for the breach.
Clients must refrain from using the system for illegal activities, including (but not limited to) uploading of offensive content; sending offensive, threatening, defamatory or fraudulent emails; and harassing recipients with unsolicited email.
Clients must use the system resources in a manner consistent with the guidance provided by us from time to time, including (but not limited to) email sending volume and data storage volume.
Clients must refrain from any action which results in legal action against us. The client agrees to indemnify us from third party claims caused by the client's use of the product, even where our actions or deficiencies in the product are partly to blame for events triggering the legal action.
We will provide limited support for the product at no charge in order to promote sales decisions, investigate system bugs or discuss requests for product improvements. While the amount of free support we offer may be influenced by the pricing plan the client has committed to, we make no guarantees as to what level of support will be offered to any client free of charge.
The system is very easy to access and use, and we expect that most users will not require detailed training. We will be developing online resources to support the product and we welcome feedback and suggestions as to how that documentation could be improved. We may provide some training via online meeting or in person, and this may be offered free of charge or for an agreed service fee.
Limitation of Liability
Clients use this product at their own risk.
Online data services are under constant highly skilled, well resourced and often state-sponsored attack. No entity can credibly guarantee to protect their clients or constituents from data breaches. We accept no liability for failing to protect clients against these threats.
We accept no liability for damages, losses and expenses caused to the client by First Strike Solutions (including caused as a result of use of any software developed or provided by us) whether direct, indirect or consequential. We may agree to correct or assist in the correction of a problem free of charge. This will not imply any admission of fault on our part, and we hereby exclude all liability including in respect of our negligence or that of our employees, agents or subcontractors.
We shall use reasonable skill and care in the performance of the services provided by us. We take reasonable measures to help ensure that software developed or provided by us works correctly as described and does not cause harm or loss to clients. However, we do not warrant or represent that any software developed or provided by us is error-free.
'First Strike Solutions', 'we', 'us' and 'our' refers to First Strike Solutions Pty Ltd ACN 105 378 336.
'product' refers to SteelCRM online customer relationship management system.
'client' refers to the legal entity to which the product and service are provided.