The terms and conditions set out below (“Terms of Service”) govern your use of the OnePageCRM website (www.onepagecrm.com) (this “Site”) and any OnePageCRM solution, product, system, application or software (the “Software”) (together, the “Service”) made available to you by us.
For these purposes, the developer of the Software and the Service is Novus Via Limited t/a OnePageCRM, a private company incorporated in Ireland under company number 457640 with its registered office address at Unit 30A Kilkerrin Park 1, Liosban Industrial Estate, Tuam Road, Galway H91 XY29, Ireland (“Novus Via” or “we” or “us” or “our”).
By using this Site, installing the Software and/or subscribing for the Service, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use this Site, install the Software or use the Service.
To register and use the Service, you must:
You are responsible at all times:
Novus Via reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are as displayed at this Site or notified to you from time to time and may be subject to change at any time on 30 days’ notice. Such notice may be provided to you at any time by posting the changes to this Site or the Service itself.
To the maximum extent permitted by Applicable Law, Novus Via shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
A valid credit or debit card is required for paying accounts.
All fees for the Service will be billed to and payable by you in advance on a monthly or annual basis. OnePageCRM is a low-cost service, therefore, there will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. We adhere to a limited refund policy that includes:
If you are unhappy with our service for any reason please contact us at email@example.com and we will review your case and use means in our power to counteract your dissatisfaction.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the European Union for VAT where a valid tax exemption applies.
Subject to these Terms of Service, you may cancel your account at any time by logging into OnePageCRM and selecting ‘Users and Billing‘ from the gear icon drop-down. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
Your account will continue and monthly or annual subscription fees and charges will continue to accrue until such time as your account is canceled or terminated in accordance with these Terms of Services.
If you delete your OnePageCRM account, all of your content will be immediately deleted from the Service. Deleted accounts can be restored by request of the Account Owner to OnePageCRM for a 14-day period. Deleted accounts cannot be recovered following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database.
If you are a paying customer who wishes to downgrade your subscription, you will have access to your OnePageCRM account until the end of your current billing period and you will have an option to export your data after your billing period has ended for up to 12 months. After this period your account will be automatically deleted. Deleted accounts can be restored by request of the Account Owner to OnePageCRM for a 14-day period. Deleted accounts cannot be recovered following this 14-day period.
OnePageCRM reserves the right to terminate any trial accounts without a payment method thirty (30) days after expiration.
Novus Via may terminate your account at any time upon notice should you violate these Terms of Service or otherwise fail to comply with your obligations hereunder. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Novus Via customer, client, employee, member, or officer will result in immediate account termination.
You expressly acknowledge that the Site, the Software and the Service developed by or on behalf of Novus Via each contain information, text, files, software, applications, code hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other material (the “Materials”) that are protected by copyright, trademarks, trade secrets, patents, designs or other proprietary and intellectual property rights (the “IPR”), and that these IPRs are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the Materials, the Site, the Software, the Service and all IPR therein are and shall remain the exclusive property of Novus Via and our licensors.
Upon registration and during the continuance in force of your account, Novus Via shall and hereby grants you a non-exclusive, royalty-free, non-transferrable, revocable license under the IPR in the Software and the Service to use the Software and/or the Service for your internal business purposes only, with the right to permit your authorized users to use the Software and/or the Service all subject to and in accordance with these Terms of Service.
Except as explicitly granted in these Terms of Service, no license, immunity, or other right is granted or assigned under these Terms of Service, either directly or indirectly, by implication, estoppel or otherwise, to you with respect to any IPR of Novus Via Limited.
You will not at any time and you will procure that your authorized users will not at any time:
Your content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your content may cause to you, your authorized users or other people, companies or organizations. We claim no intellectual property rights over the new material you independently create and provide to the Service. Your profile and materials uploaded remain yours. You will, and you will procure that your authorized users will, use the Software and/or the Service and exercise your rights under these Terms of Service in accordance with all Applicable Laws (including without limitation copyright laws and Data Protection Legislation).
Novus Via does not pre-screen content, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit without notice any content posted or stored on the Site that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time. You are solely responsible for maintaining copies of and replacing any content you post or store on the Site.
The data can be fetched during the creation or editing of contacts when a valid email address is matched by a third-party provider. You grant OnePageCRM all rights to use the submitted contact’s email address to find matching information.
Permitted use of enhanced data
To the extent the Site, the Software and/or the Materials include or refer to any third party materials, the ownership of such third party materials shall be vested in the third party(s) concerned. Novus Via is in no way responsible for the content, accuracy or reliability of any such third-party materials.
Your use of the Service and the Software is at your sole risk. The Service and the Software are provided on an “as is” and “as available” basis.
Novus Via does not warrant that (i) the Service and/or the Software will meet your specific requirements, (ii) the Service and/or the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service and/or the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service and/or the Software will meet your expectations, and (v) any errors in the Service and/or the Software will be corrected.
To the maximum extent permitted by Applicable Law and without prejudice to or limiting the parties’ respective obligations under Schedule 1 in relation to the processing of Customer Personal Data (as defined in Schedule 1), you expressly acknowledge and agree that Novus Via shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Novus Via has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, the Software and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service, the Software and/or the Site.
Technical support is only provided during the trial period and to paying account holders. Support is only available via email, live chat and over the phone.
In some cases, it is necessary for Novus Via employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Novus Via employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as such in your communication with our support team and those requests will be honored to the extent possible.
You understand that Novus Via uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Accordingly, you understand that the technical processing and transmission of the Service, including your content, involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Novus Via) of other Novus Via customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
To the extent that Novus Via is processing Customer Personal Data (as defined in Schedule 1) as part of the Service, the terms contained in Schedule 1 will apply.
In the event of any conflict or inconsistency between these Terms of Service and Schedule 1, Schedule 1 shall prevail to the extent the conflict or inconsistency relates to the processing of Customer Personal Data. In respect of all processing of Customer Personal Data carried out pursuant to Schedule 1 the parties agree that Novus Via is the processor and that you (as the customer) are the controller. The parties shall comply with and process all Customer Personal Data in accordance with applicable Data Protection Legislation.
These Terms of Service are governed by the laws of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Irish courts.
The Terms of Service (and all documents referred to herein) constitutes the entire agreement between you and Novus Via in relation to your use of the Site and/or the Service, superseding any prior agreements between you and Novus Via (including, but not limited to, any prior versions of the Terms of Service). The failure of Novus Via to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The relationship between Novus Via and you is that of independent contractors.
Questions about the Terms of Service and/or Schedule 1 may be sent to OnePageCRM, Unit 30A Kilkerrin Park 1, Liosban Industrial Estate, Tuam Road, Galway H91 XY29, Ireland or by email to firstname.lastname@example.org. OnePageCRM is a trademark and registered business name of Novus Via Limited.
This Schedule forms part of and should be read in conjunction with Novus Via’s Terms of Service. To the extent that Novus Via is processing Customer Personal Data (as defined below) as part of the Service, the terms contained in this Schedule will apply.
In respect of all processing of Customer Personal Data carried out pursuant to this Schedule the parties agree that Novus Via is the processor and that you (as the customer) are the controller.
The parties shall comply with and process all Customer Personal Data in accordance with applicable Data Protection Legislation.
Under this Schedule, capitalized terms shall have the meanings given below:
“Applicable Law” means (i) any and all laws, statutes, and regulations that apply to the performance and supply of the Service or the processing of Customer Personal Data, and (ii) the terms and conditions of any applicable approvals, consents, exemptions, filings, licenses, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in that matter.
“Customer Personal Data” means personal data provided or made available by you to Novus Via, or collected or created for you, in connection with the Service.
“Data Protection Legislation” means all Applicable Laws and binding codes of practice applicable to the processing of personal data including the GDPR.
“DP Losses” means all liabilities, including all:
“Permitted Data Transfers” means the transmission of data through a network, or any communication, copying or transmission of Personal Data from one medium to another, irrespective of the type of support, where the Personal Data are intended to be processed and/or stored in a Third Country.
“Processing Instructions” has the meaning set out in clause 3(a) of this Schedule.
“Security Incident” means the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to, Customer Personal Data while in the custody of Novus Via or a Sub-Processor.
“Sub-Processor” means another processor engaged by Novus Via for carrying out processing activities in respect of the Customer Personal Data on your behalf.
“Third Country” means all states that are not members of the European Economic Area (EEA) or which have not been recognized by the European Commission as providing an adequate level of protection for Personal Data.
“controller”, “data subject”, “personal data”, “processing” and “processor” have the meanings set out in the GDPR (and related terms such as “process” have corresponding meanings).
3.1 In relation to your use of the Service, Novus Via shall:
3.2 Novus Via may engage a Sub-Processor to carry out processing activities in the provision of the Service or to fulfill certain obligations of Novus Via under the Terms of Service. In the event of the addition of a new Sub-Processor or replacement of an existing Sub-Processor in respect of such processing activities, and where Novus Via is required by Data Protection Legislation to inform you of those changes Novus Via will give you at least ten (10) working days’ prior notice, in order to give you the opportunity to reasonably object to such changes during such notice period. You may object to Novus Via appointment or replacement of a Sub-Processor prior to its appointment or replacement, provided such objection is based on reasonable grounds relating to data protection. In such event, Novus Via will either not appoint or replace the Sub-Processor or, if this is not reasonably possible, in Novus Via’s sole discretion, you may suspend or terminate your subscription without penalty (without prejudice to any fees incurred by you up to and including the date of suspension or termination).
3.3 Where Novus Via authorizes a Sub-Processor as described in Clause 3.2 above, Novus Via will enter into a contract or other legal act with the Sub-Processor and will impose upon the Sub-Processor substantially the same legal obligations as under this Schedule to the extent required by Data Protection Legislation and that the Sub-Processor is carrying out the relevant processing activities. Where the Sub-Processor fails to fulfill its data protection obligations under such a contract or legal act, Novus Via shall remain liable to you for the performance of that Sub-Processor’s obligations.
3.4 After the business purposes for which the Customer Personal Data was processed have been fulfilled (or earlier upon your written request) we shall, at your option, either delete or return all Customer Personal Data and delete any existing copies of the same (unless storage of such copies is required by Applicable Law).
You warrant and represent to Novus Via that:
Novus Via shall:
We shall, without undue delay, notify you if we become aware of a Security Incident and shall (at your expense) provide such further information and assistance as you reasonably require in handling and responding to such notifications in accordance with our obligations under Data Protection Legislation.
Subject to reasonable written advance notice from you or as may otherwise be required by law we shall:
The cost of such audit, inspection, provision of information or data protection impact assessment shall be borne by you. You may require us to conduct an audit or inspection of the Sub-Processor’s systems and processes in relation to the processing of the Customer Personal Data. The cost of such an audit or inspection shall be borne by you.