Terms & Conditions

Welcome to CRMconnect. We are pleased to have you with us and hope you find everything we offer to be of great assistance.

Please carefully read through the Terms as they hold contractual value between you and CRMconnect.ro. CRMconnect.ro is operated by Ventacore SRL and may be referred to as “CRMconnect” or “We” hereafter.

These terms govern the use of the websites and solutions related to these Terms. The term “Sites” refers to any sites or services offered on our Sites.

By simply using and logging into our Sites, you automatically agree to these Terms and the Privacy Policy.

CRMconnect Service & Solutions Usage Terms and Conditions

By subscribing to the services of CRMconnect (“Services”) provided by Ventacore SRL in relation to the CRMconnect Cloud Solution (“Software”), hosted on CRMconnect Cloud platforms (“Cloud Platform”) or on-premises (“Own Storage”), you (“Client”) agree to the following terms and conditions (“Agreement”).

  1. Duration of Agreement

The initial duration of each subscription is specified at the time of account creation. Subscriptions automatically renew at the end of each period for additional periods, unless one of the parties decides otherwise by providing written notice to the other party at least 30 days before the subscription expires.

  1. Definitions

Active User

An active user is a person authorized by the Client to use the Service (Services) including Account administrators, employees, consultants, or any other active user in the Software, who is authorized to access and use the Software. Inactive accounts used by external persons or deactivated accounts that only have limited access in the Software through portal facilities are not considered Active Users.

Application

“Application” is a special function or a group of features available for the Software installation, mentioned in the price list of the CRMconnect website, which is created, developed, licensed, or owned by Ventacore SRL. The term also includes any updates, upgrades, or other changes such as software applications and versions thereof.

Order Form

Means online or offline order forms generated by CRMconnect and/or activation orders for Services in accordance with the CRMconnect Service & Solutions Usage Terms and Conditions.

API

Means the application programming interfaces developed, activated, or licensed to the Provider, which allow the User to access certain functionalities offered by the Service (Services).

Protected Data

Represents personal data received by us from or on behalf of you in connection with fulfilling our obligations under these Terms and Conditions for Using CRMconnect Services & Solutions, excluding any personal data received by us from you in connection with the application of these Terms.

Additional Modules

An additional module is a directory of source code files or a set of customizations (based on PHP) created in a database that adds functions or changes the basic behavior of the software. It may be developed by the Client, CRMconnect on behalf of the Client, or by a third party.

Cost-Based Additional Module

A Cost-Based Additional Module is an Additional Module for which the Client chooses to pay a development fee and possibly maintenance to benefit from support, upgrades, and error correction services.

Bug/Error

Any malfunction of the Software or a cost-based additional module that results in a complete stop, tracking errors, or security breach and is not directly caused by faulty installation or configuration is considered an Error.

  1. Access, Use, and Restrictions on Software

The Client uses the Software hosted in a Cloud infrastructure, which is fully managed by Ventacore SRL and accessed remotely by the Client, or they may choose one of the Self-Hosting/On-premise options.

Depending on the subscription type, cloud resources can be scaled.

Subject to the Client’s compliance with the CRMconnect Service & Solutions Usage Terms and Conditions (including, without limitation, all payment obligations), CRMconnect grants the Client and its Authorized Users the right to access and use the Services and Solutions listed in the Order Form(s) and any other CRMconnect product. The User may access and use such services exclusively for the internal business purposes of the client and only in accordance with the documentation and agreement, as well as any other restrictions or obligations agreed in writing by the parties.

Ventacore SRL undertakes not to disclose individual or named persons to third parties without the Client’s consent and to process all data collected in accordance with the official Privacy Policy, published on the website.

The Client is responsible for maintaining the confidentiality of all usernames and passwords of authorized users created and designated to the Client’s account (“credentials”) and is solely responsible for all activity conducted under these credentials.

After the termination or expiration of the Agreement, the account and any content in the account will become inaccessible. For a period of 30 days after any account cancellation, the Client may request CRMconnect to restore it. After this period, the account and all the Client’s data contained therein will be permanently deleted, and the agreement between CRMconnect and the Client as established by the Client’s Terms will automatically cease. Please be aware that some data may remain in our backup and/or archived in the system for up to 90.

  1. Taxes and Payments

The services are available in the form of monthly or annual subscription plans depending on the duration and number of active users, as specified by the Client through the order forms.

If during the term, the Client has more active users or more applications installed than those specified at the time of signing this agreement, the Client agrees to pay an additional fee equivalent to the applicable rate for active users or applications, for the remaining term.

A new Client will have the right to evaluate any of the subscription packages for a free trial period (depending on the active offer on the site or a personalized offer) with a limited or unlimited number of users. If a Client requests additional users during the trial period, we will only charge for those users.

If the Client wishes to continue using the Platform after the trial period expires, they will choose an appropriate package and make an advance payment for the next period no later than the end of the trial period. If the Client does not do so, CRMconnect has the right to close the Client’s account and the accounts of the Users immediately after the trial period ends, including the right to delete all uploaded content after 45 days and to terminate the contract immediately.

  1. Service Conditions

5.1. Client Obligations

The Client agrees to:

  • make reasonable commercial efforts to prevent unauthorized access to or use of the Service;
  • promptly notify Ventacore SRL in writing of any unauthorized access or use of the Service or Credentials;
  • take all reasonable measures to maintain the security of their accounts, including choosing a strong password and not sharing it with another person;
  • pay to Ventacore SRL any applicable fees for the Services under this Agreement, in accordance with the payment terms specified in the contract signature;
  • in the case of the Self-hosting option, provide Ventacore SRL with the necessary access to verify the validity of CRMconnect usage upon request;
  • take all reasonable measures to protect the Client’s files and database and ensure their data is safe and secure, acknowledging that Ventacore SRL cannot be held liable for any data loss.

If the Client’s data is transmitted to or from the Service via an API, Ventacore SRL is not responsible for any use, disclosure, modification, or deletion of the Client’s data that is transmitted or accessed by third-party products.

5.2. Confidentiality

The term “Confidential Information” refers to all information disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”), whether in writing, electronic, or verbal form and in any format (tangible or intangible), that is confidential, proprietary, or relates to clients or shareholders (whether existing or potential). Confidential Information includes, but is not limited to:

  • any technology-related information such as systems, source codes, databases, hardware, software, programs, applications, protocol engagement, routines, models, displays, and manuals;
  • client information.

For any Confidential Information received during this Agreement, the receiving party must use the same degree of care it uses to protect the confidentiality of its own Confidential Information, but no less than reasonable care.

5.3. Data Protection

“Personal Data”, “Controller”, and “Processor” have the same meaning as in Regulation (EU) 2016/679 and Directive 2002/58/EC and any other regulation or legislation that amends or replaces them (“Data Protection Legislation”).

The Data Processor must keep Personal Data confidential and private, except where the Data Controller has given written consent for the Data Processor to do so. The Data Processor will not disclose any personal data provided to it by or on behalf of the Data Controller to any third party.

Ventacore SRL may use personal data for the following purposes when providing our services:

  • Managing your account (including when you subscribe to one of our Services), assessing your company’s needs to suggest appropriate Services, and responding to service-related requests, questions, or concerns;
  • Preventing or responding to any misuse of our Services or Applications or any breach of the Terms and any applicable laws;
  • Collecting subscription fees.

Processed data includes:

  • Contact information such as the name, email address, correspondence address, IP address, geographic location, or phone number of the Account Administrator;
  • Billing information such as credit card number, bank account, and detailed billing address regarding payments made between us and you;
  • Details of the Services and Solutions purchased from us;
  • Unique identification data such as username, account number, or password;
  • The content of any message you send us via the request service, including via email, phone, or the Website.

We process your personal data for these purposes based on our legitimate interests or the legitimate interest of a third party, ensuring we provide our Services in an effective, safe, and efficient manner. Where we process your personal data to manage your account or collect subscription fees, we do so only for the purposes set out in the contract concluded with you.

This process will be conducted in accordance with the Data Protection Legislation. In particular, Ventacore SRL commits to:

  • Process personal data only according to the Client’s instructions and for the purpose of providing one of the services offered under this agreement, except where required by law; in which case, Ventacore SRL will notify the Client beforehand, except where the law prohibits it;
  • Permanently delete all copies of the Client’s database held by Ventacore SRL or return this information at the Client’s choice, subject to delays specified in Ventacore SRL’s Privacy Policy, after the termination of this Agreement;
  • Notify the Client if processing instructions violate applicable data protection laws, in Ventacore SRL’s opinion;
  • Implement and maintain appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, modification, or disclosure;
  • Ensure that all persons authorized to process personal data within Ventacore SRL have signed a confidentiality agreement.

The Client agrees to accurately provide Ventacore SRL with the contact details necessary to notify the client’s data protection officer.

5.4. Termination

The Client has the right to unilaterally terminate the Contract at any time without cause, by informing the Operator via email or through the Platform.

Ventacore SRL may immediately terminate the Agreement if the Client fails to pay the applicable fees for the Services within 21 days of the specified deadline in the invoice and after sending at least 2 notifications.

  1. Warranties, Disclaimers, Liability

The Service, including the site, application, software, content, and all server and network components, are provided “as is” and “as available” without any comprehensive warranty of any kind and all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement, are disclaimed.

You agree that Ventacore SRL does not guarantee that CRMconnect will operate uninterrupted, timely, securely, without errors or viruses, and no information or advice obtained by you from Ventacore SRL or through the Service will create any warranty not expressly stated in these Terms and Conditions.

  1. Force Majeure

If either party is unable to comply with any of its obligations under this Agreement or to benefit from any of its provisions due to natural disasters or decrees from government bodies beyond the affected party’s control (hereinafter referred to as “Force Majeure Event”), the affected party must immediately or as soon as possible under the circumstances notify the other party and make all reasonable efforts to resume performance. Upon receiving such notice, all obligations under this Agreement shall be immediately suspended. If the non-performance period exceeds 30 days from the notification of the Force Majeure Event, the party whose ability to perform was not so affected may, by written notice, terminate this Agreement.

  1. Severability

If one or more provisions of this Agreement are found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

  1. Governing Law

This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by Romanian law without reference to conflict of law principles. The parties agree to the courts located in Bucharest, Romania as having exclusive jurisdiction and venue to resolve any disputes arising under or in connection with this Agreement.

****When you use our Services, you entrust us with your information. We understand that this is an important responsibility and strive to protect your data and provide you with control.

Document version: V1.00.10082022

Ventacore SRL | Unique Registration Code 35039380 | Registration number J36/333/2022
Tulcea | Romania | juridic [at] CRMconnect.ro

 

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