CRM360
12448 Flatlands Ave #1027
Brooklyn, NY 11239
United States
Email: hello@crm360services.com
Website: crm360services.com
Please read these Terms and Conditions carefully before using the services provided by CRM360. By engaging our services, accessing our website, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by the following terms.
1. Interpretation and Definitions
1.1 Interpretation
The words whose initial letters are capitalized have defined meanings as set forth below. These definitions shall have the same meaning regardless of whether they appear in singular or plural form.
1.2 Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- “Client” or “You” means the individual, company, or other legal entity engaging the Company’s services or accessing the Website.
- “Company” (referred to as “the Company,” “We,” “Us,” or “Our”) refers to CRM360, located at 12448 Flatlands Ave #1027, Brooklyn, NY 11239, United States.
- “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by either party to the other during the course of the engagement, including but not limited to business strategies, customer data, technical specifications, pricing, methodologies, and trade secrets.
- “Country” refers to New York, United States.
- “Deliverables” means all work product, documents, configurations, reports, customizations, code, and other materials produced by the Company for the Client as part of the Services.
- “Device” means any device that can access the Service, such as a computer, cell phone, or digital tablet.
- “Services” means any CRM consulting, strategy, implementation, integration, migration, development, customization, optimization, automation, managed services, training, or support services provided by the Company to the Client, as well as access to the Website.
- “Statement of Work” or “SOW” means the written document agreed upon by both parties that describes the specific scope, deliverables, timelines, and fees for a particular engagement.
- “Third-Party Social Media Service” means any services or content provided by a third party that may be displayed, included, made available, or linked through the Service.
- “Website” refers to the CRM360 website, accessible at crm360services.com.
2. Acknowledgment and Acceptance
These Terms and Conditions govern the use of the Company’s Services and Website and constitute the binding agreement between You and the Company. By accessing or using the Service, by signing a Statement of Work, or by otherwise engaging the Company’s services, You agree to be bound by these Terms and Conditions in their entirety. If You disagree with any part of these Terms and Conditions, You must not access or use the Service.
You represent and warrant that You are at least 18 years of age. The Company does not knowingly provide services to individuals under the age of 18. You further represent that You have the legal authority to enter into this agreement on behalf of any company or entity You represent.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, store, and disclose personal information. Please review Our Privacy Policy carefully before engaging Our Services.
3. Scope of Services
The Company provides professional CRM consulting and agency services, including but not limited to CRM strategy and implementation, CRM integration and migration, CRM development and customization, CRM optimization and automation, and CRM managed services and ongoing support. The specific scope of work for each engagement will be defined in a mutually agreed-upon Statement of Work.
Any requests for work outside the agreed-upon SOW shall constitute additional scope. Additional scope will require a separate written agreement and may be subject to additional fees and revised timelines. The Company reserves the right to determine the methods, tools, and processes used to deliver the Services, consistent with industry standards and professional best practices.
The Company may engage subcontractors or third-party specialists to assist in the delivery of Services, provided that the Company remains responsible for the quality of Deliverables and ensures that such subcontractors comply with applicable confidentiality obligations.
4. Client Responsibilities
The success of any CRM engagement depends significantly on the Client’s active participation and cooperation. The Client agrees to:
- Provide timely access to all information, materials, data, systems, and resources reasonably required for the Company to perform the Services.
- Designate a primary point of contact with sufficient authority to make decisions, provide approvals, and communicate on behalf of the Client’s organization.
- Review and provide feedback on Deliverables within the timeframes specified in the SOW or, if not specified, within ten (10) business days of delivery.
- Ensure the accuracy and completeness of all information, data, and materials provided to the Company.
- Obtain any necessary licenses, permissions, or access credentials required for the Company to perform the Services on the Client’s systems or platforms.
Delays caused by the Client’s failure to fulfill these responsibilities may result in adjusted timelines, additional fees, or both. The Company shall not be held liable for any delays, errors, or deficiencies in Deliverables resulting from inaccurate, incomplete, or untimely information provided by the Client.
5. Fees, Payments, and Refund Policy
5.1 Fees
All fees for Services will be disclosed prior to engagement and documented in the applicable SOW or invoice. The Company reserves the right to adjust fees for additional scope or changes requested by the Client outside the original SOW.
5.2 Payment Terms
Unless otherwise agreed in writing, all invoices are due and payable within fourteen (14) days of the invoice date. A non-refundable deposit may be required before work commences, as specified in the SOW.
5.3 Late Payments
Late payments shall incur a late fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance. The Company reserves the right to suspend or cease all work if any invoice remains unpaid for more than fifteen (15) days past the due date. Suspension of work due to non-payment shall not relieve the Client of its obligation to pay for work already completed.
5.4 Refund Policy
Unless expressly stated otherwise in writing, all payments are non-refundable. No refunds will be issued once work has commenced. If the Client terminates the engagement early, the Client remains responsible for payment of all work completed and expenses incurred up to the date of termination.
5.5 Taxes and Expenses
The Client is responsible for all applicable taxes, duties, and government-imposed charges related to the Services. The Client shall also reimburse the Company for any pre-approved, reasonable out-of-pocket expenses incurred in connection with the performance of the Services.
6. Intellectual Property and Ownership
6.1 Company Intellectual Property
All methodologies, templates, frameworks, processes, tools, proprietary software, and know-how used by the Company in the delivery of Services (“Company IP”) are and shall remain the exclusive intellectual property of the Company. Nothing in these Terms or any SOW transfers ownership of Company IP to the Client.
6.2 Client Deliverables
Upon receipt of full payment for the applicable Services, the Client shall receive a non-exclusive, non-transferable, perpetual license to use the final Deliverables solely for the Client’s intended internal business purposes, unless broader rights are expressly granted in the SOW.
6.3 Portfolio and Reference Rights
The Company retains the right to use non-confidential descriptions of work performed, including general project summaries and anonymized case studies, for marketing and portfolio purposes unless the Client provides a written request to the contrary. The Company also retains the right to reuse generalized knowledge, skills, and experience gained during the engagement.
6.4 Client Materials
The Client retains ownership of all pre-existing materials, data, and content provided to the Company for use in connection with the Services. The Client grants the Company a limited, non-exclusive license to use such materials solely for the purpose of performing the Services.
7. Confidentiality
Both parties agree to maintain the confidentiality of all Confidential Information received from the other party during the course of the engagement. Neither party shall disclose, reproduce, or use the other party’s Confidential Information for any purpose other than the performance of obligations under these Terms, except with the prior written consent of the disclosing party.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or (d) is lawfully obtained from a third party without restriction on disclosure.
This confidentiality obligation shall survive the termination or expiration of these Terms for a period of two (2) years, except for trade secrets, which shall be protected for as long as they remain trade secrets under applicable law.
8. Revisions and Approvals
Unless otherwise specified in the applicable SOW, the Company will provide up to two (2) rounds of revisions per Deliverable at no additional charge. Revision requests must be submitted in writing and must clearly describe the changes requested.
Additional revisions beyond the included rounds will be billed at the Company’s then-current standard hourly rate. Deliverables shall be deemed approved and accepted if the Client does not provide written feedback within ten (10) business days of delivery.
9. Term and Termination
9.1 Term
These Terms become effective upon Your first use of the Service or execution of a SOW and remain in effect until all obligations under all active SOWs have been fulfilled, unless earlier terminated as provided herein.
9.2 Termination for Convenience
Either party may terminate an active engagement by providing thirty (30) days’ written notice to the other party. In the event of termination for convenience, the Client shall pay for all work completed, expenses incurred, and any non-cancellable commitments made by the Company up to the effective date of termination.
9.3 Termination for Cause
Either party may terminate these Terms or any SOW immediately upon written notice if the other party: (a) materially breaches any term of this agreement and fails to cure such breach within fifteen (15) days of receiving written notice; or (b) becomes insolvent, files for bankruptcy, or ceases operations.
9.4 Termination of Website Access
The Company may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason, including if You breach these Terms and Conditions.
9.5 Survival
The provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, shall survive the termination or expiration of these Terms.
10. Professional Advice Disclaimer
The Services and any content, materials, consultations, recommendations, or advice provided by the Company are for general informational and consulting purposes only. Nothing provided by the Company constitutes legal, tax, financial, accounting, or other regulated professional advice.
The Client acknowledges and agrees that it is solely responsible for evaluating the accuracy, completeness, and usefulness of any information or recommendations provided and for all decisions made and actions taken based on such information. The Company strongly recommends that the Client consult with qualified legal, financial, or tax professionals before making significant business decisions.
11. No Guarantees and Results Disclaimer
The Company makes no guarantees, representations, or warranties regarding any specific results, outcomes, performance, revenue, growth, lead generation, conversion rates, profitability, or business success resulting from the use of the Services or any Deliverables provided.
Any examples, case studies, testimonials, estimates, or projections shared by the Company are illustrative only and do not constitute a promise, guarantee, or prediction of future results. Individual results will vary based on numerous factors outside the Company’s control, including but not limited to market conditions, client resources, internal adoption, data quality, and third-party platform performance.
12. Limitation of Liability
To the maximum extent permitted by applicable law, the Company’s total aggregate liability arising out of or in connection with these Terms, any SOW, or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total fees actually paid by the Client to the Company during the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred United States dollars (USD $100) if no fees have been paid.
In no event shall the Company, its affiliates, officers, directors, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of business opportunities, business interruption, loss of goodwill, or personal injury, arising out of or related to the use or inability to use the Services, even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, each party’s liability shall be limited to the greatest extent permitted by applicable law.
13. “As Is” and “As Available” Disclaimer
The Website and any digital tools, resources, or platforms provided by the Company are offered on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, and without warranty of any kind. To the maximum extent permitted by law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Company does not warrant that the Website or any digital resource will meet Your requirements, achieve any intended results, be compatible with any other software or systems, operate without interruption, meet any performance or reliability standards, or be error-free. The Company does not warrant that the Website, its servers, or emails sent on behalf of the Company are free of viruses, malware, or other harmful components.
14. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
- The Client’s use of the Services or Deliverables;
- The Client’s business activities, operations, or decisions made based on the Services;
- Any breach or violation of these Terms by the Client;
- Any content, data, materials, or information provided by the Client;
- Any infringement or misappropriation of third-party rights caused by materials provided by the Client; or
- Any negligent or wrongful act or omission by the Client.
15. Links to Other Websites and Third-Party Services
The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. The Company does not endorse any third-party offerings accessible through the Website.
The Client acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or service. We strongly advise You to read the terms of service and privacy policies of any third-party website or service that You visit or use.
16. Data Protection and Privacy
In the course of providing Services, the Company may have access to or process personal data or business data belonging to the Client. The Company shall handle all such data in accordance with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR).
The Client is responsible for ensuring that it has obtained all necessary consents and authorizations for any personal data shared with the Company. The Client shall not provide the Company with sensitive personal data unless expressly agreed upon in the SOW and appropriate safeguards are in place.
17. Independent Contractor Relationship
The Company is an independent contractor and nothing in these Terms or any SOW shall create an employment, partnership, joint venture, or agency relationship between the Company and the Client. The Company’s personnel are not employees of the Client and shall not be entitled to any employment benefits from the Client. The Company is solely responsible for its own taxes, insurance, and benefits.
18. Non-Solicitation
During the term of any active engagement and for a period of twelve (12) months following the completion or termination of such engagement, neither party shall directly solicit or attempt to recruit any employee, contractor, or key personnel of the other party who was involved in the engagement, without the prior written consent of the other party. This restriction does not apply to general public job postings or unsolicited applications.
19. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond the party’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or orders, civil unrest, terrorism, war, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party platforms or vendors. The affected party shall promptly notify the other party and use commercially reasonable efforts to mitigate the impact of the event.
20. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws principles. Your use of the Services may also be subject to other applicable local, state, national, or international laws and regulations.
21. Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter informally through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days of written notice, either party may pursue resolution through binding arbitration administered in New York, NY, in accordance with the rules of the American Arbitration Association. The prevailing party in any dispute shall be entitled to recover its reasonable attorney’s fees and costs.
22. European Union Users
If You are a consumer residing in the European Union, You will benefit from any mandatory provisions of consumer protection law in Your country of residence. Nothing in these Terms shall affect Your statutory rights as an EU consumer.
23. United States Legal Compliance
You represent and warrant that: (a) You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist supporting” country; and (b) You are not listed on any United States government list of prohibited or restricted parties.
24. Severability and Waiver
24.1 Severability
If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.
24.2 Waiver
The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by the waiving party. A waiver of any breach shall not constitute a waiver of any subsequent breach.
25. Entire Agreement
These Terms and Conditions, together with any applicable SOW, Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between You and the Company regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.
26. Changes to These Terms and Conditions
The Company reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time. If a revision is material, the Company will make reasonable efforts to provide at least thirty (30) days’ notice prior to the new terms taking effect. What constitutes a material change shall be determined at the Company’s sole discretion.
By continuing to access or use the Service after revised terms become effective, You agree to be bound by the updated Terms. If You do not agree to the new terms, in whole or in part, please discontinue use of the Service and contact Us to discuss any active engagements.
27. Referral and Affiliate Disclosure
CRM360 may earn referral commissions when You purchase products or services through links on our Website. These commercial arrangements do not influence our editorial recommendations, platform evaluations, or service rankings. We only recommend tools and platforms that our team has genuine, hands-on experience with. Referral links do not result in any additional cost to You.
28. Translation Interpretation
These Terms and Conditions may be translated into other languages for Your convenience. In the event of any inconsistency or dispute between the English version and any translated version, the original English text shall prevail.
29. Contact Us
If You have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:
CRM360
12448 Flatlands Ave #1027
Brooklyn, NY 11239
United States
Email: hello@crm360services.com
Website: crm360services.com
