Terms of Service
This is an agreement between end user and MiniCRM. MiniCRM reserves the right to change the terms of service as needed.
MiniCRM will notify Customer when significant changes are made to any policies under the MiniCRM Terms of Service by means of either the online interface of MiniCRM or via e-mail to Customer’s e-mail address, currently on file on Customer’s Profile page.
1. Signing up for MiniCRM
The online “software as a service” application provided by MiniCRM is available for all those who have signed up at the website of MiniCRM and are real persons or entities with full legal and law capacity.
By signing up, Customer states that he is
- at least 18 years old and is either a real person or
- the representative of a business
- signing up by providing valid information of himself or of the business which he represents.
Customers cannot use MiniCRM in any practice that is, according to MiniCRM’s sole discretion, unlawful, immoral or otherwise objectionable. Customer must provide valid, relevant data at signup. MiniCRM reserves the right to suspend or terminate Customer’s account and deny Customer any further access to MiniCRM online service in case the data provided by customer turns out to be (partly) false/invalid. At signup Customer receives an email containing an activation link. To avoid unintentional signup, Customer can only activate his signup by clicking on the link.
MiniCRM is an online service that supports teamwork. Each Customer uses a separate MiniCRM system to store his data. Only a user with Admin role can grant colleagues access to Customer’s system by activating a user for each colleague. Also, Customer with “Admin” role accepts that the automatic billing system of MiniCRM issues bills according to the the number of active users in the system. Therefore, from the day when a new user is activated, MiniCRM automatically enters charges for the new user on further bills. MiniCRM is bound to preserve all electronic bills and provide constant access to these bills in the system. Customer accepts the electronic billing system used by MiniCRM.
2.1. 30-day free trial
When Customer signs up for the first time at MiniCRM he is granted a 30-day free trial period with full system access. During this time MiniCRM is fully functional and can be used according to Terms of service. If Customer does not subscribe before the free trial ends, the trial expires automatically and no further statement or action is required from Customer to cancel his trial.
MiniCRM is a prepaid service. Payment is due from the end of the 30-day trial if Customer has subscribed. MiniCRM registers each payment and provides summary of the current balance every month. Customer is obliged to pay his current bill before the expiry date. The recurring subscription fee of the online MiniCRM application includes the system’s availability (see more below), the daily data save and the storage of the data in a location independent of the service provider. The recurring subscription fee is based on the number of active users; this amount is substracted from the prepaid balance every midnight. Active users are those who have access to MiniCRM. One active user can only be used by one real person. Each person is required to have his own active user(login access)in order to use the software. MiniCRM can provide the current prices with proper use of the software. Proper use means using up a maximum of 5 GBs of document storage and 50 MBs of active database per user (see ‘Proper use’ section below). The subscription fee includes the use of an unlimited number of clients and tasks, an unlimited number of e-mails, daily data save, an unlimited number of logins, guaranteed helpdesk response in one working day, 24-hour technical surveillance with 7-hour security surveillance, integration with other applications (API), and constant development of the software. Subscription fee is counted according to the number of active users (login access), not the actual number of software logins on a given day. MiniCRM has the right to partially or fully suspend access to the software in case of of the account being past due. Subscription fee is also paid during suspension. However, if suspension is initiated by Customer, no further fees are charged.
Proper use is realised as follows:
Operative colleagues all had their own active users and these users were active during he 180-day period. Being active means that each user spent at least 60 working hours in the software every month. Working hours are made up of the time user spent in the software doing actual, reportable work(opening and closing todos, following up sequences, checking reports, sending emails, etc.) It is also important to have all clients imported into MiniCRM within 30 days of starting subscription. To realise proper use Customer cannot have todos due for more than 3 days in his MiniCRM system. It is also important to make proper use of the sequences built up in MiniCRM. One key condition of proper use is that any problems, questions met during Customer’s use of the software should be addressed immediately to MiniCRM ( via either a CRM consultant or Helpdesk agent).
3. Obligations of MiniCRM
MiniCRM provides Customer the online MiniCRM software as per stated in this Terms of service. If MiniCRM causes damage to Customer-taking into account the nature of the service provided-MiniCRM should, if Customer made all the advised precautions(including, but not limited to: taking care of constant data save, compliance with the guidelines concerning user roles and password safety, making all the necessary steps to avoid further problems in cases where damage has already occured), MiniCRM is bound to provide professional assistance to restore the original state without applying any charges. If Customer delays providing information to MiniCRM or occurences beyond the control of MiniCRM lead to MiniCRM failing to provide the availability as set in the Terms of service, MiniCRM has to inform Customer about this as soon as possible. MiniCRM is also bound to inform Customer of any condition that might disrupt or set back their providing the service. Any setback in service quality that originates from MiniCRM failing to notify Customer in time is the responsibility of MiniCRM.
3.1. Limitation of liability
MiniCRM is not liable or obliged to show indemnity for the beaviour of Customer towards third parties or other Customers. In no event is MiniCRM liable for damage caused to the personal computer or other property of Customer-primarily-by computer viruses that originates from logging in and/or using the software or opening sent newsletters. Nor is MiniCRM liable for damage or delay in software use originating from internet provider’s failure to maintain a stable internet connection. MiniCRM is not liable for behaviour (especially damage) that results from inadequate use of the website(software) or the violation of the terms and conditions of usage stated in the Terms of service. Also MiniCRM is not liable for the lack of profit expected because of the use of the software, or for any losses. In no event shall MiniCRM be liable for any direct or indirect loss or damage resulting from improper functioning of hardware or software, personal injury or failing to fulfill obligations(including carelessness, good faith, or obligations originating from common sense).
3.2. Obligation of acting as a guarantor
In regard of the advantages and the sum of subscription fee MiniCRM sets the maximum compensation to 3 (three) months worth of subscription fee. MiniCRM may choose to include subcontractors upon delivery.
3.3. Conditions of including subcontractors
- MiniCRM is liable for schedules and quality requirements as if they handled the delivery themselves.
- MiniCRM is obliged to keep check of subcontractor’s activity and articles according to the PHARE regulations MiniCRM themselves is bound by.
- MiniCRM is responsible for their subcontractor to act in accord with the obligation on confidentiality MiniCRM themselves is bound by.
During the implementation of current contract MiniCRM is not obliged (liable) to uncover or correct mistakes made by Customer during data record, nor is MiniCRM obliged take part in the resulting correction process. All content on the website (text, data, video, audio, picture, etc. hereafter: material) not includingmaterial provided to MiniCRM by Customers is an exclusive intellectual property of MiniCRM: use of this material (either in online, printed or any other form of publication) is only possible with the preliminary consent of MiniCRM. Parts of the website may only be saved or printed for personal(private) use. This entitlement does not permit anyone to reproduce, duplicate or sell any of this material with a commercial interest, to distribute, share or make it either accessible and/or downloadable from a database, or to reproduce it in any form. Pictures on the website may only be used by third parties after asking the definite permission of MiniCRM. Use of these pictures without consent is a violation of relevant laws and regulations on the protection of author’s rights and personality rights.
4. Customer obligations
Customer is obliged to pay subscription fee on time (as per the deadline on the current bill)and to act at all times in accord with the MiniCRM terms of service and to cooperate with MiniCRM in all aspects necessary to provide the service. Customer states being aware of laws and regulations concerning online mail sending. MiniCRM is not liable for any content Customer produces during the use of the software. MiniCRM reserves the right to suspend or terminate Customer’s account if Customer violates the interests or relevant rights of a third party by the use of the software. MiniCRM operative staff has right to login to Customer’s account while performing maintenance.
5. Acceptable use policy and SPAM policy
By accepting the terms of service, Customer acknowledges the below:
5.1. Zero tolerance
MiniCRM maintains a ‘zero tolerance policy’ about SPAM mail. According to the relevant international regulations, mail spent in mass and/or without subscription is considered SPAM. Emails sent to ask permission for sending further marketing emails is also SPAM. Recipients give permission to sending emails to a certain sender in a given topic. Therefore, lists of subscribers from another company(also belonging to Customer) CANNOT be imported to the email list of Customer’s present company. Unsolicited commercial e-mail campaigns sent to purchased lists are also considered SPAM and are therefore strictly prohibited. E-mails sent to lists whose recipients subscribed via a form not used for subscribing to newsletters are also SPAM, if the subscribers haven’t agreed to receive marketing e-mails from sender. If MiniCRM gets to know(for example via verified SPAM reports) later that you were not permitted to send mass e-mails to the recipients/contrary to your previous statement/, MiniCRM reserves the right to limit the mass sending function in your MiniCRM system. After considering the number of SPAM reports and Customer’s sending history MiniCRM may also deny further access to the software and terminate Customer’s contract. The complaint rate of Customer’s mass e-mail campaigns may not exceed the accepted industry standard. The overall industry standard for spam reports(complaints) is less than 1/1000 on a per email/Internet service provider basis. It is Customer’s sole responsibility to maintain a complaint rate under the current standard. Any form of renting, bartering or buying subscription lists and sending e-mails to these lists is also strictly prohibited.
Sending mass marketing e-mails from MiniCRM is permitted exclusively to lists the members of which have given permission to Customer to sending them messages in that topic, and only if all the following conditions are met:
5.2.1. Sender(Customer) statement Sender(Customer) hereby states that he has proof that all individuals in the Customer’s database have either opted in or otherwise agreed to receive messages(emails) from Customer, and also declares the below:
- Recipient gave his permission (possibly by opting in) to sender (Customer) to send him marketing emails and recipient has not withdrawn this permission(i.e.: has not unsubscribed since then)
- Recipient gave this permission not more than 12 months before sending the marketing email.
- If more than 12 months have passed since the permission was given, the recipient has received marketing emails in the 12 months following his subscription and had sent no complaints (negative feedback) upon receiving these emails
If sender(Customer) gained possession of recipients’ permission during selling a product or service, sender declares that
- If recipient gave his permission when purchasing the product/service, recipient did not remove the check from the checkbox from the field by which recipient accepted getting marketing emails, and
- The purchase took place not more than 12 months ago
- If the purchase did take place more than 12 months ago, the recipient has already received marketing emails in the 12 months following his subscription and had sent no complaints (negative feedback) upon receiving these emails
If a sender (Customer) sends marketing mails in mass to a list and receives unusually large number of SPAM complaints (more than 1 complaint after every 1000 mails sent), internet providers of the recipients start filtering messages from that sender. They shall also ask MiniCRM to terminate sender’s (Customer’s) account immediately. Therefore, if sender (Customer) has no proof that all the individuals in the Customer’s database have opted in or otherwise agreed to receive emails from Customer, he can send them no more emails or messages from MiniCRM.
Customer can use MiniCRM to send mass marketing emails if he meets the following conditions. Customer states that when sending the above mentioned e-mails he will never send e-mails to a
- Purchased list
- Rented list or any list he took possession of through a barter deal
- List built in an another company
Therefore, Customer may only send marketing messages to lists whose recipients gave Customer himself definite permission to send them messages in the given theme. If Customer’s company was only recently established and owns no such list, he is obliged to insert a MiniCRM subscription form to his website and use ‘double opt-in’ to have sufficient proof that people on his list have actually given him permission to send them marketing messages in the given theme.
5.4. Avoiding SPAM reports
Customer shall take all possible precautions against receiving SPAM reports.
- If Customer sends the first marketing communication after more than 6 months have passed, recipients may have forgotten subscribing to the list and may report the message as SPAM. To avoid this, in similar cases Customer reminds recipients in the message who he is and how he came to possession of recipients’ name and e-mail.
- Before importing clients to MiniCRM Customer removes those names and e-mails from the list that subscribed more than 6 months before the import. Recipients often change their e-mail address, therefore a formerly provided e-mail address may not be functional. A large number of sent e-mails bouncing from invalid e-mail addresses may result in the recipients’ internet providers blocking all e-mails sent from sender’s e-mail address.
- When importing clients from a mailing list Customer will filter the list according to the above mentioned instead of just moving all e-mails and names to MiniCRM. Customer then only moves those e-mail addresses and names to MiniCRM which meet the conditions outlined in the former paragraphs.
5.5. BANNED CONTENT
Customer shall in no event send any communication(e-mail, sms, etc.): from MiniCRM that
- contains pornographic or adult content.
- promotes any form of prostitution.
- promotes illegal activity.
- advertises any form of illegal product or service.
- offends the person, rights or religious beliefs or third parties.
- contains abusive, obscene language.
- effectively violates the author’s right, patent, trademark, business secret or right of intellectual property.
- is designed to look as though sent by another person or company by complementing, removing or modifying network identification headers, thereby committing forgery and pretending to be (and/or personification of) another person.
Customer also avoids the use of expressions that usually result in the message being labelled as SPAM by SPAM filters, i.e. does not send messages that
- advertise pharmaceutical products, vitamins or medicinal products.
- promote participation in network marketing or “MLM” businesses and “work from home” opportunities.
- promotes any form of gambling.
- recommends credit repair and/or debt relief offerings
- urges to take part in “get rich quick” schemes.
6. Hardware and software conditions
MiniCRM is a SaaS (Software as a Service) CRM, a web-based software that needs stable internet connection to be used. Customers can access the software via the login page at https://r3.minicrm.io/
6.1.Conditions of use
- Broadband internet connection
- Windows Internet Explorer 8-9. or Firefox 7+ or Google Chrome 15+
- Computer equipped to use the above browser
- Knowing the name and password of active user
- Only one login is possible with a single user name and login
6.2. Conditions of working in MiniCRM
- Conditions of use are met;
- Customer has payed subscription fee for current period and has no standing debts towards MiniCRM
MiniCRM guarantees that the software is available 0-24 hours a day in 99% of the time every year. This means MiniCRM may only be unavailable for 3,65 days per year, including downtime because of scheduled maintenance and other similar issues. MiniCRM shall provide a report of software availability at the time of settling accounts each year.
8. Data save
MiniCRM guarantees to avoid data loss caused by hardware failure and natural catastrophies. The webserver is outfitted with mirror servers and redundant hard disk solutions and an uninterruptible power source (UPS). All the data stored at the web server is subject to a full backup save every midnight, whereof the full database can be restored in the event of a system breakdown.
9. Handling customer staff access
Customer’s colleagues are given access to MiniCRM by Customer’s Admin role user. Customer is free to add or remove users and to activate or deactivate users or modify existing user’s data. In no event is MiniCRM responsible for Customer’s handling his passwords. Customer is responsible for any kind of damage resulting from his insufficient handling of these passwords.
10. Security of access, data protection
MiniCRM is bound to protect and guard all data, documents, and information it is given while providing the service, and shall make all necessary efforts to ensure proper protection of these. MiniCRM and Customer shall use any confidential data and information only to provid e the service and shall only make any of these pieces of information public if the other party has formerly given written permission for this or if there is a law that obliges to do so. MiniCRM states that all pieces of data given over according to the Terms of service are considered to be business secrets and as such should be handled confidentially, and shall not be given to third parties and should only be used according to the regulations stated in the Terms of service. This obligation of data security is valid at all times during the Customer’s use of the service and also stays so for an indefinite time even after cancelling the service. Customer takes full responsibility for any use of the service where access is provided through Customer’s password. Customer takes full responsibility for safeguarding his password. MiniCRM staff have no access to any data stored in the software(client information, email addresses, automation settings, templates). Helpdesk agents only have access to those software settings (Sequence names, field names and values) which are necessary for them to provide sufficient support to Customer. MiniCRM handles all personal data provided by Customer confidentially, and may only use these to identify users and to provide service where needed according to the relevant rules and regulations. Customer grants permission to use these pieces of information as per the Terms of service when he accepts the Terms of service. A MiniCRM is bound to delete all personal data at the request of Customer. If Customer does not express the wish to remove this data MiniCRM stores the data for 30 days after the termination of the account.
10.1. Use of logs
10.2. Use at public places
If Customer uses MiniCRM at a public space (internet café, etc.) beside the protection protocols in the software Customer’s careful attention is required to protect Customer data. If there is a possibility that others may also get access to the computer used by Customer, the following steps should be taken:
- Do not check the field “Remember me” at the login page
- Do not allow ‘storing temporary files’ in the browser
- Make sure nobody sees your password when you log in the software
- Under no condition should Customer make his password public
- If you think anyone unauthorized has access to your password, immediately change it
- Never leave your computer unguarded while using MiniCRM
- Always log out of MiniCRM using the Logout button, not by closing your browser
11. Vis maior
Any unusual event, circumstance or cause that could not be foreseen and avoided and is beyond the control of either party that did not result from the beahaviour of either party. Such events may include but are not limited to general governmental restrictions, martial law, war, quarantine, revolution, strike, acts of terrorism, riots, epidemics, fire, any kind of natural catastrophy(flood, etc.) In the case of any of these events, both parties are free from the obligations of this contract.
12. Termination of subscription
Customer may terminate this contract at any time without giving any reasons. In such an event MiniCRM has to make Customer’s data available in XML format in one working day. MiniCRM is obliged to refund the unused amount of money from the paid subscription fee if Customer has paid all his debt. If Customer’ s account has been suspended because of his current debt, the above may only apply after the account has been reactivated.
MiniCRM may immediately terminate customer’s account in the following cases:
- Customer is more than 30 days past due with the subscription fee;
- vis maior present for more than 60 days;
- Customer violates the terms of service;
- Customer’s behaviour violates the rights or interests of MiniCRM or other Customers, especially the reputation of MiniCRM or acts in such a way that MiniCRM can no more be expected to provide the service any more;
- if it turns out that the data Customer provided at registration had been false or violate the terms of service in any way;
- if Customer deceives MiniCRM in any other way.
Termination of the contract has to be sent via email to the address violator has provided at registration. Customer is the sole owner of the data stored in MiniCRM, therefore MiniCRM has to provide Customer the data free within one working day in XML format as soon as Customer has paid any debts he had. Customer can then use a different provider but has no access to the source code of MiniCRM. If Customer used the daily data save option, he can download his data from the link generated at data save from 06.00 on the following day. Both parties are have to clear any debts at termination.
13. Handling disputes
Customer complaints should be sent to firstname.lastname@example.org. Customer accepts that MiniCRM Helpdesk is obliged to provide answers only to users in the 30-day trial period and Customers who already have their own active account, and do not have any debts due and/or their account is not suspended because of the current debt. MiniCRM Helpdesk can deny providing answers to anyone not falling in the above categories. MiniCRM and Customer are both obliged to settle any dispute that occured according to or in connection with the terms of service. Both parties are obliged to inform the other party immediately in case any occurrence prevents them from acting in accord with this contract as soon as they are informed of the occurrence.