Overview of Terms Of Service (Terms & Conditions)
The team at Volt CRM is dedicated to providing you with a reliable, functional and cost effective Customer Relationship Management (CRM) system to assist you in the development and growth of your business. Use of the Volt CRM system (located at https://secure.voltcrm.com) and any or all of our services are subject to the following conditions;
* Terms Of Service
* Privacy Policy
* Subscription Agreement
All these Terms or Service can be found below and Focus Business Solutions Pty Ltd reserves the right to vary these agreements from time to time. In all our agreements the use of product names (including but not limited to Volt, Volt CRM, or other product or service names listed on our website at www.voltcrm.com) refer to the company Focus Busines Solutions Pty Ltd providing those products and these terms may be used interchangeably.
Terms Of Service (also referred to as “Terms & Conditions” and “Terms Of Use”)
1. General
Focus Business Solutions Pty Ltd provides Internet Subscription services to users whose principal place of business is in Australia and the service is also generally made available to other countries but may have different functions in those countries. The following Terms and Conditions apply for the Volt CRM Subscription Services. Amendments to terms and conditions will occur regularly. Look for any amendments by going to the link at the bottom of the Volt CRM website (www.voltcrm.com) . If there are changes to charges then they will be effective at least 14 days from posting to this same page. Use of the service after that date constitutes acceptance of the amended Terms and Conditions. These Terms and Conditions supersede prior agreements. These terms and conditions are governed by the laws of Queensland, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State.
2. Definitions
“Access Authority” means the Subscriber and/or individuals who the Subscriber prescribes levels of access to your Volt CRM account and where the Subscriber has made available to those individuals the “Email Address/Sign-in ID”, “Password” and “Organisation” to allow them access for data entry, viewing data or obtaining reports.
“Online Services” means the Volt CRM accessed via the Volt CRM website, by Registration as a User and by signing on for use using Access Authority.
“Password” means a confidential alphanumeric which when used with other Access Authority information, gives access to Online Services
“User” means:
1. if you are the account owner, the person you nominate (if you choose to do so), from time to time, as part of the Registration process, to use the internet services available through the website
2. if you are not the account owner, but have been authorised to operate accounts under an Access Authority then you are the User
3. “We, us or our” means Focus Business Solutions Pty Ltd.
4. “You and your” means the Subscriber to Volt CRM Online Services and includes a User when applicable
When used in relation to the Volt CRM application/service, the terms “Member” and “Membership” are synonymous with “Subscriber” and “Subscription” throughout this website and in correspondence to Users of the Volt CRM Online Services.
“Volt CRM Logo’s” means any logo, brand, trademark, image or other material we provide containing the Volt CRM, Volt and all other associated trademarks, trading names, URL’s be they registered or otherwise.
3. Internet Online Services
3.1 How to setup.
You must provide all equipment necessary to make a connection to the World Wide Web and pay any service fees to providers for access. After gaining access to the World Wide Web, you must obtain access to and pay for the use of Volt CRM Online Services. This is accomplished by registering as a Volt CRM subscriber or by using any user id on the site provided by us or any third party.
3.2 Your Obligation to Pay Fees For Online Services and Consulting Services.
You agree to pay all Online Services Subscription Fees Volt CRM charges you for the Online Services when you Register. You also agree to pay all Consulting Service Fees for staff services if any are specifically requested by you and provided by our staff. You agree to pay all foreign, Commonwealth, State and Local Government, state taxes applicable to your access, use or receipt of the Service, these will always be disclosed to you clearly in advance. If Volt CRM are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by Volt CRM in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates. If a Member fails to pay their Membership fees for the Online Service within thirty days of the end of their Membership period, Volt CRM reserves the right to restrict access, or “lock”, all files that belong to the unpaid Membership. When a Membership is locked, all users of the affected files will be unable to view, edit or add any data to the file. Full access will be restored upon receipt of all accumulated unpaid Membership fees.
3.3 How to Register to Use Your Volt CRM Online Services.
You may register by using the Volt CRM website Registration Page (https://secure.voltcrm.com/signup.php) or using the Registration document provided by Volt CRM staff. The Registration asks you agree to provide correct information about yourself or company, to list the users who will have Access Authority and to maintain and update such information to keep it accurate and complete. You may designate a number of users to have Access Authority and you may provide and assign access and passwords to such users. Volt CRM may suspend or terminate your account and refuse use of the Online Service if you provide any information (including a valid contact email address and phone number) that is false, misleading, inaccurate, not current or incomplete, or if Volt CRM has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or any terms in this agreement are breached. Volt CRM may suspend or terminate your account and refuse use of the Online Service if you are deemed to be abusive to staff or use language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of Volt CRM. You authorise Volt CRM to use extracts from service related communication on our web site (typically on the testimonials page) and other material in text form and Volt CRM may include your business name, market segment and a link to your website if you have provided one and this use is conditional on Volt CRM excluding any material that may be deemed confidential, such deeming shall be at the sole discretion of Volt CRM but will explicitly focus on service quality and customer experience in use of our products and exclude financial or other business transaction related information.
3.4 Information Confidentiality.
As part of the Registration process you will select a password. You will be responsible for maintaining confidentiality of any password and other access information used by yourself and your authorised users who have Access Authority.You acknowledge that the Internet is an open system and Volt CRM cannot and does not warrant or guarantee that third parties cannot intercept your information.
3.5 Communications Between You and Volt CRM.
Volt CRM reserves the right to contact Subscribers by web page, email, fax, post, internet chat, phone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service. Information related to other Volt CRM or site content matters, not covered by an existing agreement for Services, will only be communicated if the Subscriber agrees to receive that information.
3.6 Your Obligation for Completion of Your Regulatory Responsibilities.
Your Regulatory Responsibilities will vary from country to country and are your responsibility to identify and comply. For Australian Based Individuals and Businesses (ABIB) this may include any or all of the following - Taxation Returns, BAS, IAS and PAYG Remittances. Volt CRM integrates with the Saasu Services which is an Internet tool to help you in summarising your financial transactions. For ABIBs Australian Section 251(L) of the Commonwealth Government’s Income Tax Assessment Act says that BAS preparation work must occur under the direction of a Registered Taxation Practitioner. BAS preparation work using Saasu, if performed by Saasu employees, must be referred to a Registered Taxation Practitioner for direction and review as to accuracy and correctness. Clients of Volt CRM and Saasu are responsible for the remittance of Taxation Returns and other Government lodgements and forms for themselves and/or for their organisation. This may occur through the client’s Registered Taxation Practitioner. Volt CRM and Saasu can only assist in the preparation of the information required by your Registered Taxation Practitioner. We can only prepare for and meet your regulatory responsibilities to the extent by which we are provided accurate information and you must advise us if the mechanism is inadequate for your country or jurisdiction. We cannot be held responsible for errors or omissions resulting from inadequate information or advice. Accordingly we do not accept responsibility for any financial loss resulting from information provided.
3.7 Your Non-Transferable License.
Volt CRM grants you a non-transferable, non-exclusive and terminable right licence to use the Subscription Services under these Terms and Conditions. Title and ownership of the Subscription Services remain with Volt CRM. You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others. Title and ownership of accounting and wealth management data entered by the Subscriber, or those with Authorised Access to the Subscribers database, remains with the Subscriber. You are licenced for the number of users specified in the subscription plan to which you are a subscriber. In the event of an upgrade, the Licence hereby granted shall automatically transfer to the new version. All rights in respect of the original version shall lapse and no further use of same shall be permitted. The Licence in this agreement is effective until suspended or terminated by us or by ceasing subscription payments. Payment terms for your subscription are in advance of the next Subscription period. In the event you choose to end your subscription service but you would like to keep your data, you may export it using the export functions provided in the service or Volt CRM can provide CSV file(s), or equivalent, at a reasonable cost of not less than $AUD199 plus GST per file. We reserve the right to charge for time and materials if your request is unusual and this is decided at our sole discretion. You agree to use your best endeavours to ensure the safeguard of your Password(s) for your organisation in order to ensure there is no unauthorised access to, copying of, or collection of information from you data file and you indemnify Volt CRM for any and all losses you may incur as a result of failing to safeguard your Password.
3.8 How to Terminate Your Service.
You may terminate the Online Service by giving us written notice. Monthly payment Subscribers must provide 1 month’s notice. Subscribers who pay a one year Subscription in advance may not terminate part way through the year, those Subscribers terminate the service by not renewing for a following year. No refunds of Subscriptions are provided.
3.9 Volt CRM General Practices Regarding Use of the Service.
Volt CRM may establish general practices and limitations that apply to the use of the Service. You acknowledge that Volt CRM reserves the right to change these general practices and limits at any time, at its discretion. You also acknowledge that Volt CRM reserves the right to disable accounts that are inactive for an extended period of time; and that Volt CRM may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time or for the purposes of conducting reasonable system maintenance and repairs. You also acknowledge that Volt CRM reserves the right to disable or change features of the service if those features are infrequently used by Volt CRM customers or if at the sole discretion of Volt CRM those changes are deemed necessary.
4. General
4.1 Website Disclaimer.
You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site (and pages) and publications may contain technical inaccuracies or errors. Volt CRM bears no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents. Volt CRM will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and these product offerings may not be relevant to, or available in, your country.
4.2 Links to Other Websites and Volt CRM.
Website General Information. The website contains links to other third-party sites which are not under the control or responsibility of Volt CRM. Volt CRM is not responsible for the content on any linked web sites. If you access a third-party site from this website, then you do so at your own risk. Volt CRM is only providing these links for a convenience to users. The inclusion of any link does not imply that Volt CRM is endorsing or is accepting any responsibility for the content on those third-party sites. The Volt CRM website will contain information as a guide only and is not legal, taxation, financial or investment advice and is not suitable to be relied on by you as such advice. You should obtain professional legal, financial and investment advice.
4.3 Liability
Use of Volt CRM Online Services shall be at the Subscriber’s own risk. Volt CRM is not responsible for any adverse consequences arising out of the use of the Services. You agree to indemnify, defend, and hold harmless Volt CRM from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by Volt CRM as a result of any claim arising from your violation of the Terms and Conditions, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights. These obligations survive termination of the Service. Volt CRM will not accept liability for failures in providing Services which are outside normal usage or which occur due to force majeure, matters outside Volt CRM’s control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
4.4 Disclaimer of Warranties
The Volt CRM Online Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind. Volt CRM expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access.
4.5 Volt CRM Proprietary and Confidential Information
You acknowledge and agree that the Volt CRM Online Services contain proprietary and confidential information that is protected by intellectual property and other laws. You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service.
4.6 You agree not to use or display any Volt CRM trademarks, logos, product and services names or other Volt CRM material of any form (including any derivations) without our written approval. If you do so we have the right to terminate this agreement or halt supply of the service or both at our discretion.
4.7 Transferability
You may not assign, sell, distribute, lease, rent, lend, sublicense, or transfer the Subscription Services or this licence (subject to the prior written consent of Volt CRM)
4.8 Volt CRM claims no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers) and that by you setting pages, posts, transactions and/or any other data (’Content’) to be shared publicly, you agree to allow others to view and share your Content.
4.9 If you instruct us to mark any information on our service for deletion (or deactivation) you acknowledge you are instructing us and authorise us to delete it permanently at a time or date of our choosing. If you instruct us to delete information and wish to change or revoke that instruction you acknowledge that a) you must make that specific request in writing; and b) we do not guarantee the ability for us to restore that information as it has been permanently deleted; and c) we may charge you (and you are obliged to pay) professional services hourly rates (similar to any other tier one finance or technology professional services rates) for any investigation and also for any attempt at restoring any information; and d) we may provide you that information in a form of our choosing although we will normally restore it inside the application.
4.10 You agree that our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) may not be appropriate for you or your financial management responsibilities and that our processes for data management may change at our sole discretion.
4.11 You agree that we may use materials, quotes from correspondence and from support conversations and any other interactions by you with our products and services including web click streams on our web site customer testimonials pages and web (and other) support knowledge base forums and related marketing material online and in other forms at our sole discretion. You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our customer testimonials website page and also in related places and materials both online and in other forms including directories that we publish at our sole discretion. You acknowledge you are not entitled to any payment for use of this material. We acknowledge that we will not claim any portion of revenue that you may derive from from online traffic (also known as web visitors) you may receive from this free advertising unless you are notified by us in writing in advance of such claim.
5 Support Service
5.1 Support types Paid Support - encompassing product use support and technical support. Technical Support - only covers assistance where technical issues arise for the product such as defects. Volt CRM provides comprehensive online help screens. Further product use support is available from Volt CRM staff at Support Service rates or under a Support contract option.
5.2 Limit of service for Paid Support
Volt CRM reserves the right to limit the time spent on email and telephone support calls to 10 minutes or less for a single support enquiry at their discretion. If Volt CRM deems the Support Service is being used in an unethical, abusive or fraudulent manner then Volt CRM may terminate the service. Support is only available while an online service is current and paid in full. Volt CRM support does not provide any advice on legal or accounting or taxation issues. Assistance in how to use the Volt CRM online service should not be understood to be accounting or taxation advice but rather as general educational information that may or may not meet your specific requirements. The Volt CRM Support Service is for basic usability and functionality inquiries. Internet, network, hardware, software inquiries relating to third party providers cannot be resolved by Volt CRM. Our Support Consultants will deem if the inquiry falls within the nature of the Volt CRM Support Service. Support consultants availability and response times may be affected by call or email volumes, server maintenance and upgrades relating to new releases.
5.3 You agree to provide the Service Team access to your information in order to resolve support issues. This will normally be granted by you in writing on a case by case basis either via email or via an invitation sent using the system or via other written means however Volt CRM reserves the right to access without your specific approval if it is deemed necessary by Volt CRM.
Privacy Policy
Note Carefully in Respect to Personal Information
This document relates to your personal information, collected by Volt CRM as part of the Subscriber sign up process and your use of Volt CRM services, and held by Volt CRM as part of our day-to-day business dealings with you. Some of the personal information that Volt CRM holds may be the same information as that which you enter in your Saasu financial database, however our information is not collected only from that source. Only you and your nominated representatives (which explicitly includes Volt CRM employees) have access to your business database under normal operational circumstances with the exception of summarised (anonymous) industry wide benchmarking information for use in our research department (which will not have enough detail to identify underlying individuals or individual businesses under any circumstances) and associated research subscribers.
Collection Statement
Volt CRM (”we”, “our”) provides services and products in the accounting and information technology industries. Part of this service provision requires us to protect your privacy. From 21 December 2001 the Commonwealth Privacy Act contains new sections that we are bound by. They concern a number of principles in relation to the protection of your personal information and in how we must deal with our customers in relation to this information. Personal information held by Volt CRM may include your name, current and previous addresses, telephone/mobile numbers, e-mail address, bank account and credit card details, details of your services and information we require to perform our services for you. Sensitive personal financial information entered into Volt CRM’s online service, will not be used or disclosed by Volt CRM except as authorised by you to perform our services for you and to provide summarised anonymous benchmarking data across all our clients. Should you choose not to provide personal information we may not be able to provide you with the services you require or at a sufficient level that we regard as important for performing at best practice and as such we reserve the right to terminate the supply of this service to you.
How We Collect Your Personal Information
We may collect personal information -
* In conversations with you and your employees, in person or by e-mail, fax and telephone;
* From third parties such as your employees, your accountant, related companies, credit reporting agencies or your representatives
* From publicly available sources of information
* When we are required to do so by law
* From our own records of your usage of Volt CRM services
How We Use Your Personal Information
Your personal information may be used to:
* Provide products and services to you
* Collect payments and to administer your account
* Provide you with updated or new information about our products or services
* Conduct creditworthiness checks and/or fraud checks
* For development of existing and new products and services
* Maintain and update our business infrastructure and systems
* Actively promote our other products and services to you. If you do not wish to receive such communications please advise us.
* For research into our client base and for related purposes by our research team including as aggregated (anonymous) benchmarking data.
When We May Disclose Your Personal Information
In providing our products and services, or collecting and using your personal information, we will always keep your data private to the maximum extend commercially pratically possible. In the normal course of business and in order to provide your service we may be required to disclose some of your personal information to organisations outside Volt CRM. Such organisations may include:
* Our outsourced service providers which are always carefully selected by us
* Your legal, accounting, financial or other professional advisors if you agree as part of the service
* Credit- and/or fraud-reporting agencies if you use the service for making financial transaction instructions
* Organisations providing you with credit or financing
* Our legal, accounting, financial or other professional advisors and bankers
* Regulatory, government and other authorities as required by law
* Our subsidiaries and closely related organisations
* Other organisations involved in managing our trade receivables, business, financial affairs
* Other organisations subscribing to our client base research data which will be aggregated and anonymous
Accuracy of Your Personal Information
We take reasonable precautions to make sure that the personal information we hold is accurate and up-to-date. We appreciate notification of errors, omissions or changes in your personal information. This is especially important for information required for us to communicate with you, such as a change in name, email, phone or address.
Security of Your Personal Information
Volt CRM takes reasonable steps that your personal information is protected from misuse, loss, unauthorised access, modification or disclosure. Some notable measures to ensure the security of your personal information include: Secure Socket Layer (SSL) connection encryption; and regular backups of the database. The security of this information is also dependent on your own measures to protect your Volt CRM usernames, email addresses and passwords from disclosure and unauthorised use.
Access to Your Personal Information
You have the right to access any of your personal information that we hold, with some exceptions as allowed by law. To obtain a copy of this information, write to us requesting the information and we will provide it to you. Volt CRM reserves the right to charge a reasonable fee for the provision of this information.
Your Authority
By continuing to use our products or services or website you consent to Volt CRM maintaining, using and disclosing your personal information as described in this document for a period of no less than seven years from the date of your last use of the system (or the date of the last use of the system by any user under your subscription which ever is the latest).
Subscription Agreement
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD VOLT CRM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE COMMISSION AMOUNT DUE TO YOU.
Limitation of Liability
VOLT CRM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, DELAY OF DELIVERY AND IMPLEMENTATION, OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT VOLT CRM HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VOLT CRM’S LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED SOLELY TO MONEY DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS DUE YOU.
Volt CRM will not accept liability for failures in providing its Services which are outside normal usage or which occur due to force majeure, matters outside Volt CRM’s control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience. You or Volt CRM may terminate this agreement at any time. This Agreement will be construed and enforced in accordance with the laws of the Queensland without regard to its conflict of laws principles. Venue for any dispute under this Agreement will be Brisbane, Australia. Volt CRM shall not be liable for, and is excused from, any failure to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of Volt CRM’ suppliers or subcontractors, acts of nature, governmental actions, fire, flood, natural disaster, or labor disputes. Volt CRM reserves the right to change the Terms and Conditions of this Agreement at any time by posting the modified version on the portion of its web site. You may not assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part, without the express written consent of Volt CRM. Any notice made by Volt CRM to you shall be deemed properly given and effective: (i) when reduced to writing and sent to the e-mail address specified in your Program registration, OR (ii) fifteen (15) days after being posted to the portion of Volt CRM’s websites that relates to the Program. Any notice made by you to Volt CRM shall be deemed properly given and effective when reduced to writing and delivered to the customer support e-mail address specified in the Program documentation on Volt CRM’s websites.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE Partner PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.