YapCRM Terms & Conditions

Ver 7-2020-0102
By using YapCRM ("Service"), or any services of YapCRM Limited ("YapCRM"), you are agreeing to be bound by the following terms and conditions ("Terms and Conditions").
 
YapCRM reserves the right to update and change the Terms and Conditions from time to time with 14 days’ notice and any change will be notified by posting notification within the Service itself. Any new features that augment or enhance the current Service, including the release of new tools shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

Subject to the terms of the Contract, violation of any of the terms below may result in the termination of your Account. 
 
A. Account Terms

1. Accounts registered for use by automated methods are not permitted.
2. You must provide your legal full name, a valid email address, postal address and any other information requested in order to use YapCRM.
3. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you need and will be billed according to the number of users each month.
4. You and your users are responsible for maintaining the security of accounts and passwords. YapCRM cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7. The parties shall comply with the provisions set out in Appendix B Data Processor’s Agreement. 

1. The Service is billed on or around the 1st of each month or quarter based on the previous month or quarter activity or as indicated in the Contract. The available payment methods are by BACS or cheque. Pay as you go clients will be automatically billed by YapCRM at the beginning of each billing cycle depending on activity with a minimum charge/credits. YapCRM reserves the right to alter the available payment method at any time. Failure of cleared payment being received may result in the suspension or termination of your Account, subject to the terms of the Contract.
2. The amount payable by you is calculated by multiplying the current price per user login by the number of user logins active in the last month ie: (user price x number of users) = monthly payment amount, or the contracted value.
3. There will be no refunds or credits for partially used months, both past and present. There will be no refunds or credits for unused logins, both past and present.
4. Fees are quoted in Pounds (£) GBP.
5. Pre Pay Credits usage is based on the number of active accounts over a month, with a minimum usage level as stated in the Contract.
6. Custom work to the CRM carried out on behalf of the client remains the property of YapCRM unless otherwise stated.
7. Payment of invoiced YapCRM services must be made within 30 days of invoice generation. Invoice due dates are included on your invoice. Late payment of due invoices may incur an additional late payment fee as outlined in points 8 & 9.
8. Late payment made 31 to 60 days after invoice generation date has passed may incur a flat charge, calculated at 2.5% (+ VAT where applicable) of the outstanding invoice value at the discretion of YapCRM. 
9. Late payment made 60 days or more after the invoice generation date will incur an automatic flat charge calculated at 2.5% (as per clause B:8) and may incur an additional 2.5% (+VAT where applicable) of the outstanding invoice value, and may result in the temporary removal of access to YapCRM’s services pending payment.
10. YapCRM reserves the right subject to providing the Client with 5 business days’ prior written notice to temporarily remove access to YapCRM services until all invoices are paid if the payment is over 55 days late.

1. You are solely responsible for properly cancelling your account. You must cancel your account in writing by emailing cancel@YapCRM.com giving one billing period’s notice (up to a maximum of 6 months notice).
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. It is your sole responsibility to ensure you have removed any Content you require before cancelling your account. YapCRM will not be held liable for any information that was lost due to the cancellation of an account.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect on the end date of your current period and you will not be charged again. Any remaining credits will be void on cancellation of your account and none refundable.
4. YapCRM, in its sole discretion, has the right to suspend or terminate your account subject to the terms of the Contract.  Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. YapCRM reserves the right to refuse service to anyone for any reason at any time, subject to the terms of the Contract.
5. YapCRM will supply a MySQL back up of your data on cancellation of your account if requested before your account is cancelled or within 30 days of cancellation.

1. YapCRM reserves the right at any time and from time to time to modify or discontinue temporarily the service for maintenance, performance or other reasons.
2. Prices of all Services, including but not limited to monthly/quarterly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us or at the end of a contract period, subject to the terms of the Contract. Such notice may be provided at any time by notification to the Account email address or by posting notification within the Service itself.
3. YapCRM shall not be liable to you or to any third party for any modification, price change of the Service.
4. YapCRM reserves the right to increase prices by RPI during each calendar year for all clients even those under contract (unless stated otherwise in the contract).
   1. https://www.ons.gov.uk/economy/inflationandpriceindices/timeseries/czbh/mm23

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
2. YapCRM does not pre-screen Content, but YapCRM and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS/CFM/AJAX, Javascript, or visual design elements or concepts without express written permission from YapCRM.

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. You understand that YapCRM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, YapCRM, or any other YapCRM service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by YapCRM.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the terms of the Contract. 
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any YapCRM customer, employee, member, or officer are not acceptable and will result in immediate account termination.
7. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. If an individual account bandwidth usage exceeds fair use (5 GB), or significantly exceeds the average bandwidth usage (as determined solely by YapCRM) of other YapCRM CRM customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
10. YapCRM does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted or error-free. All planned interruptions to the service longer than 5 minutes will be informed at least 24 hour in advance via notification in the system. We reserve the right to do regular Saturday offline maintenance with 1 hour notice.
11. You expressly understand and agree that YapCRM shall not be liable for more than the aggregated payment made over an payment period for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YapCRM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized non YapCRM employee access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
12. The failure of YapCRM to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
13. Questions about the Terms and Conditions should be sent to contact@YapCRM.com
14. The Client is limited to 20,000 peak (currently defined as 08:30-17:30 UK Time) emails per month and 40,000 off peak emails per calendar month per CRM and subject to fair use. Abuse of this allowance could result in additional charges.
15. YapCRM aims for a minimum 99% uptime rate (not including planned work). Should YapCRM fail to maintain this standard the client my claim a credit equal to the downtime hours multiplied by 50 hours, this credit is limited to a maximum of one month’s hours (approx 720).
16. The Contract, together with all of the applicable Appendices and any amendments represent the entire agreement between the parties with respect to the subject matter of the Contract and supersedes any prior oral or written agreement, understanding or representation by a party, which shall be of no force or effect.

1. YapCRM default setting is not suitable to store highly sensitive information such as Credit Cards, Medical Data or Bank Details; if you wish to store this data in YapCRM you must obtain written permission.
2. YapCRM is designed to assist you with regulatory compliance; however it is the clients responsibility to ensure they are compliant within the jurisdictions they operate in.
3. Security of accounts is the sole responsibility of the client and any breach caused by poor passwords, leaving systems logged in, hacking of client’s systems choice, malicious employees or other client causes are the responsibility of the client to monitor.