FOUNDCRM BY ARRIVE DESIGN LTD TERMS AND CONDITIONS OF USE

LAST UPDATED: DECEMBER 2019

INTRODUCTION

These terms and conditions apply between you, the User of this Website (including any sub- domains, unless expressly excluded by their own terms and conditions), and Arrive Design LTD, the owner and operator of this Website, www.foundcrm.care. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Arrive Design LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Arrive Design LTD and accessing the Website in connection with the provision of such services.

You must be at least 16 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 16 years of age.

INTELLECTUAL PROPERTY AND ACCEPTABLE USE

• All Content included on the Website, unless uploaded by Users, is the property of Arrive Design LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

• You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Arrive Design LTD.

• You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

• You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Arrive Design LTD for all claims resulting from Content you supply.

PROHIBITED USE

You may not use the Website for any of the following purposes:

• in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

REGISTRATION

• You must ensure that the details provided by you on registration or at any time are correct and complete.

• You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

• We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

• You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

PASSWORD AND SECURITY

• When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

• If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

PRIVACY POLICY AND COOKIES POLICY

• Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://foundcrm.care/privacy-policy and https://foundcrm.care/cookie-policy.

AVAILABILITY OF THE WEBSITE AND DISCLAIMERS

• Any online facilities, tools, services or information that Arrive Design LTD makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Arrive Design LTD is under no obligation to update information on the Website.

• Whilst Arrive Design LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

• Arrive Design LTD accepts no liability for any disruption or non-availability of the Website.

• Arrive Design LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

LIMITATION OF LIABILITY

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

• To the maximum extent permitted by law, Arrive Design LTD accepts no liability for any of the following:

o any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

o loss or corruption of any data, database or software;

o any special, indirect or consequential loss or damage.

GENERAL

• You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

• These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

• The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

• This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

PAYMENTS

• Fees – – The User will pay Arrive Design Ltd all applicable Fees for the services. The User authorises Arrive Design Ltd to charge the User for all applicable fees using the User debit or credit card details. Fees are non-refundable, unless agreed by the Managing Director of Arrive Design Ltd. Requests for refunds are to be sent to [email protected].

• Payment and renewals– The User will pay Arrive Design Ltd in advance of using the service. A payment will automatically be taken every 30 days until cancelled.

• Taxes – Fees are exclusive of taxes and the User is responsible for all Taxes.

• Fees for this service may increase on an annual basis. Users will be informed of any increase 60 days prior to any change.

SUSPENSION

Account Suspension – Arrive Design Ltd reserve the right to suspend a User’s account if they (a) violate this agreement; or (b) use the service in a manner that Arrive Design Ltd reasonably believes is inappropriate

CANCELLATION

• Notice of cancellation of subscriptions must be sent in writing to [email protected] . The subscription will be cancelled 30 days following this notice. All outstanding fees must be paid before the account will be cancelled.

• If outstanding fees are not paid, the subscription will not be cancelled and the company will incur more fees until the account has been fully paid.

DATA STORAGE AND SECURITY MEASURES

• Customer Data saved in FoundCRM is stored securely behind an industry-standard firewall.

• Using SSL Encryption, all data accessed is securely encrypted before it is sent over the internet, then decrypted once it reaches the customer, to prevent interception of data during transmission.

• FoundCRM is hosted on a cloud server in London via Amazon Web Services(AWS).

DATA ACCESS

• FoundCRM stores and processes data on behalf its Customers who input data into www.foundcrm.care, including Protected Data.

• FoundCRM does not collect Customer Data which has been input into FoundCRM

• The Customer shall comply with Data Protection Legislation in connection with the collection and processing of Customer Data

• Only authorised Customers, who adhere to FoundCRM’s terms and conditions for use of FoundCRM’s services, will be given access to FoundCRM.

• It is the Customer’s responsibility to manage their users’ access; permission levels and passwords effectively to prevent unpermitted remote access to Customer Data.

• FoundCRM does not access, amend or delete Customer Data without prior consent from the Customer and will only do so in pursuit of meeting FoundCRM’s legal obligations to our Customer in the delivery and improvement of our product and services. Documents will only be accessed and restored on request.

• FoundCRM’s administrators may access Customer Data upon authorised requests from the Customer for the purposes of, but not exclusive to:

Troubleshooting and support

Training

Demonstration of functionality

Data recovery

Deletion of data

Testing

• It is the Customer’s responsibility to inform FoundCRM of which individuals or users are authorised on behalf of the customer to allow FoundCRM administrators to access, amend or delete Customer Data.

• FoundCRM will take all reasonable efforts to verify whether an individual or user is authorised to consent on behalf of the Customer for FoundCRM administrators to access, amend or delete data prior to taking any action.

• FoundCRM shall not be liable for the access to, amendment or deletion of such data on the basis of consent from individuals acting on behalf of the Customer who are not duly authorised.

• FoundCRM employees will act in accordance with FoundCRM’s Privacy and Data Protection Policy at all times.

ANONYMISATION OF DATA

Enquiry data will only be held for 6 months after an enquiry has been “closed”. After this point, the data will be anonymised and will not be retrievable. The reports will be unaffected. Below is a list of data that will be anonymised or deleted:

• Names

• Email Addresses

• Phone Numbers

• Address/Postcodes

• Doctor/Social Worker Names

• Notes (deleted)

• Documents (deleted but can be restored by super admin users if necessary)

BACKUP

• Full backups of all FoundCRM data are performed daily and are stored for 30 days.

• The backups process begins at 2am, customers will be able to use FoundCRM as normal while backups are processing.

• Should data-recovery be required, the most recent and thorough backup will be used for recovery purposes, unless otherwise requested by the customer.

• All reasonable efforts will be made by FoundCRM to prevent any data loss.

• Arrive Digital Ltd will inform customers whenever data recovery takes place and the date and time the data has been recovered to.

• If data is irrecoverably lost following data recovery, it is the Customer’s responsibility to re-input any lost data.

SUPPORT SERVICES AND FAIR USAGE

OVERVIEW

• Arrive Design Ltd. (“FoundCRM”) encourages customers to take full advantage of our excellent customer service team. FoundCRM strives to make sure all of our customers get the best out of the software and assists them in doing so in every way FoundCRM’s team reasonably can.

SUPPORT SERVICES

• FoundCRM Support Services can be accessed via email on [email protected] or by telephone on 01442 202748 during normal business hours 09:00-17:00 Monday – Friday (excluding Bank Holidays). We will aim to respond to every query within 1 working day.

• Inclusive Support Services are provided by the FoundCRM Support Team to its Authorised Users free of charge.

• The Customer Support Team may be assisted by other teams, including Training and Account Management, as deemed appropriate by FoundCRM, to deliver Inclusive Support Services.

• Inclusive Support Services are defined as support for technical issues relating to the use of FoundCRM software, hardware and services. This can be defined as including:

1. Technical queries and advice

2. Trouble Shooting

3. Training

4. Processing service requests

5. Product configuration advice

• Access to inclusive Support Services is restricted to reasonable and fair usage as defined in “Fair Usage of Support Service” section of this policy.

• The Customer is responsible for any costs relating to network charges for calls to the FoundCRM Support Line or mobile data usage.

FAIR USAGE OF SUPPORT SERVICES

• The Customer is responsible for any costs relating to network charges for calls to the FoundCRM Support Line or mobile data usage.

• Customer Support Team or Account Management advice and assistance cannot be used in lieu of FoundCRM training or development work. Doing so prevents our Support Team from providing vital support to other customers.

• Where a customer query is identified as a request for a non-inclusive Support Service, the Customer will be quoted for the service in line with FoundCRM’s then current prices.

• Unless agreed otherwise between FoundCRM and the Customer the following services are considered non-inclusive services:

1. Development

2. Project Management

3. Consultancy

4. Database amendments

5. Out of hours support

6. Any other services outside the definition of Inclusive Support Services

Development Services

• The Customer Support Team are able to provide some basic technical database support.

• Any Customer request or query which requires support which goes beyond a reasonable request for technical troubleshooting is considered a development service and will be chargeable at the development daily rate.

• Development work will be passed to the development team to estimate the feasibility and time involved to complete the work.

• FoundCRM will quote the Customer based on the development team’s estimates. Development work will only commence upon agreement with the Customer.

Development work includes but is not limited to:

1. Any split, merge or change to the structure of customers’ databases.

2. Any unique changes to the interface or back-end databases

3. The introduction of any software feature or hardware compatibility only available to a small number of customers

• Where development work is requested that would be of benefit to the larger customer base, this will be considered as part of FoundCRM development release plan.

ARRIVE DESIGN LTD DETAILS

Arrive Design LTD is a company incorporated in England and Wales with registered number 09353054 whose registered address is 36 Southernhay, Basildon, SS14 1ET and it operates the Website www.foundcrm.care. The registered VAT number is 216021461.

You can contact Arrive Design LTD by email on [email protected]