Section One: Terms and Conditions
1.1. The terms and conditions set out in this Annex relate to our hosted CRM service (“CRM Service”) and are in addition to our general Trading Terms.
1.2. The CRM Service means the service we provide to you so that you may store your customer data in an AWS database (as defined below).
1.3. We may from time to time amend the Terms, Charges or Services. Whenever we make such changes, we will update the Website to reflect this and notify you in writing to your nominated email address that forms part of your Master Contact Details.
1.4. All definitions used in the main body of the trading terms apply to this Annex.
1.5. Any reference to a “clause” is to a clause of the general Trading Terms. Any reference to a “paragraph” is to a paragraph of this Annex.
1.6. Other definitions that appear only in this Annex have the meanings set out below:
- “AWS” means RDS Amazon Web Services, the online database service operated by Amazon Inc. as specified at: https://aws.amazon.com/rds/;
- “AWS Customer Agreement” means the contract terms specified by Amazon in connection with use of AWS which may change from time to time, the current version of which is set out at: https://aws.amazon.com/agreement/;
- “CRM Service” has the meaning given to it in paragraph 1.1;
- “Content” means all Data associated stored using the CRM Service;
- “Globe2 Personal Data” means “personal data” processed in the course of our business and for which we are the “data controller” for the purposes of the Data Protection Act 1998.
- “DataStudio” means the Google Data Studio
- “Power BI” means Microsoft Power BI
- Use of the Services
2.1. To use the CRM Service, you must:
2.1.1. Purchase from us and keep active a CRM Service;
2.2. Once activated, the CRM Service will store any data uploaded to it via the CRM interface. Any request to stop (or deactivation of) the CRM Service will not affect your liability in respect of the Minimum Contract Period.
2.3. You acknowledge and agree that at all times:
2.3.1. You will comply with all relevant Law. The storing of Personal Data engages a number of legislative instruments and areas of law. This may include, without limitation, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the common law concerning confidence and privacy. Without affecting the provisions of clause 8 of the Main Body Terms, you are solely responsible for complying with all relevant Law and you acknowledge and agree that failing to do so may result in legal liability to you. You are strongly advised to seek independent legal advice concerning your storing of Personal Data using the CRM Service;
2.3.2. You will remain solely responsible for:
126.96.36.199. any Content stored on the CRM service;
188.8.131.52. notifying the other party that the Data is being recorded on the CRM Service and (where relevant) DataStudio and/or PowerBI and (where appropriate) seeking consent in accordance with relevant Law; and
184.108.40.206. the Content generated by means of the CRM Service, DataStudio or PowerBI.
2.4. We will only access your data for the purposes of providing the CRM Service.
- Data Protection Act compliance
3.1. You acknowledge and agree that, for the purposes of the Data Protection Act 1998:
3.1.1. The Data recorded constitute “personal data” and may, depending on the content, constitute “sensitive personal data”;
3.1.2. You are the “data controller” and, in respect of enabling the recording of data using the CRM Service, we are the “data processor”;
3.1.3. You are solely responsible for determining appropriate data retention periods for the Content stored in the CRM Service, and acting accordingly to effect deletion, for the purposes of relevant Law.
3.1.4. As data controller for the Content, you permit us to carry out data processing by means of operating the CRM Service in accordance with the Terms. Once the CRM has been enabled, our duties as data processor will cease. This is the only processing of the Content that we will carry out in connection with the CRM Service.
3.1.5. In relation to our duties as data processor:
220.127.116.11. We agree to use our reasonable endeavours to comply with any reasonable and lawful instruction which you, as the data controller, give to us in connection with the Content (and we will not act on instructions from any third party in respect of the processing, except where it is necessary to comply with a relevant regulatory authority or is otherwise required under relevant law);
18.104.22.168. We will carry out the relevant processing of the Content with the same degree of skill and care as we exercise in respect of the processing of Globe2 Personal Data and, in any event, in accordance with obligations equivalent to those imposed on a data controller by the seventh principle of the Data Protection Act 1998.
4.1. In addition to the indemnity set out in clause 12 of the Main Body Terms, you agree to fully indemnify us and keep us fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by us in connection with:
4.1.1. Your breach of any relevant Law (including, but not limited to the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000), the General Data Protection Regulation and the common law concerning confidence and privacy; or
4.1.2. Your breach of the Terms.
- Availability of the CRM Service and Content after suspension or termination
5.1. Your Data and Content are backed up daily, with backups stored for seven days. In the event of the Contract being terminated, your Data and Content, including all backups, will be permanently deleted.
5.2. You will be unable to access the CRM Service if in accordance with the Terms, we suspend your CRM Service or terminate the Contract.
5.3. If you choose to terminate the Contract for your relevant CRM Service, you will be unable to use the CRM Service or access the associated data after the relevant notice period expires and we will have no responsibility or liability to you in this regard.
5.4. Where any of the suspension, termination or access-revocation events set out in paragraphs 5.2 to 5.3 occur, we will have no liability to you provided we act in accordance with the Terms.
Section Two: Price Lists
6.1. Details of all prices in this Annex are exclusive of VAT.
6.2. The prices for our Goods and Services will be those which are set out on the Website at the date on which the Contract is formed, and will be confirmed on the Order Confirmation.