Terms & Conditions.

In summary

 

We ask of you…

  1. Commitment – You are committed to nothing more than a rolling monthly term.
  2. Payment – Payments are collected in advance by credit/debit card by our card processor Stripe. Like most software providers, your card details are entered via our form upon sign-up and are stored securely within Stripe.
  3. Users & Security – Each person that you wish to access RADAR does so with their own user login and paid subscription. It is a breach of these terms for multiple individuals to access the system with one user’s login.
  4. Legal Compliance – The data you upload and process within RADAR is done so in accordance with the laws of England and the country in which you operate. RADAR accepts no liability for the misuse or illegal / non-compliant use of data by your company or users.
  5. Personalisation – To help us best tailor RADAR (subject to your subscription level) we ask that you share with us details of your processes and procedures – some of which may be commercially sensitive. Any information shared with us remains your IP and cannot be used to the benefit of RADAR or other customers.
  6. Ideas – If you have any ideas for development or future requirements, we proactively encourage our users to share those ideas with us. Should we implement any additional system features at our cost, the IP of that development remains the property of RADAR and may be used with other users.

 

We will provide to you…

  1. 99.9% up-time – RADAR operates from highly-available infrastructure to provide you with a consistent, fast and reliable experience. Any period of system outage, as a result of a failure with our infrastructure, data centre operator or development coding of longer than 4 hours may result in us providing you with a pro-rata refund to you of your user licenses for the period of outage.
  2. UK hosting – RADAR is hosted and operated completely within the UK. Your data will never leave the UK shore – meaning RADAR is entirely compliant with GDPR and other associated legislation that requires sensitive data remain on-shore for UK businesses.
  3. Support – RADAR provide an SLA (Service Level Agreement) to respond to ticket submissions. Priority 1 (urgent) issues will be responded to and a repair initiated within 15-minutes. Priority 2 (non-urgent) issues will be responded to within 2 hours. Priority 3 (change) requests will be responded to within the next business day.
  4. Data – The data you upload and enter into RADAR remains your own. Legally, RADAR is the ‘Data Processor’ – meaning that as long as you chose to store and process your data within our platform, we will provide you with a secure and compliant platform from which your data can be stored and processed. We are not ever the ‘Data Owner’ – legally, you will always remain the owner of any data uploaded or entered into RADAR.
  5. Export – You may export the data you enter or upload into RADAR at any time. A user with administrator permissions may export data in a .CSV file format. Some system entries, such as notes, may not easily be exported by users (due to database/front-end access limitations), so we will need to support this export for you via a support ticket request.
  6. User Subscriptions – You may scale your user subscriptions up and down at any time, with any changes during the month being reflected from the next month’s billing.

 

You accept and are bound by these terms upon completing your first payment.

In full

 

  1. Application
    1. These terms are a legally binding contract between the Parties – the Customer (you) and RADAR.
    2. These terms are deemed as accepted and are enforceable from the moment a sign-up form is completed and first payment successfully made.
  2. Definitions
    1. The Customer, (“Customer”, “Customers” or “You”), is the company, business or individual purchasing access and use of RADAR.
    2. RADAR CRM, (“RADAR” or “We”), refers to both the SaaS (Software-as-a-Service) CRM platform and the business (Wingman Marketing Limited) and its employees, supply chain and contractors that are collectively providing RADAR system access to the customer.
    3. Users, (“Users” or “User”), refers to the individual people assigned a subscription by the Customer.
    4. System Access, (“Access”), refers to the provision of access to RADAR CRM.
    5. Sign-up, (“Sign-up”), refers to the process and data on which the customer completes their sign-up form and enters payment information that successfully completes the initial subscription payment.
    6. The Term, (“Term”), is defined as the length of time that these terms are active and enforceable between the parties, with the exception of clauses individually specified as surviving this term.
    7. The Billing Cycle, (“Billing Cycle”), is defined as the period between each invoice or payment.
    8. The Onboarding, (“Onboarding”), is defined as the period in which RADAR are working to tailor the system to the customer’s requirements – within the limitations of the user subscription tier selected.
    9. Data, (“Data”), refers to any individual record or records created within, or uploaded or provided to, RADAR CRM by the customer.
    10. Subscription Level, (“Subscription”), refers to the tier of service purchased by the customer, its allotted features and pricing.
    11. Intellectual Property, (“IP”), refers to the related material, including any trade secrets, moral rights, goodwill and relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade names.
    12. Confidential Information, (“Confidential Information”), refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the customer.
  3. Term
    1. Upon sign-up, these terms become active on a rolling monthly basis.
    2. The customer may cancel at any time, but will forfeit any monies paid for the period remaining within that current billing cycle. However, system access will remain for that billing cycle.
  4. Payment
    1. Initial payment must be made by entering your credit or debit bank card details into the sign-up form. Payments will be processed on RADAR’s behalf by Stripe.
    2. Payments will then recur monthly (charged to the same card as defined upon sign-up) on the same-date for the current number of user subscriptions on your account.
    3. Card details may be changed at any time through Stripe’s portal or by contacting the RADAR support team who will provide you with a link – support@radarcrm.io.
    4. Onboarding will not commence until sign-up has been completed and an initial payment charged.
    5. If any payment fails to complete, RADAR reserves the right to restrict or remove access until a payment is successfully charged, or alternative form of payment has been provided and has been successfully charged.
    6. Value Added Tax (VAT) will apply and be charged if the customer is within the UK or another country in which VAT must be charged in accordance with current legislation.
  5. Use of Services
    1. Access – During the term we will provide you and your users with access in-line with the assigned features to your level of subscription.
    2. Modifications – We reserve the right to make modifications to subscription levels – adding to or enhancing the features provided. No features listed against your subscription during sign-up (or that are subsequently in active use by any customer) will be removed, unless that feature has been superseded by an improved version or we are ever compelled to do so by a change in legislation.
    3. Support Levels – RADAR will provided in-line with your subscription level, the parameters of support are defined against each subscription level as:
      1. Light: System fault, infrastructure and back-end support. A fair use level of support will be provided to new customers for ‘how to’ and change requests.
      2. Standard: The support provided within Light, additionally, change requests and system personalisations will be supported on a fair use basis for all customers, regardless of length of system use.
      3. Power Users: The support provided within Light and Standard, additionally, the support of custom modules will be provided on a fair use basis for all customers, regardless of length of system use.
      4. RADAR reserves the right to limit or apply a nominal fee for support requests that fall outside this scope or exceed levels deemed as fair use.
    4. Logging Support Cases – Customers are asked to either use the self-help online knowledgebase or raise support cases by email to support@radarcrm.io. A technician may need to arrange a call (or a screen share session) with you or your user/s to effect a fix, but support is not provided by phone in the first instance.
    5. Support SLAs – RADAR will provide support responses within the following Service Level Agreement timings:
      1. Priority 1 – urgent support for system or module outages or issues that are impacting all users – response within 15-minutes.
      2. Priority 2 – non-urgent issues that are impacting a small number of users – response within 2 hours.
      3. Priority 3 – change requests – e.g. alterations to users, data fields, modules – response within the next business day.
    6. Up-Time SLA – RADAR will provide customers with a guarantee of up-time at 99.9% of the time. System back-end issues that cause complete downtime for 4 hours or more will make the customer eligible for a partial refund of their subscription for that billing period, subject to the circumstances at-hand.
    7. Users – A user account may only be assigned by a customer to one single individual. User accounts may not be shared. User accounts may be reassigned upon that individual leaving the business or changing role.
    8. Additional Users – You may add users to your account at any time. The subscription fee will be adjusted at the next billing cycle to account for the charges of any additional users for the subsequent month, along with the number of prorata days of use to be charged in the month preceding.
    9. Legal and Compliant Use – Customers must use RADAR in compliance with current legislation as is relevant and defined by the laws of England & Wales and the laws of the country in which you operate. Customers are also expected to use RADAR in compliance with any other laws or regulations they are bound within their company or countries they operate within.
  6. Data
    1. As the customer, you remain the ‘Data Owner’ as defined in appropriate legislation (and EU GDPR legislation). At no point will RADAR become the Data Owner for any customer data.
    2. RADAR will operate as the ‘Data Processor’ per current legislation.
    3. RADAR is hosted and operated entirely within the UK and is therefore suitable and compliant for your use in accordance with the data protection laws of England & Wales and GDPR.
    4. Exports – RADAR supports the ability for customers to export their data at any time. Should you wish to export data, customers are kindly asked to export their own system data from each module using the feature provided – data will be exported in .CSV format. Certain modules, such as comments and notes, cannot be exported by users – a support request must be logged for our team to export this data for you, which will be considered a Priority 3 case.
  7. Confidentiality
    1. RADAR will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which we have obtained, except as authorised by you or as required by law. The obligations of confidentiality will apply during the term of this agreement and will survive indefinitely upon termination of this agreement.
    2. All written and oral information and material disclosed or provided by the customer to RADAR under these terms is deemed confidential, regardless of whether it was provided before or after the data on which these terms became active, or how it was provided to the contractor.
  8. Intellectual Property
    1. This is an agreement for access to and use of the subscription, and you are not granted a license to any software by this agreement. The subscription service and any consultancy that we have provided, are protected by intellectual property laws and remain the property of RADAR. You agree to not copy, rent, lease, sell, distribute or create derivative works based on the RADAR subscription service or any RADAR content.
    2. All customers are encouraged to comment or suggest improvements for the service. You agree that all such comments or suggestions are, unless unique and private to the personalisations of your account, will be non-confidential and that the IP of any such developments or ideas remain the property of RADAR, without payment or attribution to you.
  9. Indemnification
    1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with these terms. This indemnification will survive the termination of this Agreement.
    2. The Customer accepts liability and indemnifies RADAR for any and all breaches of GDPR legislation made by the customer’s use of RADAR and its data.
  10. Modification of Agreement
    1. Any amendment or modification of these terms will be shared in writing by RADAR to all customers at the point of the alterations taking effect. If a customer wishes to raise concern or challenge to any amended terms, they must do so in writing to support@radarcrm.io within 5-working days of the new terms becoming active.
  11. Governing Law
    1. These terms will be governed by and construed in accordance with the laws of England & Wales.

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