User Agreement
User Agreement
SOFTWARE USER AGREEMENT
This Software User Agreement (“Agreement”) is entered into by and between Phoenix CRM, LLC, (“Provider”) having its principal place of business in Baldwin County, Alabama, and the user (“Customer”). User is the individual and/or company that is listed within the subscription and sub account in which this user agreement is located and referring to.
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for your account. The platform is intended for business use or in connection with an individual’s trade, craft or profession. As the individual who accepts these terms, you are the owner of the platform account unless you are acting on behalf of the business entity, you represent and warrant that you have the authority to bind the business entity to these terms.
1. SERVICES
Provider offers cloud-based software services including the use of the Provider’s platform. Customer desires to purchase and use the software services under the terms and conditions set forth in this agreement. Services vary dependent on package subscribed to.
Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to Phoenix CRM, LLC must be sent to [email protected]. You agree to allow us to submit notices to you either through the e-mail address you provided when registering, or any address we have on record. Notices are effective on receipt.
Phoenix CRM, LLC may contact you regarding this user agreement or the Terms listed on our website using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Phoenix CRM, LLC you can click on the “unsubscribe” link provided in such communications or contact us at [email protected].
When you create a platform account you must designate a primary email address that will be used for receiving electronic communication related to the user agreement and terms. Phoenix CRM, LLC will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Phoenix CRM, LLC do not respond to the email and notify Phoenix CRM, LLC by emailing us at [email protected]
For all other feedback, comments, requests and technical support and other communications relating to the platform or the terms or user agreement contact us at or by mail at:
Phoenix CRM, LLC
1111 East I-65 Service Rd South
Ste 104-1109
Mobile, AL, 36606
2. SUBSCRIPTION TERMS AND CONDITIONS
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue on a month-to-month or Annual basis thereafter. Customer’s first payment will be due the day after the free onboarding window has expired. The Agreement shall continue to renew on a month-to-month or Annual basis unless terminated in writing by either party. Written notice and cancellation of this Agreement must be emailed to
.
Phoenix CRM, LLC utilizes High Level, Inc for their platform. High Level, Inc.’s terms and conditions can be found at
https://www.gohighlevel.com/terms-of-service
the user agrees to abide by all of High Level, Inc’s terms and conditions in conjunction to the Phoenix CRM, LCC terms, conditions and user agreements.
All subscription packages are charged additional user fees, maintenance fees and setup fees based off of the customized structure set forth in their package. The user understands that their monthly subscription is subject to change based on the amount of users, maintenance fees, phone usages, add ons and additional per use charges that are added or removed throughout the month.
Agency subscribers will be charged for any additional users on a prorated basis if the user is added on any day outside of the their monthly payment. Plans with unlimited user structures will be charged once per month for their subscription.
Agency accounts will pay their initial $1,000 setup fee immediately and their $300 subscription will begin 5 business days after the setup fee is collected OR on the agreed upon date if a more complex build is required for the specific agency. This may result in a longer setup time.
Agency accounts that use the Agency Round Robin system will be responsible for all usage fees for each user underneath their designated subaccount. The user also understands that they are responsible for ALL agent fees acquired within their CRM and understand that they will be charged for the recharge fees for agent billing accounts and then paid back that fee once the agent pays the bill. Phoenix CRM, LLC is not responsible for any fees or charges from High Level Inc. or from their agents, sub accounts, user accounts, teams, staff or subscribers.
Phoenix CRM, LLC uses a premade template to create the terms and conditions page and privacy policy page for the user’s website. Phoenix CRM, LLC is not responsible for the legality of these pages and the user recognizes that they should have their legal representative such as an attorney review these documents to edit them if they intend them to be legally binding.
3. FEES
Customer shall pay Provider fee(s) based on the specific plan that Customer subscribed to as well as any per use fees. Fees shall be due and payable on the first day of the subscription start day, and every day after until the subscription is cancelled. Customer shall pay the Provider the following fees on a per use basis which include but are not limited to; all AI communication and creation fees, phone call fees, sms fees, texting fees, email fees, WhatsApp fees, WAVV fees, Yext fees, WordPress fees, High Level, Inc fees and any fees incurred from marketplace purchases. Team Pro Plus plans and Corporate plans will be responsible for all fees that their sub accounts and users owe. Customer will keep a valid debit card on file for auto billing of these fees. Customer will be charged $10 to cover these fees every time their balance becomes lower than $0.00. Phoenix CRM, LLC will make 7 attempts to charge the payment method on file. After the seventh failed attempt the account will be suspended until payment is made. Once owed fees are paid the account will become active again. All fees can be found at www.phoenixcrm.pro on the “pricing” page.
All users will be given 48 hours after a missed payment to bring their account up to date. If payment is not received within 48 hours of missed payment all sub accounts, users and the main user account will be suspended until payment is made. Once payment is made, all accounts, users, sub accounts and the main user account will be reactivated within 24 hours of payment.
There user recognizes that some subscriptions will include a direct subscription to High Level, Inc. If the user is directly subscribed to High Level Inc. Phoenix CRM, LLC is not responsible for any fees or charges acquired from High Level Inc.
The user recognizes that communication fees vary based off of the location of of the user. The user agrees to pay the specific fee that is charged to them based off of their location.
There may be additional custom quotes and fees based off additional projects that Phoenix CRM, LLC decides to take on - requested by the client. Projects that are not included in the user’s specific package will be billed separatley through Stripe.
Phoenix CRM, LLC is partnered with 3rd party companies that are able to integrate their services with our platform. Phoenix CRM, LLC is not responsible for anything that may fall under the 3rd party company's agreements, fees, usage, system etc... Third party company's include but are not limited to, Closebot Ai, WAVV Power Dialer, Kixie, Phone Burner, lead companies, marketing agencies etc...
Phoenix CRM, LLC is not responsible for any lost, stolen or misused data or unwanted fees if the user has given other users or company's access to their platform through the use of additional user seats or through their API key.
4. INTELLECTUAL PROPERTY
Provider retains all right, title and interest to the services and CRM platform, including all intellectual property rights therein. Customer acknowledges that they are obtaining only a limited right to use the services and CRM platform and that no ownership rights are being conveyed to Customer under the terms of this Agreement.
5. CONFIDENTIALITY AND SECURITY
Customer understands that Provider will have access to data of Customer’s clients. Customer will take all necessary steps including, but not limited to, obtaining written authorization from their clients to allow the client’s information to be entered into Provider’s CRM platform. In the event any of this information is deemed confidential by Customer of Customer’s clients, Customer will have sole
responsibility to obtain all necessary releases and disclosures from Customer’s clients for said information to be used by Provider on the CRM platform.
Customer also accepts full responsibility for the security of their data and will maintain up to date cybersecurity protection to ensure that their client data is secure on the platform. Customer further will indemnify and hold Provide harmless from any data security issues or breaches that may occur as a result of Customer’s information on the platform.
6. TERMINATION
Either party may terminate this Agreement at any time. In the event that Customer breaches the terms of this Agreement, Provider may terminate this Agreement within fourteen (14) days following written notice of such breach. Customer will be granted access to their account for the remainder of the paid subscription period. Upon the termination of this Agreement, Customer shall notify Provider if they desire to delete their entire account on the platform. Customer understands that in requesting the deletion of their account that the data stored in their account will also be deleted. Upon termination of this Agreement, Provider will store the data on Customer’s CRM platform for one (1) year from the date that the Agreement was terminated. No refunds will be given int he event of termination.
7. REFUNDS
Customer will be given a 3 day free trial and no refunds will be given
unless otherwise agreed upon in writing by Phoenix CRM, LLC and Customer. Phoenix CRM, LLC’s no refund policy is due to the extensive amount of customizations that are added to each account during onboarding.
8. EXTERNAL PAYMENTS AND SUBSCRIPTIONS
Phoenix CRM, LLC is not responsible for any external subscriptions, integrations or third party billing. External subscriptions, integrations and third party billing of any subscription, membership or payment that is not directly billed by Phoenix CRM, LLC but, may be used within the Phoenix CRM, LLC platform.
9. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Alabama. The parties agree that any dispute arising from this Agreement shall be filed in Baldwin County, Alabama, and both parties waive any right to any objection to the choice of venue. In the event that legal action is commenced for a breach of this Agreement, the non-defaulting party shall be awarded their attorney’s fees and costs associated.
Limitation on Time To File Claims
Any cause of action or claim you may arising out of our relating to these terms or the platform must be commenced within three (3) months after the event giving rise to the action or claim occurred, regardless of when you knew or should have known about it; otherwise, such cause of action or claim is permanently barred.
Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Phoenix CRM, LLC for which monetary damages would not be an adequate remedy, and Phoenix CRM, LLC shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
10. ENTIRETY OF AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, related to such subject matter.
11. SIGNATURE
By checking off the checkbox next to the user agreement link during the payment process which states “I have read and agree to the user agreement” you are agreeing to all of the terms and conditions of your subscription that are stated above.
