Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions are the contract between you and WORK CRM (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

WORK CRM  is a trade name of ALEXAND CORPORATION, under company number 162729720000 registered with the Dodecanese’s Chamber of Commerce in Greece, with VAT Number 801755064.  

If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our App/Website and stop using the Work CRM

BACKGROUND:

Alexand Corporation provides access to www.workcrm.eu described as Work CRM herein in its capacity as an Application Service Provider.

The Customer (You) wishes to access the Work CRM described herein as hosted by Alexand Corporation under a non-exclusive Licence, from a remote location, in return for the payment of a monthly or annual subscription and subject to the terms and conditions of this Agreement.

IT IS AGREED as follows:

1. Definitions and Interpretation
   • In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

• Unless the context otherwise requires, each reference in this Agreement to:
  • “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • “this Agreement” is a reference to this Agreement and each of the Schedules as amended or supplemented at the relevant time;
  • a Schedule is a schedule to this Agreement; and
  • a Clause, sub-Clause, or paragraph is a reference to a Clause of this Agreement (other than the Schedules) or a paragraph of the relevant Schedule.
• The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
• Words imparting the singular number shall include the plural and vice versa.
• References to any gender shall include the other gender.

2. The Service
   • Alexand Corporation shall, with effect from the Subscription Date, provide the Service to the Customer on a non-exclusive basis in accordance with the terms and conditions of this Agreement.
   • Alexand Corporation shall provide access to the Work CRM through the workcrm.eu and shall use its best and reasonable endeavours to ensure that such access is available, without interruption, 24 hours a day, 7 days a week, 365 days a year. This undertaking shall be subject to the exceptions contained in Clauses 4, 12, 18, and 19 of this Agreement.

3. Term
   • The Service will be provided by Alexand Corporation during the term of this agreement (the “Term”), which shall commence on the Subscription Date and will continue indefinitely unless otherwise terminated in accordance with Clause 19 of this Agreement.
   • The Term may be renewed on the same terms and conditions as set out in this Agreement

4. Fees and Payment
   • The Fees due for the Service are specified in Schedule 2 to this Agreement.
   • The Customer shall pay to Alexand Corporation all Fees due in the form of subscription packages online via workcrm.eu
   • In the event the customer wishes to subscribe to “ Enterprise Plus & Unlimited Plus”, an invoice will be provided to the customer by Work CRM. Such invoice payment shall be via Bank Transfer or SEPA (Single Euro Payments Area).
   • In the event that the Customer does not pay all Fees due within the time period specified in sub-Clause 4.2 and 4.3 above, Alexand Corporation shall suspend the Customer’s use of the Service in terms of the package’s subscription period
   • Alexand Corporation reserves the right to vary the Fees from time to time as it may deem appropriate. The Customer shall receive 30 days’ written notice of any such variation.  Such variations shall take effect upon expiry of such notice, subject to the Customer’s right to terminate this Agreement in accordance with sub-Clause 19.3.

5. The Work CRM
   • The Work CRM to which the Customer shall have access is detailed in Schedule 1 to this Agreement.

6. Training

In the event that any Users require training in order to use the Work CRM, it shall be the responsibility of the Customer to ensure that all Users are appropriately trained and to bear any costs associated with such training. 

7. Security
   • Alexand Corporation shall ensure that at all times the workcrm.eu is fully secure with the latest software securities, firewalls, redundant systems, and files backup

8. Maintenance
   • Alexand Corporation shall be responsible for all maintenance and upgrades to the workcrm.eu which may from time to time be required.
   • Whenever possible, Alexand Corporation shall use its best and reasonable endeavours to undertake maintenance work outside of the Customer’s business hours
   • Where maintenance will disrupt the Service, Alexand Corporation shall aim to complete all necessary work within 1-2 Business Hours or as soon as possible thereafter where resolution in that time is not possible.
   • Whenever possible, Alexand Corporation shall provide a workaround solution to the Customer to enable the Customer’s continued use of the Service or to enable use that is as close to normal as is possible under the prevailing circumstances.

9. Software Licences
   • The Customer shall use all Work CRM under a non-exclusive, non-transferrable licence, as set out in this Agreement.
   • All Work CRM provided by Alexand Corporation are the property of Alexand Corporation unless otherwise stated and shall be covered by the terms of the licence included in this Agreement.

10. Work CRM Terms of Use
    • Users’ access to the Work CRM and the workcrm.eu shall be controlled by means of username, password, and other security methods utilized by Work CRM.
    • Should the Customer require an increased maximum number of Users and or Storage such an increase shall be possible through the option of Subscription Package Upgrade by the Customer. Alexand Corporation reserves the right to increase Fees proportionately, in accordance with Schedule 2, in the event of a change of subscription package.
    • Use by Non-Customer Users is not permitted under this Agreement in the absence of express written consent from Alexand Corporation, such consent is not to be unreasonably withheld. Alexand Corporation may require such details as the reason that access to the Work CRM and workcrm.eu is required by the Non-Customer User, details of the Non-Customer User, and other information which may be specified from time to time.
    • The Customer shall use the Service exclusively for the purposes of carrying on its business using all the features described on workcrm.eu website.
    • Alexand Corporation shall monitor the Customer’s use of the Work CRM and workcrm.eu from time to time to ensure compliance with the terms and conditions of this Agreement.
    • The Customer is exclusively responsible for its use of the Service, including the conduct of individual Users (Users to include any authorised Non-Customer Users) and must ensure that all use is in accordance with this Agreement. The Customer shall notify Alexand Corporation immediately of any breaches of this Agreement by any Users or Non-Customer Users.
    • The Customer’s use of the Work CRM and workcrm.eu may, from time to time, be governed by statutory or regulatory rules and requirements external to the terms and conditions of this Agreement. It shall be the Customer’s exclusive responsibility to ensure that their use of the Service is in compliance with any such laws.
    • The Customer’s use of the Service shall be subject to the following limitations, any of which may be waived by Alexand Corporation giving their express written consent:
      • The Customer may not use or redistribute the Work CRM or the workcrm.eu for the purpose of conducting the business of an Application;
      • The Customer may not redistribute or reproduce the Work CRM or the workcrm.eu through any network; and
      • The Customer may not allow any unauthorised third party to access the workcrm.eu

11. Support
    • Alexand Corporation shall provide telephone, and email support services during their normal business hours of Monday to Friday between 9 a.m. – 6 p.m. and Saturday between 9 a.m. and 1 p.m, such business hours exclude public holidays. The support provided by Alexand Corporation shall relate only to the workcrm.eu
    • When seeking support the Customer shall use its best and reasonable endeavours to provide the fullest information possible to aid Alexand Corporation in diagnosing any faults in workcrm.eu
    • Alexand Corporation shall aim to resolve all support problems during Business Hours or as soon as possible thereafter where resolution in that time is not possible.
    • Whenever possible, Alexand Corporation shall provide a workaround solution to the Customer to enable the Customer’s continued use of the Service or to enable use that is as close to normal as is possible under the prevailing circumstances.

12. Intellectual Property
    • Subject to sub-Clause 13.2 all Intellectual Property Rights subsisting in the Work CRM, including any supporting software and documentation are the property of Alexand Corporation. For the purposes of this Clause 13, ‘Work CRM’ along with supporting software and documentation are taken to include the manner in which all such material is compiled and presented.
    • Where expressly indicated, the Intellectual Property Rights subsisting in certain Work CRM including any supporting software and documentation may be the property of named third parties.
    • The Customer shall not either during the term or after the expiry of this Agreement permit or cause to occur any infringement of any Intellectual Property Rights covered by this Clause 13. Use by the Customer and its employees of the Service shall be only within the terms of this Agreement.
    • The Customer shall not, in the absence of Alexand Corporation’s written consent, reproduce, adapt, translate, reverse-engineer, or make available to any third party any of the Work CRM, or any other material associated with this Agreement where such activity goes beyond the scope of actions permitted by the terms and conditions of this Agreement.
    • Where the Customer either suspects or is aware of any breach of Intellectual Property Rights covered by this Clause 13 it shall be under a duty to inform Alexand Corporation of such breach immediately.

13. Customer Data
    • All Intellectual Property Rights subsisting in Customer Data are and shall remain the property of the Customer.
    • Certain Customer Data may belong to third parties. In such cases, the Customer warrants that all such Customer Data is used with the consent of relevant third parties.

14. Confidentiality
    • During the Term of this Agreement and after the termination or expiration of this Agreement for any reason, Alexand Corporation shall use its best and reasonable endeavours to ensure that all Customer Data is kept secure and confidential. Alexand Corporation shall not, in the absence of express written consent from the Customer, disclose Customer Data to any third party unless such disclosure is required by law in which case the Customer shall be

15. Liability
    • Subject to Clause 17 of this Agreement, Alexand Corporation shall not be liable to the Customer for any indirect or consequential loss the Customer may suffer even if such loss is reasonably foreseeable or if Alexand Corporation has been advised of the possibility of the Customer incurring it.
    • Alexand Corporation’s entire liability to the Customer in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement shall be limited to €1 (One Euro).

16. Indemnity
    • The Customer will fully indemnify Alexand Corporation against all costs, expenses, liabilities, losses, damages, and judgments that Alexand Corporation may incur or be subject to as a result of any of the following:
      • The Customer’s misuse of workcrm.eu or any other element of the Service;
      • The Customer’s breach of this Agreement; or
      • The Customer’s negligence or other act of default.
    • Alexand Corporation will fully indemnify the Customer against all costs, expenses, liabilities, losses, damages, and judgments that the Customer may incur or be subject to as a result of Alexand Corporation’s breach of this Agreement.

17. Force Majeure
    • Neither Alexand Corporation nor the Customer shall be liable for breaching this Agreement where that breach results from Force Majeure.
    • Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to power failure, internet failure, industrial action, civil unrest, theft, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

18. Termination
    • Alexand Corporation reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:
      • If the Customer fails to pay Fees due under Clause 4 of this Agreement;
      • If the Customer is in breach of the terms of this Agreement;
      • If the Customer becomes insolvent;
      • If the Customer is unable to pay its subscription fees or
      • If the Customer has a receiver, manager, administrator, or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up, or is the subject of a petition presented to a court for its winding up or for an administration order.
    • The Customer reserves the right to terminate this Agreement in the following circumstances:
      • If Alexand Corporation is in breach of the terms of this Agreement;
    • The Customer may also terminate this Agreement in the event of an increase in Fees under sub-Clause 4.5 if it considers such an increase to be unreasonably high. This right to terminate shall be subject to the Customer deleting their account.

19. Notices
    • All notices under this Agreement shall be in writing.
    • Notices shall be deemed to have been duly given:
      • when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
      • when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
      • on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
      • on the tenth business day following mailing, if mailed by airmail, postage prepaid.
    • In each case notices should be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

20. Relationship of Parties

Nothing in this Agreement shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between Alexand Corporation and the Customer.

21. Assignment

Neither Party shall assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of the other, such consent not to be unreasonably withheld.

22. Severance

The Parties agree that, in the event that one or more of the provisions of this Agreement is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of this Agreement.  The remainder of this Agreement shall be valid and enforceable.

23. Entire Agreement
    • This Agreement embodies and sets forth the entire agreement and understanding between the Parties and supersedes all prior oral or written agreements, understandings, or arrangements relating to the subject matter of this Agreement. Neither Party shall be entitled to rely on any agreement, understanding, or arrangement not expressly set forth in this Agreement, save for any representation made fraudulently.
    • Unless otherwise expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both of the Parties.

24. No Waiver

The Parties agree that no failure by either Party to enforce the performance of any provision in this Agreement shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this Agreement.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

25. Non-Exclusivity

The relationship between the Parties under this Agreement is and shall remain non-exclusive.  Both parties are free to enter into similar relationships with other parties.

Arbitration

• It is agreed that where any dispute or difference relating to this Agreement arises between the Parties that matter shall be referred to the arbitration of a single arbitrator with appropriate qualifications and practical experience to resolve the particular dispute.
• The arbitrator shall be agreed by the Parties or in the event of failure to agree shall be appointed by the appropriate court in the Republic of Greece or the European Union.
• The Parties shall promptly furnish to the arbitrator all information reasonably requested by him relating to the particular dispute, imposing appropriate obligations of confidence.
• The Parties shall share the fees and expenses of the arbitrator equally. The decision of the arbitrator shall be final and binding upon both Parties.

26. Law and Jurisdiction
    • This Agreement shall be governed by the laws of the Republic of Greece.
    • Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction the Republic of Greece or the European Union.

SCHEDULE 1

WorkCRM

WorkCRM is a Client Relations Management hosted in the cloud that provides business features such as:

• Send Invoices
• Manage Payments & Expenses
• Manage Projects & Tasks
• Human Resources

SCHEDULE 2

Notice: For custom software development and integration with own/third-party software, we will bill per hourly, weekly or monthly rate.