Terms and Conditions

Revised on 2024-01-24

THE ENTITY UTILIZING THIS SOFTWARE, WHETHER A COMPANY, NONPROFIT, OR END USER, IS LIABLE FOR ALL ACTIVITIES, INCLUDING CALLS AND TEXT MESSAGES, ORIGINATING FROM THEIR ACCOUNT.


By using SimplyworkCRM, I, as a User or Company Representative, hereby affirm that I have read, understood, and agree to these Terms of Service. If you disagree with any terms herein, please discontinue the use of this website immediately by closing your internet browser. This website, app.simplyworkcrm.com, is intended for users who adhere to our Responsible Use of Service terms.


SECTION A: TERMS AND LIABILITY

Limitation of Liability:

A. SimplyworkCRM shall not be liable for any failure of performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God, fires, floods, other natural disasters, national emergencies, insurrections, riots, wars, acts of terrorism, labor disputes, and any laws, orders, regulations, or actions of any governing authority.

B. Under no circumstances shall SimplyworkCRM be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including lost profits, arising from its performance or non-performance under this agreement. This clause shall survive the termination of this agreement.

C. The User shall indemnify, defend, and hold harmless SimplyworkCRM against all claims, losses, or damages arising from the use of the SimplyworkCRM service. This includes claims of libel, slander, invasion of privacy, copyright infringement, and any claims arising from intentional acts or omissions by the User or authorized individuals in connection with the service.


General Provisions:

  • These terms represent the entire agreement and understanding between Simplywork Media LLC and the User regarding SimplyworkCRM.

  • Any amendment to these terms must be in writing and signed by both parties.

  • These terms are governed by and construed in accordance with the laws of the jurisdiction where Simplywork Media LLC is registered.


D. Warranty Disclaimer:

SimplyworkCRM makes no express or implied representations or warranties about its services. This disclaimer includes any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SimplyworkCRM does not authorize any third-party representations regarding warranties, and users should not rely on any such third-party statements as warranties from SimplyworkCRM.


E. Limitation of Liability for Third Parties and Interconnected Systems:

SimplyworkCRM shall not be liable for acts or omissions of any external companies or third parties that contribute to the service, nor for damages associated with services or equipment not provided by SimplyworkCRM. This also includes damages resulting from the operation of customer-provided systems, equipment, or services that are interconnected with SimplyworkCRM services.


F. Cooperation with Law Enforcement:

SimplyworkCRM reserves the right to disclose user information, including IP addresses and other personal data, to law enforcement authorities in cases of investigations of system misuse or as required by law.

G. Compliance with Do-Not-Call Lists:

Users agree to ensure that all contact numbers uploaded for use in campaigns have been vetted against applicable federal and state Do-Not-Call lists. Users accept full liability and legal responsibility for dialing these numbers, adhering to all relevant regulations.

SECTION B: RESPONSIBLE USE OF SERVICE:

SimplyworkCRM is designed to empower users with telemarketing capabilities. While we respect user privacy and do not monitor messages or database uploads without consent, users are expected to use the service responsibly and in compliance with all applicable laws. This includes, but is not limited to:

  • Creating compliant audio announcements.

  • Providing legally vetted calling lists.

  • Conducting calling campaigns in a responsible and lawful manner.

  • Adhering to SimplyworkCRM's terms of service and privacy policies.

Users are reminded that it is their responsibility to ensure that all aspects of their calling campaigns comply with legal and ethical standards.

IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:

1. Legal Compliance for Call Campaigns: Before utilizing SimplyworkCRM for any call campaign, it is imperative that you, as the user, take responsibility to understand and comply with all relevant Federal and State Laws. This includes, but is not limited to, telemarketing laws, consumer protection statutes, and privacy regulations. Ensuring legal compliance helps protect both your interests and those of the call recipients.

2. Respect for Calling Time Restrictions: Adherence to established calling time restrictions is crucial. These restrictions are in place to respect the privacy of individuals and vary depending on the geographical location and specific context of your call campaign. It is your responsibility to know and adhere to these time-bound regulations.

3. Do-Not-Call List Management: In managing your call lists, it is essential to respect do-not-call requests. If a recipient requests to be removed from your calling list, you must immediately and permanently honor this request. This is not only a legal requirement but also a practice in ethical telemarketing.

4. Ethical Calling Practices: Actively allowing recipients to opt-out and avoiding calls to those who do not wish to be contacted is a cornerstone of responsible and ethical telemarketing. This practice helps maintain the integrity of your campaign and respects the rights of the individuals.

5. Compliance with Calling Time Rules: You must strictly follow all Federal and State calling time rules and restrictions. This compliance is vital for legal adherence and for maintaining the professionalism of your call campaign.

6. Transparency in Caller Identification: Every call initiated through SimplyworkCRM must start with a clear identification of the caller. You are also required to provide accurate contact information, such as a phone number and address, at the beginning of the call. This transparency is key to building trust with your call recipients and is often mandated by law.

7. Prohibition of Multi-Line Engagement: Engaging multiple lines of a multi-line business simultaneously is unlawful and strictly prohibited. This practice is considered disruptive and can be penalized under various telecommunications laws.

8. Emergency Services Restriction: You must never send messages or make calls to emergency service lines, such as 911, hospital emergency lines, healthcare facilities, or law enforcement agencies. These lines must remain open for urgent and emergency communications.

9. Restrictions on Unsolicited Messages: Sending unsolicited messages to devices that incur charges, such as mobile phones, beepers, or pagers, without prior consent, is not allowed. This is part of respecting the privacy and consent of the recipients.

10. Prohibition of Unauthorized Pre-Recorded Messages: Sending pre-recorded sales messages to individuals who have not given prior consent or with whom you do not have an existing business relationship is prohibited. Compliance with this rule is essential for respecting consumer rights and avoiding legal penalties.

11. Familiarity with SimplyworkCRM Terms of Service: It is your responsibility to read, understand, and adhere to the SimplyworkCRM Terms of Service. These terms provide a detailed legal framework for your use of the service and are available for review on the SimplyworkCRM website.

Breach of Terms and Data Management:

  • Any violation of these terms can result in the immediate termination of your service.

  • SimplyworkCRM Inc. stores but does not actively use data from your dialing campaigns, except for compliance or legal purposes.

  • Dialing information, including phone numbers and call history, may be disclosed to legal authorities if required.


Regulatory Framework Compliance:

  • Your use of SimplyworkCRM must comply with the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and various state laws governing phone calls and telemarketing.


Regulatory Framework Compliance:

In addition to adhering to the regulations set forth by the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and various state laws, users of SimplyworkCRM must also be aware of and comply with the following regulatory requirements:

  • Data Privacy and Protection Laws: Users must ensure compliance with applicable data privacy laws, such as the General Data Protection Regulation (GDPR) for European Union citizens, and the California Consumer Privacy Act (CCPA) for residents of California. These laws regulate the collection, use, and protection of personal data.

  • Anti-Spam Legislation: Compliance with anti-spam legislation, including the CAN-SPAM Act, is crucial. This involves obtaining consent before sending marketing communications and providing clear opt-out options in all messages.

  • Record Keeping Requirements: Users should maintain accurate records of their calling activities, consent documentation, and do-not-call list management. This is essential for demonstrating compliance with relevant telemarketing laws.

  • Industry-Specific Regulations: Depending on the nature of your business and the content of your calls, additional industry-specific regulations may apply. Users must identify and adhere to any such regulations relevant to their industry.

  • International Compliance: If users engage in calls or messages to recipients in other countries, they must comply with the telecommunications and privacy laws of those countries. International laws can vary significantly, and it's crucial to understand these differences.

  • Consumer Rights and Protections: Users must respect consumer rights as outlined in various consumer protection laws. This includes providing truthful information, avoiding deceptive practices, and adhering to fair trading laws.


Liability for Non-Compliance:

  • Failure to comply with these regulatory frameworks can result in legal penalties, fines, and damage to your business reputation. It is the responsibility of the user to understand and adhere to all applicable laws and regulations.


Resources for Compliance:

  • Users are encouraged to consult legal professionals and utilize government and regulatory websites for guidance on compliance. Regular training and updates on legal changes are recommended to stay informed


Exemptions and Conditions for Call Campaigns under TCPA and State Laws:

Exemption for Non-Commercial Calls Without Unsolicited Advertisements: Calls that do not contain unsolicited advertisements may be exempt from certain TCPA restrictions, even if made for a commercial purpose. This exemption applies as long as the call does not include an unsolicited sales pitch or promotional message.Survey and Research Calls: Calls conducted solely for survey, research, or similar non-commercial purposes are generally exempt from some TCPA regulations. However, it's important to note that these calls must still respect do-not-call requests and other consumer protections.

Consent Requirement for Recorded Solicitations: SimplyworkCRM includes a 'permission-based introduction' feature. This feature ensures that recorded solicitations are only played to recipients who have given explicit consent to receive such calls. If a recipient has not granted permission, the solicitation part of the call will not be presented. This feature helps in adhering to the legal requirement of obtaining prior express consent for telemarketing calls.

Responsibility for Legal Compliance:

  • SimplyworkCRM does not interpret TCPA regulations or state laws on behalf of its users.

  • Users are responsible for familiarizing themselves with and adhering to all legal requirements relevant to their call campaigns. This includes understanding the nuances of the TCPA of 1991 and any applicable state laws.

  • It is imperative for users to ensure that their call campaigns comply with all relevant laws. Users should seek legal advice or consult regulatory guidelines to understand their obligations fully.


User Acknowledgement:

  • By using SimplyworkCRM, users acknowledge that they bear ultimate responsibility for making informed decisions about their call campaigns.

  • Users are advised to consult legal resources or professionals to ensure full compliance with telemarketing laws and regulations.

  • SimplyworkCRM's features are designed to assist in compliance but do not replace the user's obligation to understand and adhere to the law.


Acceptance of Terms and Conditions:

  • Mandatory Acceptance for Usage: By accessing app.simplyworkcrm.com, you formally agree to comply with the Terms and Conditions as outlined. Non-agreement to any term necessitates immediate discontinuation of site use. This directive underscores the importance of abiding by the 'Responsible Use of Service' terms stipulated by SimplyworkCRM.


Responsible Use and Compliance Obligations:

  • Comprehensive Legal Awareness: You, as the customer, commit to acquiring knowledge of all relevant international, federal, state, or local laws that govern your telemarketing activities. This is crucial to ensure that your use of SimplyworkCRM aligns with legal standards.

  • Immediate DNC Compliance: Upon request from any individual for Do-Not-Call (DNC) status, you agree to promptly update your account’s DNC list to reflect this preference, thereby respecting recipient rights and privacy.

  • Transparency in Communication: It's your responsibility to include legal contact information within the initial greeting of any outbound campaign, ensuring clarity and honesty in your communications.

  • Ownership and Ethical Use of Campaign Content: You agree to supply your own sound files for all outbound campaigns and ensure that the content is respectful and considerate of your audience.

  • Considerate Campaign Execution: Scheduling and conducting campaigns should be done thoughtfully, with a focus on courteous and non-intrusive communication.

  • Prohibition Against Emergency Services Contact: You agree to avoid sending calls to essential services like hospitals, fire departments, police, 911, or utility-related numbers, to prevent any interference with critical services.

  • Consent-Based Sales Broadcasts: You are obliged not to send sales outbound broadcasts to individuals who have not explicitly consented to receive such communications.

  • Utilization of Opt-Out Features: You agree to effectively use DNC/opt-out features provided by SimplyworkCRM, adhering to the preferences of your recipients.

  • Legal Consultation for Compliance: It is recommended that you consult with a legal professional before engaging in dialing activities, particularly when legal aspects of your campaign are unclear or unfamiliar to you.


General Terms and Service Usage:

  • Age and Authority Requirement: To access or use the site, you must be at least 18 years old and possess the necessary authority to agree to these terms. Users under the age of 18 are prohibited.

  • Content Disclaimer: SimplyworkCRM does not guarantee the accuracy, completeness, reliability, or timeliness of the content provided on the site, disclaiming liability for any errors or omissions.

  • Content Purpose: The content provided on the Site is intended for informational, educational, and entertainment purposes and should not be relied upon for specific professional advice.


Incorporation of Other Documents:

  • Privacy Policy and Other References: The Privacy Policy, alongside other policies or legal notices on the website, is integrally linked to and forms part of these Terms and Conditions. In case of any conflict, the Privacy Policy takes precedence.


Changes and Acceptance of Terms:

  • Right to Modify Terms: SimplyworkCRM reserves the right to modify these terms at any time. Your continued use of the site after changes are implemented indicates acceptance of the new terms.


Site Licensee Status and User Agreement:

  • Non-Exclusive License Understanding: As a user of SimplyWorkCRM, it is important to understand that your access to the Site and Service is as a revocable, non-exclusive licensee. This means that SimplyWorkCRM has the right to terminate your access for any reason, at any time, without prior notice, underscoring the importance of compliance with the service terms.


Account Creation and Management:

  • Accurate Information Provision: In the process of creating an account with SimplyWorkCRM, you are obligated to provide true, accurate, and complete personal information. This ensures your accountability and the integrity of your use of the service.


Usage Restrictions:

  • Lawful Use Mandate: SimplyWorkCRM stipulates that the Site and Service must be used strictly for lawful purposes. This includes adhering to all applicable laws and regulations, and refraining from any actions that could be considered illegal or unauthorized.


Service Refusal Rights:

  • Discretionary Service Refusal: SimplyWorkCRM reserves the right to refuse service to any order or entity at its discretion. This policy is an essential governance tool, ensuring the integrity and appropriate use of the service.


Order Confirmation and Responsibility:

  • Order Confirmation and Error Reporting Responsibility: Upon placing an order, you will receive an email confirmation. It is your responsibility to review this confirmation and promptly report any discrepancies or errors to SimplyWorkCRM.


Product Descriptions and Pricing Accuracy:

  • Commitment to Accurate Descriptions: While SimplyWorkCRM endeavors to provide accurate descriptions and displays of the Service, there is no guarantee that all content on the Site is completely accurate or error-free. Users are encouraged to verify the details of the service.


Third-Party Resources and Links:

  • External Links Usage: The Site and Service may include links to third-party resources. SimplyWorkCRM is not responsible for the content or accuracy of these external sites. Users should exercise caution and take responsibility for any risks associated with the use of these external resources.


User-Submitted Materials and Intellectual Property:

  • Submission Guidelines and Intellectual Property Rights: You are responsible for ensuring that any materials you submit to SimplyWorkCRM do not infringe on intellectual property rights. It's important to understand that while you retain ownership of your submissions, by submitting materials to SimplyWorkCRM, you grant a non-exclusive, royalty-free license for their use in promotional and marketing activities.


Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

  • Commitment to Intellectual Property Rights: SimplyWorkCRM is dedicated to respecting the intellectual property rights of others and expects the same from its users. In cases of repeated or intentional copyright infringement, SimplyWorkCRM may take action, including denying service or access to the site.

  • Filing a Claim of Infringement: If you believe that your intellectual property has been infringed upon on the SimplyWorkCRM site, you should take the following steps:

    • Detailed Description of Infringed Property: Provide a specific description of the copyrighted work or intellectual property that you claim has been infringed.

    • Location of the Infringing Material: Clearly indicate where the alleged infringing material is located on the site, including the URL, the specific webpage, and a detailed description of the infringing content.

    • Your Contact Information: Include your full name, address, telephone number, and email address.

    • Sworn Statement: A statement made under penalty of perjury affirming that the information in the notification is accurate, and that you are either the copyright owner or authorized to act on their behalf. Additionally, you should affirm your belief that the use of the material is not authorized.

    • Signature: Provide the signature of the copyright owner or a person authorized to act on their behalf.

  • Providing Notice to SimplyWorkCRM: The above notice should be sent to SimplyWorkCRM's IP agent, preferably at a designated address or through an established communication channel.


Counter-Notification Process

  • Notification of Infringement to User: If SimplyWorkCRM receives a notice of copyright infringement that implicates you, the company will attempt to notify you and provide a copy of the notice.

  • Filing a Counter-Notification: If you believe that you have been wrongfully accused of copyright infringement, you can file a counter-notification with SimplyWorkCRM. A valid counter-notification can lead to the restoration of removed or blocked information, typically within 10 to 14 business days, unless legal action is initiated by the complainant.

  • Legal Counsel: It's advised to consult with an attorney if you are unsure about the copyright status of your material or the legitimacy of a counter-notice. Be aware that filing a false counter-notice can result in substantial legal penalties under U.S. copyright law.

This comprehensive procedure aims to protect the intellectual property rights of individuals and entities while providing a clear and fair process for addressing claims of infringement on the SimplyWorkCRM platform.


Our Intellectual Property

  • Ownership and Protection: The intellectual property of SimplyWorkCRM, including trademarks, copyrights, proprietary information, and other intellectual properties, as well as the app.simplyworkcrm.com name, logo, designs, text, graphics, files, and the overall "look and feel" of the site, is stringently protected. All content on SimplyWorkCRM's website is safeguarded by international copyright and trademark laws.

  • Restrictions: You are expressly prohibited from altering, publishing, transmitting, selling, creating derivative works from, distributing, displaying, reproducing, or exploiting any content or intellectual property from the SimplyWorkCRM website without prior written consent. Violating this policy can lead to immediate service termination and legal action.


Material Connection, Good Faith Recommendations, and Compensation

  • Material Connections: Be aware that SimplyWorkCRM may have material connections with vendors of products and services mentioned on app.simplyworkcrm.com. This means there could be business relationships influencing these references.

  • Product and Service Recommendations: SimplyWorkCRM's endorsements are based on a good faith belief in the utility of the products or services for users, based on prior usage or thorough reputation research of the vendor.

  • Compensation and Influence: SimplyWorkCRM's views about a product or service may be influenced by the compensation received from vendors. This compensation varies and can include direct monetary gains or complimentary products and services.

  • Disclosure of Relationships: Always assume that SimplyWorkCRM may be biased due to its relationship with vendors and the potential of receiving something of value. It is recommended that users perform their own research before making a purchase decision.


Earnings and Income Disclaimers

  • No Guarantee of Earnings: SimplyWorkCRM makes no guarantees that you will make a specific amount of money, or any money, or that you will not lose money, as a result of using its products and services. Any earnings or income statements are individual results, which vary by person.

  • Realistic Expectations: Success in business is based on personal capabilities, experience, knowledge, level of desire, and many other factors. SimplyWorkCRM cannot guarantee your success level.

  • Typical Results and Testimonials: While testimonials and case studies found on app.simplyworkcrm.com may show exceptional results, they are not necessarily representative of the average experience or success. If typical results are known, they will be disclosed; otherwise, do not assume they reflect the average user's experience.


Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

  • Respect for Intellectual Property: SimplyWorkCRM respects intellectual property rights and expects users to do the same. The company may refuse service or access to those who repeatedly infringe copyright.

  • Procedure for Filing a Claim: If you believe your intellectual property has been infringed upon on the SimplyWorkCRM site, you should provide a detailed description of the infringed work, location of the infringing material on the site, your contact details, a statement under penalty of perjury affirming your claim, and a physical or digital signature.

  • Counter-Notification: If you are implicated in a copyright infringement notice, you will be notified by SimplyWorkCRM and can file a counter-notification if you believe the claim is wrongful. SimplyWorkCRM will restore the removed or blocked material unless legal action is initiated by the complainant.


We make no assurance that any prior successes or past results as to earnings or income referred to on this Site will apply in your situation, nor can any prior successes be used as an indication of your future success or results from using any of the information, content, or strategies on this Site. If you rely upon any figures provided on this Site, you must accept the entire risk of not doing as well as the information provided, and only risk capital should be used. 

Billing Policies

  • General Billing: Usage of SimplyWorkCRM products and services implies acceptance of the company's billing policy. All accounts must be prepaid, and payment is required before any service is activated. This includes subscription fees and usage-based charges like fax, voice broadcast service fees, and email overages. Customers must maintain current credit/debit card information for recurring charges.

  • Subscription Billing: Billing is based on the availability of services, not usage, except for specific usage-based fees. Even disabled applications incur subscription fees. Subscription charges are automatically invoiced and charged to the credit/debit card on file.

  • Billing Cycle: Credit/debit card billing occurs on the customer’s specific billing cycle date. Late fees may apply for past due accounts, and accounts may be disabled or even cancelled for non-payment.

  • Fees:

    • Late Fee: A $30.00 fee may be assessed for payments 15 days past due.

    • Chargebacks: A $50.00 fee applies for each chargeback initiated by a customer.

    • Returned Checks: A $50.00 fee is assessed for each returned check.

    • Collections Fee: A $35.00 fee may be added if an account goes to collections.

  • Service Usage: Services like Activation and the regular subscription must be used within specified timeframes and are nonrefundable. Cancellation does not prorate unused services, and full payment is required for the billing period.

  • Third-Party Products and Advertising: Fees collected for third-party services, including advertising, are non-refundable.

  • Payment Methods: Acceptable payments include major credit/debit cards like American Express, MasterCard, Discover, and VISA.

Cancellation Process:

Requesting Cancellation: To initiate the cancellation of services, you must use the official cancellation form located under the “Resources” tab in SimplyworkCRM. Alternatively, send your cancellation request directly via email to admin@simplyworkcrm.com. Be aware that your cancellation request is only valid once you receive a confirmation text or email from SimplyworkCRM. This confirmation is your proof and must be retained. Any cancellation requests lacking confirmation from a SimplyworkCRM representative will be considered invalid and not processed.

Finalizing Cancellation: Your cancellation request is not final until processed by our cancellation team. The cancellation will only be effective at the end of your current billing period. Remember, you are liable for all charges incurred until the end of this period.

Billing Disputes:

  • We mandate a 30-day period for resolving any billing disputes directly with SimplyworkCRM before you approach third-party credit/debit card companies. Initiating chargebacks without allowing this resolution period may result in additional fees.


Refunds:

  • Be clear that all Subscription and Service fees related to SimplyworkCRM are strictly non-refundable. This includes all fees associated with our services, without exception, and no prorated refunds will be provided at any time. Your decision to subscribe to our services should be made with this firm policy in mind.


Contact Information

For any questions about these Terms and Conditions or any other inquiries, please contact us at:

Email: admin@simplyworkcrm.com

Phone: (385) 367-5880