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SynergyOne>CRM
Terms & Conditions of Use

terms & conditions of use

Overview

CRM – Terms of Service

Effective as of April 2026

SYNERGYONE>CRM PLATFORM LICENSE AGREEMENT

This SynergyOne>CRm Platform License Agreement (this “Agreement”) sets forth the terms and conditions under which Finance Systems Australia Pty Limited. (FSA-CRM), in Sydney Australia provides the services described on the applicable order (the “Services”). “Customer” or “Customer” as used in this Agreement refers to you, or your company, firm or entity, your officers, directors, shareholders, and employees. By completing the registration process and using the Services, you are stating that you have the authority to bind the named customer (the “Customer”) to this Agreement and that you and the Customer agree to be bound by this Agreement Capitalised terms used herein and not defined have the meaning assigned in the applicable Order (as defined below).

1. LICENSE GRANT

FSA-CRM hereby grants Customer a limited, non-exclusive, non-transferable, right to access and use the Services subject to this Agreement and the terms set forth on the applicable order (each, an “Order”). All rights not expressly granted to Customer are reserved by FSA-CRM and its licensors. The foregoing license will immediately terminate upon termination of this Agreement for any reason.

2. COPYRIGHT

Title and copyrights in and to the Services, including any images, “applets,” photographs, animations, video, audio, music, and text incorporated into or made a part of the Services, and all accompanying electronic materials, together with any copies Customer is permitted to make under this Agreement, are owned by FSA-CRM or its licensors and are protected by the Australian copyright laws and international treaty provisions. Customer is permitted to make copies of the training materials accompanying the Services solely for use as reference guides for authorised users using the Services pursuant to this Agreement. All such copies shall contain the copyright and other proprietary notices of FSA-CRM. Customer is prohibited from any other copying of the printed materials accompanying the Services without the written permission of FSA-CRM.

3. CUSTOMER’S USE OF THE SERVICES

    1. Customer use of the Services may include use by third-party partners, vendors, and clients with whom Customer collaborates in its normal course and to whom Customer may grant access to the Customer Account; provided, however, each such user (each, an “Authorised User”) must directly license access to and use of the Services from FSA-CRM. Customer is responsible for all use of the Services by its Authorised Users. Customer controls access to and the management of the Customer Data through Customer account. Customer acknowledges and understands that Customer is solely responsible for the use of and the results obtained from the Services. Customer acknowledges that the Services are provided to Customer via resources accessed and used by FSA-CRM’s customers generally (i.e., shared resources) and if Customer’s actual usage of the Services adversely affects FSA-CRM’s resources and/or use of the FSA-CRM services generally by its other customers, FSA-CRM may require Customer to adjust its usage of the Services and/or upgrade its then current usage plan.
    2. Customer is responsible for protecting and safeguarding any passwords, API keys, user IDs or other credentials and login information (collectively, “Passwords“) that have been provided to Customer or that are generated in connection with Customer’s use of the Services. Customer will not disclose or make available Passwords to any third-party other than to Authorised Users and will use best efforts to prevent unauthorised access to, or use of, the Passwords or the Services. Customer will immediately notify FSA-CRM in writing of any unauthorised use of the Services that comes to Customer’s attention.
    3. Customer will comply with any and all applicable laws regarding Customer’s use of the Services including applicable international export rules and regulations, laws and treaties governing Customer’s use of the Services, laws related to data privacy, international communications, and the transmission of technical or personal data.
    4. Customer will not:
      1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services or otherwise make the Services available to any unrelated third party (other than Authorised Users) or FSA-CRM competitor for any purpose;
      2. Intentionally interfere with or disrupt the integrity or performance of the Services;
      3. Attempt to gain unauthorised access to the Services;
      4. Intentionally send or store software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs intended to interfere with the Services or other users of the Services.
      5. Use the Services:
        1. for any illegal purpose including for the sending of unsolicited commercial email (as such term is defined in the Australian Spam Act 2003 (Cth) and any rules adopted under such act (the “Act”) or any other Applicable Law),
        2. for unauthorised access or distribution of any software, data, or material protected by copyright, patent, or trade secret, or
        3. to post or transmit any hateful, vulgar, threatening, libellous, abusive, harassing, defamatory, offensive, obscene, racially, ethnically, or otherwise unlawful or tortious material, including material harmful to children;
    5. Modify or make derivative works of the Services;
    6. “Frame” or “mirror” the Services on any other server or wireless or Internet-based device;
    7. Reverse engineer or access the Services in order to:
      1. build or offer a competitive product or service,
      2. build or offer a product or service using similar ideas, features, functions or graphics of the Services,
      3. copy any ideas, features, functions or graphics of the Services;

4. PERFORMANCE

    1. Customer understands that normal maintenance and backup procedures will cause temporary downtime during which the Services cannot be used. It is possible that there will be interruptions of Services during non-scheduled maintenance. FSA-CRM will make commercially reasonable efforts to address errors and omissions in the Services and to ensure the Service is performing in a manner materially in compliance with the Documentation.
    2. Customer’s access to the Services is through the Internet. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. FSA-CRM is not responsible for any delays, delivery failures, or other damage resulting from such problems.

5. SERVICES UPGRADES AND ENHANCEMENTS

    1. FSA-CRM makes regular changes and improvements to the Services from time to time but in no event will such changes materially reduce the functionality provided by the Services as of the date of the applicable order. FSA-CRM will use reasonable efforts to communicate with Customer about planned changes to the Services. FSA-CRM will provide its standard support then in effect for the Services (as may be updated from time to time) set forth here: Customer Support at no additional charge.
    2. FSA-CRM may use any feedback or suggestion it receives from Customer with respect to the Services (“Feedback”) for the purpose of optimising, improving, enhancing, and/or creating derivative products. FSA-CRM has no obligation to compensate Customer in connection with the use of such Feedback nor shall FSA-CRM identify Customer as the source of any such Feedback. All Feedback shall be owned by FSA-CRM and Customer shall and hereby does, assign all of Customer’s right, title, and interest in and to such Feedback to FSA-CRM.

6. CUSTOMER CONTENT

    1. FSA-CRM does not own any data, information, or material that is submitted to the Service by Customer (“Customer Content”). Customer retains all right, title, and interest (including, where appropriate, copyright and other proprietary or intellectual property rights) in Customer Content, and FSA-CRM explicitly disclaims any ownership of, or right, title, and interest in such content. Customer consents to FSA-CRM’s use of and access to the Customer Content solely to the extent necessary to enable FSA-CRM to provide the Services to Customer in accordance with this Agreement.
    2. The parties acknowledge and agree that the Service is not intended for use in the storage, processing or handling of data that is (i) Payment Card Industry data, (ii) Sensitive Personal Data, (iii) Educational Records.
    3. As between FSA-CRM and Customer, Customer have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of, or right to use, Customer Content. Customer acknowledges that FSA-CRM may collect and analyse Customer Content and other information about Customer’s usage of the Services to improve and enhance the Services, provide support, and for other development purposes including industry-wide benchmarking; provided, however, Customer Content used for benchmarking will be aggregated and anonymised and FSA-CRM will not disclose any personally identifiable information provided by Customer.
    4. Customer Content is considered Customer Confidential information. Customer is responsible for exporting Customer Content from the Services prior to termination of the applicable Order.

7. FEES; PAYMENT TERMS.

    1. The fees payable for the Services (the “Fees”) are as stated on the applicable Order and are non-refundable. Unless otherwise specified in the applicable Order, Customer shall pay the Fees immediately upon acceptance of the Order. If Customer disputes any invoice, Customer must notify FSA-CRM within fifteen (15) days of the date of the invoice identifying in reasonable detail the nature and amount of any such dispute. If the parties agree that the invoicing is not correct, FSA-CRM will issue a credit memo for the incorrect amount which will be applied against the applicable invoice or the next invoice (if the disputed invoice has been paid). No fees will be refunded. The parties will use commercially reasonable efforts to promptly resolve any such disputes.
    2. If any invoiced amount is not received by FSA-CRM by the due date, then those amounts may accrue late interest at a rate of one and a half percent (1.5%) per month or the highest rate permitted by applicable law, whichever is lower, commencing on the date that payment was due. All Fees are exclusive of GST, duties, levies, withholdings and similar assessments (“Taxes”) and Customer is responsible for the payment of all Taxes, excluding Taxes on FSA-CRM’s net income.
    3. FSA-CRM reserves the right to modify the Fees for the Services, effective upon commencement of the next Renewal Term, by notifying Customer of such change in writing at least thirty (30) days before the end of the then-current Term.

8. TERM AND TERMINATION

    1. The term of this Agreement shall be for so long as there are then current orders attached to and made a part hereof unless earlier terminated as provided herein. The term of each Order will be as stated in the applicable Order.
    2. Either party may, at its option, terminate this Agreement and/or any then-current Order(s) if the other party materially breaches the terms of this Agreement or the applicable Order and fails to cure the same within thirty (30) days after notice.
    3. FSA-CRM may suspend Customer’s access to the Services and Customer Content during any period that Customer is in material breach of this Agreement or its access to and use of the Services or Customer Content creates a material security vulnerability. Where practicable, FSA-CRM will give you at least two (2) days’ advance notice of the suspension unless the suspension is made under emergency circumstances. FSA-CRM will reinstate access to the Services when the grounds for suspension are cured.
    4. Upon termination of Customer access to or use of the Services for any reason, FSA-CRM will retain Customer Content for up to twenty-eight (28) days from the effective date of termination. If you wish to export Customer Content following a termination for breach, FSA-CRM will either, at its option, enable short-term access to the Services at a scheduled time so that you may export Customer Content, or export Customer Content using its standard export tools. FSA-CRM has no obligation to retain Customer Data after the twenty-eight (28) day period and may destroy Customer Content any time thereafter.
    5. The following sections survive expiration or termination of this Agreement: Section 6 (Customer Information); Section 7 (Fee; Payment Terms); Section 8 (Termination); Section 9 (Confidentiality); Section 10 (Indemnification); Section 11 (Limitation of Liability); Section 15 (Governing Law; Export Compliance); and any other terms that by their nature are intended to survive expiration or termination.

9. CONFIDENTIALITY

    1. Customer and FSA-CRM may disclose information to one another, and Customer may access information in connection with the Services, which is considered by the disclosing party to be proprietary or confidential information (“Confidential Information”). Confidential Information includes any information or data, in any form, including, but not limited to oral, written, graphic or electromagnetic forms, models, or samples, which the disclosing party identifies as confidential or which is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect such information or data against unrestricted disclosure or use, including business information, financial data, and marketing data. All Confidential Information shall remain the sole property of the disclosing party and its confidentiality shall be maintained and protected by the receiving party with the highest degree of care during the term of this Agreement and for a period of three years following the expiration or termination of this Agreement. The receiving party shall not use the Confidential Information of the other party except as necessary to fulfill its obligations under this Agreement, nor shall it disclose such Confidential Information to any third party without the prior written consent of the disclosing party; provided, however, the receiving party may disclose the disclosing party’s Confidential Information to its employees, consultants, and agents who are bound by obligations of confidentiality no less protective than those set forth in this Agreement, and receiving party shall be responsible for any unauthorised disclosure of any Confidential Information by such persons as if receiving party had made such unauthorised disclosure itself.
    2. The restrictions on the use or disclosure of Confidential Information do not apply to any Confidential Information:
      1. After it has become generally available to the public without breach of this Agreement by the receiving party
      2. Is rightfully in the receiving party’s unrestricted possession prior to disclosure to it by the disclosing party
      3. Is independently developed by the receiving party
      4. Is rightfully received by the receiving party from a third party without restriction
      5. Is disclosed under operation of law. Further, in the event such disclosure is required of either party under judicial order or requirement of law, such party will promptly notify the disclosing party of such order or requirement.
    3. Customer understands that FSA-CRM’s implementation and support personnel may need to access Customer Account to assist Customer in the implementation, as well as to address support requests that may occur from time to time, but such access shall be on a need-to-know basis. Customer will permit FSA-CRM’s implementation and support personnel to access the Customer Account with the understanding that all information in Customer Account shall be considered Confidential Information by FSA-CRM personnel. FSA-CRM agrees to hold in confidence and not reproduce, distribute, infringe on, transmit, or transfer, directly or indirectly, in any form, by any means, the Confidential Information.

10. INDEMNIFICATION

    1. By FSA-CRM: FSA-CRM will indemnify, defend and hold Customer harmless from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses including, without limitation, reasonable lawyer’s fees and disbursements (collectively, “Losses”) incurred by Customer arising out of any third-party claim that the Services delivered under this Agreement infringe any patent, copyright or other intellectual property right of a third party. If the Services or any part thereof becomes the subject of a valid claim of infringement under any patent, copyright or trade secret law, FSA-CRM will either procure the right, at FSA-CRM’s sole expense, to permit Customer continued use of the Services, or replace or modify the Services so as to avoid infringement without materially altering the functionality and performance thereof. If FSA-CRM reasonably and in good faith determines that neither of the foregoing are commercially practicable, FSA-CRM may terminate this Agreement and the licenses granted herein effective immediately upon written notice to Customer and will refund the unearned pro-rata portion of any prepaid amounts. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND FSA-CRM’S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.
    2. By Customer: Customer shall indemnify, defend and hold harmless FSA-CRM and FSA-CRM’s officers, directors, employees and agents (each a “FSA-CRM Indemnitee”) against any and all Losses incurred by a FSA-CRM Indemnitee in any action between such FSA-CRM Indemnitee and any third party arising out of or in connection with Customer use of the Services.
    3. Process: The indemnification obligations set forth herein are contingent upon the following conditions:
      1. FSA-CRM or Customer, as the case may be (the “Indemnified Party”) must promptly notify the other party (the “Indemnifying Party”) in writing of the third party claim or action (however, failure of the Indemnified Party to so promptly notify the Indemnifying Party will not relieve the Indemnifying Party of its indemnification obligations hereunder, except to the extent it has been damaged thereby)
      2. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defence of the matter
      3. The Indemnifying Party will have sole control of the defence of the action and negotiations for its settlement and compromise; provided, however, that the Indemnified Party may, at its own cost, obtain separate counsel to represent its interests.

11. LIMITATION OF LIABILITY

    1. EXCEPT FOR (I) A MATERIAL BREACH OF THE CONFIDENTIALITY PROVISIONS SET FORTH IN SECTION 9, (II) EACH PARTY’S INDEMNIFICATION OBLIGATIONS, AND (III) CUSTOMER’S OBLIGATION TO REMIT ALL AMOUNTS PROPERLY DUE AND OWING UNDER THIS AGREEMENT, EACH PARTY’S LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING WITHOUT LIMITATION, BREACH OF WARRANTY AND NEGLIGENCE CLAIMS) IS LIMITED TO THE ACTUAL, AWARDED DIRECT DAMAGES, NOT TO EXCEED THE AMOUNTS ACTUALLY PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CAUSE OF ACTION AROSE.
    2. IN NO EVENT WILL EITHER PARTY, THEIR RESPECTIVE LICENSORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY FOR (1) ANY CLAIMS OR DEMANDS OF THIRD PARTIES (OTHER THAN THOSE THIRD PARTY CLAIMS COVERED BY SECTION 10); OR (2) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR ANTICIPATED PROFITS, LOSS OF REVENUE, ECONOMIC LOSS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT, OR INTERRUPTION OF BUSINESS, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

12. FORCE MAJEURE

Neither party shall be under any liability to the other for any delay in performing any obligation under this Agreement to the extent caused by reason of circumstances beyond the reasonable control of that party and without such party’s fault or negligence, which shall include but not be limited to acts of God, war, strikes, lack or failure of transportation facilities, acts of terrorism, fire, acts of government authority. In the event of a force majeure event, the affected party shall give prompt written notice to the other party, stating the period of time the same is expected to continue. If any such failure or delay in performance continues for more than sixty (60) days, either party may terminate this Agreement upon written notice to the other.

13. INDEPENDENT CONTRACTORS

Customer and FSA-CRM are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by this Agreement.

14. NOTICES

  1. Except as explicitly stated otherwise, any notice to FSA-CRM shall be given in writing to Legal Counsel at Finance Systems Australia Pty Limited-CRM:

Finance Systems Australia Pty Limited

Store 6, 77-105 Victoria Rd
DRUMMOYNE NSW 2047

2. Any notice to Customer will be given to the address Customer provide to FSA-CRM during the registration and provisioning process. Either party may update its address by proper notice to the other party in the same manner as provided herein. Notice shall be deemed given twenty-four (24) hours after the notice is sent, unless the method of communication is email and the sending party is notified that the electronic mail address is invalid. Alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided to the other party during the registration and provisioning process. In such case, notice shall be deemed given three (3) days after the date of mailing.

15. GOVERNING LAW; EXPORT COMPLIANCE

    1. This Agreement is subject to the laws of the State of New South Wales, Australia (without regard to its conflicts of laws provisions).
    2. The Services may be subject to export laws and regulations of Australia and other jurisdictions. Customer may not permit users to access or use the services in an Australian embargoed country or in violation of any Australian export law or regulation, or in a manner that causes FSA-CRM to be in violation of Australian export laws, even if the use is permitted the laws applicable to you or your user or customer. Each party represents that it is not on any restricted persons list maintained by Australia the U.S., Canada, or any member of the European Union.

16. ENTIRE AGREEMENT; SEVERABILITY

    1. This Agreement, together with the applicable Order(s) comprises the entire agreement between Customer and FSA-CRM with respect to the subject matter hereof and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. In the event of a conflict between the terms of the Agreement and any Order, the terms set forth in the applicable Order govern solely for purposes of that Order. Any pre-printed terms and conditions on or attached to Customer purchase orders will be of no force or effect.
    2. If one or more of the paragraphs in this Agreement are found to be unenforceable or invalid, the remaining paragraphs shall remain in effect.

17. ASSIGNMENT

This Agreement may not be assigned by a party without the prior written consent of the other party unless such assignment is to (i) its parent or subsidiary; (ii) an acquirer of substantially all of its stock or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of Customer that results or would result in a direct competitor of FSA-CRM directly or indirectly owning or controlling 50% or more of Customer shall entitle FSA-CRM to terminate this Agreement for cause immediately upon written notice.

18. AUTHORITY

If this Agreement is being accepted by any individual for Customer, then Customer represents, warrants and attests that such individual has the authority to execute this Agreement on behalf of Customer.

19. UPDATES

FSA-CRM may amend this Agreement from time to time, and the revised terms shall be effective upon the commencement of the next Renewal Term (as defined in the applicable Order). Any such revisions will apply to FSA-CRM’s customers generally, will not impose additional fees during the applicable Term, or alter the allocation of risk between you and FSA-CRM.

20. PUBLICITY

FSA-CRM may include identification of Customer as a customer on FSA-CRM’s website, provided that such identification is no more prominent than the identification of FSA-CRM’s other customers and is otherwise consistent with FSA-CRM’s practice of identifying its customers on its website at the time. Except as otherwise provided herein, each party agrees to submit to the other party all press releases and other publicity matters or materials relating to this Agreement, or mentioning or implying the trade names, logos, trademarks or service marks of the other party, and each party further agrees not to publish or use such press releases or publicity matters or materials, without the other party’s prior written consent except to the extent that a party determines that a disclosure is required by applicable law.

wEBSITE bUILDER

Power up your business and elevate your marketing and sales with our All-in-One AI Driven Platform, which includes a WEBSITE Builder for clients to maintain a steady online presence. You can now easily build your own DIY modern Business Website with hundreds of templates to choose from that is fully integrated with your SynergyOne>CRM for total control. No more annual hosting fees and website care plan fees! Can’t DIY? We can guide you to create a great looking & functional website. You can also set up an online Store, to sell products or services, offer an array of payment options through your favourite secure payment gateway. Keep track of all your orders and related payments using your customised dashboard through your SynergyOne>CRM platform.

SMS INTEGRATED SERVICES IN THE SYNERGYONE>CRM PLATFORM ARE NOT COMPLIMENTARY

Please note that the costs of SMS both Transactional and Bulk are not provided for FREE and are subject to be paid by the account user. We provide competitively priced SMS solutions designed to meet the needs of businesses of all sizes. Enhance your conversion rates through SMS marketing by selecting our Pay As You Go (Pre-paid) plan, which does not necessitate monthly subscriptions. Additionally, your SMS credits retain their validity indefinitely, they never expire. Your SMS credits never expire! Our solutions support both bulk and transactional messaging, making them suitable for streamlining workflows needs & strategic objectives.

ADD-ONS FEATURES

To note that any features or services that includes or use the AI related technologies will be considered as an add-on service or feature that is not included as part of the monthly subscriptions plans (unless you are subscribed to the Enterprise Plan). Any AI assisted service such as the AI Employee will be charged at additional monthly premiums as the SynergyOne>CRM platform incurs additional charges every time the AI features are accessed and used.

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