Terms of Service & Privacy Policy
At Fawkes Digital Marketing, we believe in clarity and trust. Our Terms of Service outline the expectations for using our platform, while our Privacy Policy ensures your data is handled with care and transparency. Together, they form the foundation of a secure, respectful, and reliable digital experience.
Bringing on Brilliance CRM you agree to the service agreement and privacy policy outlined below. Any violation of this agreement may result in the suspension or termination of your account or such other action as Brilliance CRM deems appropriate.
The privacy of our clients and our site visitors at Brilliance CRM is essential to us. This is why we clearly show you our policies and believe in complete transparency. As technology and the world around us changes, we will continue to update these policies to inform you better. Check back often to see the latest updates to our policies. If you wish, you can always contact us requesting the latest information and to be notified of changes through our online contact page.
We want to start by stating we will not sell your information. Any information we gather is solely for our use in providing a more customized user experience and take care of you as someone interested in our products and services or as an active client of Brilliance CRM.
All of our systems utilize cookies for tracking purposes. These cookies allow us to know that you are you as well as determine where you are coming from. At anytime you have the ability to remove these cookies from your computer by removing the cookies from your local computer. You will still be able to utilize most of our services except log into secure portions of the website that use cookies. Our user/membership portal does require cookies to use the system. In addition to utilizing cookies we also will log into our system the IP Address of all computers that access our system. This is in our system as well as our analytics software, Google Analytics. We utilize two sets of cookies which are:
We have absolutely no problems if you opt to block cookies on the site. By doing so some services may be limited or not available. All of the public functions of the site are available without cookies.
You are allowed to subscribe to our newsletters and/or download documents/information from our site. In these cases we will ask for your email address and sometimes your name and contact information. This information is so that we can let you know of new products and services that we have available as well as tips and tricks to help you grow your business online. You can always unsubscribe from any email list you signed up for at any time.
We encourage our competitors to get this information as well as we know you are curious as to how great or product is and why so many love our products and services.
When you register an account with us at Brilliance CRM we ask for basic information, such as your name, email address, address, and phone number, and payment information if you are going to be the person paying for services or using our site as part of a membership portal. This will also require the providing of a business card to our QuickBooks account or a checking account number for billing purposes.
Throughout the lifecycle of being a client with Brilliance CRM we will send out surveys seeing how we can better serve you and provide a better client experience. These surveys and polls are not anonymous as we will at a minimum gather your IP address and we do know who is filling out the information.
We utilize a Customer Relationship Management (CRM) system to log all support requests as well as work that we do for you. This information is always available to you 24x7 as one of our clients. Within this system we keep track of your domain expiration dates and other important information so that we can proactively give you the highest level of customer satisfaction as well as provide you access to see what we are doing on your account. You are able to add new tasks and information as well for requesting additional services and support from us.
Although we will not sell your information we will provide it to certain organizations based on legal needs. These are:
Any attempt to undermine or cause harm to a server, server or website performance, or customer, of Brilliance CRM is strictly prohibited.
Unauthorized use of other people's accounts or computers is strictly prohibited. Brilliance CRM will strongly react to any use, or attempted use, of an internet account or computer without the owner's authorization. Such attempts include: "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.
Any unauthorized use of accounts or computers by a Brilliance CRM customer, whether or not the attacked account or computer belongs to Brilliance CRM, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE: Brilliance CRM has the right to discontinue service, or deny access to anyone who violates the agreements outlined on this or any other agreement page. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this agreement.
Customers may not run IRC, bots or clients on Brilliance CRM's servers beyond that of chat clients utilized within a website. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Brilliance CRM to be unacceptable use of Brilliance CRM's services including abuse of server resources.
All hosting accounts may be terminated for any of the following:
Unsolicited commercial advertisements (spam) are not allowed in e-mail. Brilliance CRM takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. All email servers have anti-spam safeguards in place and we are notified whenever these actions happen.
The following activities are not allowed:
Server resource abuse include, but are not limited to, the use of: CGI, Perl, XSS, Sendmail, mySQL, MSSQL, PHP, ASP, ASP.Net, CFML, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Adult content, pornography and sex-related merchandising are prohibited within the Brilliance CRM Network. This includes sites that may infer sexual content or link to adult content elsewhere.
Because the internet is a global communication tool, it is difficult to dictate what is considered "adult content." It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, Brilliance CRM has chosen to enforce its "no adult sites/products," policy.
Brilliance CRM reserves the right to monitor activity on our servers and network for the purposes of integrity, security, performance, reliability, and good business practices. By becoming a client, you consent to such monitoring of files, applications, internet traffic and any other content uploaded or recived through the Brilliance CRM network or servers.
Any attempt to circumvent, alter, or otherwise bypass our ability to accurately monitor our services is prohibited and can result in a termination of services, without any possibility of a refund.
Brilliance CRM will adhere to it's Privacy Policy when monitoring it's network and services. Should any issues arise out of such monitoring, the customer will be notified before action is taken unless Brilliance CRM, at it's sole discretion, deems the issue as an emergency in which immediate action is required.
Brilliance CRM requires payment terms of Net 0, unless otherwise agreed upon. Accounts over 90-days of no payment will be assessed a 10% finance charge as outlined on your invoice. It is required to have an electronic check or credit card on file to keep your account current at all times.
Setup/initial site building fees are non-refundable. All pricing is guaranteed for any term of pre-payment. Brilliance CRM reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Brilliance CRM to request for termination of services. All payment is in U.S. currency. Brilliance CRM will bill each client $50.00 per returned check and per credit card chargeback received.
Brilliance CRM's obligation to provide the Service is contingent on your payment of the fees and charges agreed upon. Accepted methods of payment are credit card (Visa, MasterCard, Discover Card, and American Express), business check (electronic or written), or money order. Checks and money orders should be sent at least one week prior to the invoice due date to help ensure that the payment is received by Brilliance CRM in a timely manner and before the invoice due date. Brilliance CRM reserves the right to only accept a certified payment if payment problems occur with a specific customer/company.
Brilliance CRM requires payment for invoices immediately ("Due Date"), unless alternate arrangements are stated on invoice. It is your responsibility to ensure that Brilliance CRM receives payment of the agreed upon fees. Accounts not brought current will be assessed a 10% monthly finance charge and can be compounded every month they are late. This charge will occur monthly based on the invoice due date until payment has cleared from our financial institution. Should your account go past the 7-day grace period, it can be suspended and a re-connection fee can be assessed. All accounts that routinely pay late can be requested to make all future payments with credit card or electronic checking withdrawal so that payments are processed on their invoice due date.
All setup fees and domain name registration fees are non-refundable for any reason. Domains will be owned by the business once payment in full is received. Brilliance CRM reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Brilliance CRM to request for termination of services. All payment is in U.S. Currency. Brilliance CRM will bill each client $50.00 per returned check and per credit card charge-back received.
Should the service be suspended, for any reason, fees will continue to accrue. Should service be interrupted for non-payment, the account will be subject to a $50 per-service reconnect charge. Reactivation will only occur once the outstanding balance has been received in full. Partial payments will not restore services. If multiple services are deactivated due to non-payment, all outstanding invoices must be paid in full before any one service will be reactivated. Brilliance CRM reserves the right to keep any service deactivated until funds paid have cleared with our financial institution.
Upon any account being terminated all outstanding invoices must be paid in-full prior to our providing and working with your new provider.
When non-payment of services happens we will do our best to work with you. This does require communication on your part.
Note: Any account that is over 180-days of non-payment or comes back after leaving our service will no longer be at your old annual/monthly rate. You will be paying the current annual/monthly payment plan rates.
All payments to Brilliance CRM are non-refundable. This includes one-time setup fees, pre-payment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Brilliance CRM or by you according to the terms outlined by this agreement.
Brilliance CRM, at it's sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise. This may be either full or in increments which Brilliance CRM will outline to you. Any refunds will be returned by company check.
Brilliance CRM reserves the right, at it's sole discretion and judgment, to cancel this agreement and/or the services provided herein for any reason at any time. Brilliance CRM will use every reasonable care in notifying you of the reason for this decision, and will make every reasonable effort to work with you to rectify any problems that may have effected our decision. Until the matter is satisfied your service may remain deactivated until payment, in full, is received.
In order to cancel your account, you must contact Brilliance CRM at least 30-days before the end of the services billing cycle. Cancellation requests must be in letter or email form. This cancellation must be initiated from the account and not any third-party provider. Any outstanding amount needs to be paid in full prior to any data being released or your account being officially closed.
Brilliance CRM will not tolerate abuse of any kind towards it's employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at Brilliance CRM or any of it's employees or agents. You agree to engage Brilliance CRM employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a Brilliance CRM employee for any reason, even regarding a breach by Brilliance CRM, will be construed as a violation of this agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
If the agreement expires or is cancelled for any reason, Brilliance CRM is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.
If you terminate this agreement, Brilliance CRM will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Brilliance CRM under this agreement.
Not paying any outstanding balance does not end just because you cancelled services with Brilliance CRM.
Brilliance CRM administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Brilliance CRM staff. A dedicated IP address, that will be released to the client can be done for a fee if the hosting server allows the transfer of the IP address. Not all hosting providers allow this. Before you receive this Brilliance CRM will receive written authorization and provided to you if this is available. Otherwise the any dedicated IP address will be released back to the hosting provider.
You must ensure that all material and data placed on Brilliance CRM's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Brilliance CRM which could interfere with any other site on the server. Any software installed needs to have appropriate licensing and proof of ownership provided. Brilliance CRM will make no effort to validate any of this information for content, correctness or usability. It is up to you to provide us this information upon being installed.
Use of the Services requires a certain level of knowledge in the use of internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a website. Brilliance CRM does not provide this knowledge or customer support outside of the Services.
Material accessible to you through Brilliance CRM's Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Brilliance CRM or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Brilliance CRM Network. If you use a domain name in connection with Brilliance CRM or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Brilliance CRM Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Brilliance CRM will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system; Brilliance CRM will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Brilliance CRM or any of its other customers.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation:
You expressly grant to Brilliance CRM a license to cache the entirety of your website, including content supplied by third parties, hosted by Brilliance CRM under this agreement. You expressly agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Customer agrees to pay Brilliance CRM any and all domain registration costs unless otherwise negotiated within a specific plan they signed up for. If the client changes plans that does not cover Brilliance CRM paying the domain registration it is up to the client to pay this registration cost.
All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then-current registration term. Brilliance CRM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
We will do good faith to secure a clients domain prior to payment being received if one is agreed up so that the clients web presence is secured. Until payment is received the domain will remain the property of Brilliance CRM. After payment is made the domain will become the property of the client and only maintained by .
Brilliance CRM reserves the right to refuse service to anyone. Customers may only use Brilliance CRM's servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Brilliance CRM management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Cullman County, Alabama, and any dispute will be litigated or arbitrated in Cullman County, Alabama. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Porter County Courts. IN NO EVENT SHALL Brilliance CRM's MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Brilliance CRM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Brilliance CRM, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Brilliance CRM AGAINST LIABILITIES ARISING OUT OF:
Brilliance CRM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Brilliance CRM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Brilliance CRM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Brilliance CRM AND ITS EMPLOYEES. Brilliance CRM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Brilliance CRM MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that Brilliance CRM shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of Brilliance CRM. You further acknowledge that Brilliance CRM's liability for it's own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall Brilliance CRM be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL Brilliance CRM MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
No waiver of rights under this policy by either party shall constitute a subsequent waiver of this or any other right under this agreement.
If any portion of this agreement, any accompanying agreements, or the application thereof to any person, place, or circumstance, shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the document and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect, and such provisions shall be enforced to the fullest extent consistent with applicable law.
You agree that Brilliance CRM is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control. whether or not it is similar to those listed above.
Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Cullman County, Alabama, and any dispute will be litigated or arbitrated in Cullman County, Alabama. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Porter County Courts. IN NO EVENT SHALL Brilliance CRM'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
You agree that you do not have the right to assign this agreement without the explicit written permission of Brilliance CRM. This agreement shall be in force and effect to the total benefit of You and Brilliance CRM, and their successors and permitted assigns.
This 99.99% uptime guarantee applies to any Brilliance CRM Hosting Client in good financial standing with Brilliance CRM at the time of a service outage. Network and server maintenance may require server reboots. This time is scheduled for after hours and does not count toward the uptime guarantee. If you have specific times that would hinder your business you are required to let Brilliance CRM know so that any maintenance is not performed at these times unless absolutely necessary.
Brilliance CRM endeavors to have our public network available to any party in the world 100% of the time. The exception is 100% known hacker addresses will be blocked from accessing any equipment within the network. Each website can also disable access on a website by website basis. Network downtime (unavailability) is defined as 100% packet loss from Brilliance CRM to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Brilliance CRM' online CRM (Customer Relationship Management) system. If the ticketing system itself is unreachable, the ticket must be started by calling the Brilliance CRM main phone number at 256-258-8593. Brilliance CRM' administrators will determine the end of the downtime by a trace-route to the backbone providers from the Brilliance CRM network.
If our public network does not experience 100% network uptime in a given month, Brilliance CRM will credit 10% of the customer's monthly service fees for customers affected services. Credits issued for every 30 minutes of network downtime experienced up to 100% of the monthly service fee. The customer account must be in good standing.
