Parties
Buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, Chat Agents Inc. a Delaware Corporation (hereinafter referred to as "ChatAgents", “Our”, “Us” or “We”).
Electronic Consent
In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representative and we will send you a paper copy via email, mail or fax.
Service Description
The goal of this service is to improve online advertising conversion by engaging visitors to your site via chat, collecting contact information and some basic information about their needs, and relaying that information to your company. Our agents will handle chats initiated by your website visitors using a script developed specifically for your business.
Terms and Conditions
1) STANDARD TERMS AND CONDITIONS:
These are the standard terms and conditions that apply to all contracts and all work undertaken by ChatAgents for its clients. By entering into this Agreement with us, you give us permission to access your website for the purposes of integrating and administrating live chat service on your website. This contract is limited to one website. For each additional website separate contract will be needed.
2) FEES:
You understand that there are two (2) costs to consider before using our Live Chat Monitoring Service.
(a) One Time Set-up Fee (if applicable)
(b) Ongoing Monthly Live Chat Monitoring Fees
All prices listed are in U.S Dollars and exclusive of any applicable local taxes.
3) REFUND POLICY:
We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, you can cancel our service anytime.
By using the Service, you acknowledge and agree that:
(a) All purchases are final;
(b) No refunds will be given for the unused part of your subscription period;
(c) No refunds will be given for the unused period in the event of cancellation of the service
(d) No refunds will be given in the event of termination of Service due to violation of the Terms of Service
4) SUPPLY OF MATERIALS:
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, FAQs, logos and other material as needed. Where there is any delay in supplying these materials to us which leads to a delay in the start of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials and information, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
5) CRM AND MOBILE APP ACCESS
(a) Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with ChatAgents.com. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, ChatAgents hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or ChatAgents elect to terminate such right in accordance with these Terms of Service.
(b) Account and Use of Service: You may use your User Account for the Service only in accordance with these Terms of Service and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.
(c) Effect of Termination: Once your User Account is terminated, we may permanently delete your User Account, any associated Accounts and any or all User Content associated with it. You will not be able to access any part of our website or our Mobile Apps or any user added content. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
(d) Your Data: You will retain ownership of any data, information or material originated by you that you transmit through the Service (“User Content”) – for example, User Content from your accounts with third party services, that passes through the Service. You shall be solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired and the transmission of User Content outside of the Service. You represent and warrant that you have all rights necessary to transmit User Content through the Service and to otherwise have User Content used as part of the Service or as otherwise contemplated herein.
6) PROJECT DELAYS AND CLIENT LIABILITY:
We endeavour to set up your account as soon as possible, however in some cases it may take up to 7-10 days to complete set up of your new account. Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final materials and information. During the period of contract, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a regular basis in order to expedite the feedback process. We will not be responsible if the work remains largely unfinished or is delayed, due to your own inaction, or by not approving written ad copies, keywords, etc.
7) CANCELLATION:
If you wish to suspend or cancel our services and management of your website chat at any time then please let us know by email atleast 3 days in advance before your next payment is due. Upon cancelling, all amounts owing to ChatAgents will need to be paid in full; any outstanding amounts will be due within 3 business days of cancellation. There will be no prorated refunds on the Monthly Live Chat Monitoring Fees already paid.
8) PAYMENTS:
The ongoing monthly “Monthly Live Chat Monitoring Fees” for our services will be charged by us in advance on a monthly basis by automatically debiting your supplied credit card/debit card based on agreed management fees.
9) LIMITATION OF LIABILITY:
(a) In no event will ChatAgents be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover, or indirect, special, incidental, or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the products and/or service or support provided under this agreement as applicable, whether arising in contract or tort, or any other legal theory, including negligence, or whether arising from mistakes, omissions, interruptions deletion of files, errors, defects, viruses or other malicious code, delays in operation of transmission, or the delay or failure of performance of service provided under this agreement, even if ChatAgents has been advised of the possibility of such damages.
(b) ChatAgents shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay or loss arises.
10) ASSIGNMENT:
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
11) NON-DISCLOSURE:
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
12) CONFIDENTIALITY:
Any information we collect from a visitor to your site will not be shared with third parties and ChatAgents will not contact any of your site visitors. However, the information may be used to improve service and for internal training purposes.
13) ADDITIONAL EXPENSES:
You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to making landing pages, designing graphical ads, purchase of third party software, stock photographs, fonts, domain name registration, web hosting or any other comparable expenses. These extra add-ons have to be paid immediately upon your order request.
14) RIGHT OF REFUSAL:
(a) In general ChatAgents reserves the right to refuse or terminate service to anyone for any reason not prohibited by law.
(b) We do not service to certain businesses including e-commerce, adult only, gambling, financial, investment advisors, etc.
(c) Typically, we also do not service newly formed companies or companies with no 3rd party online references.
(d) We may require 2 valid govertment IDs before we begin servicing you.
(e) We also have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
15) GOVERNING LAW:
Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the State of North Carolina, United States. Any dispute will be litigated or arbitrated in the State of North Carolina, and you hereby consent to the personal jurisdiction of the Wake County, North Carolina Courts.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.