TERMS
ChatMetrics.com Terms and Conditions
Acceptance / Formation
ChatMetrics.com is a global provider of a fully managed and staffed 24/7 live chat platform designed to maximise the conversions from your website. This agreement is made between ChatMetrics.com ABN 45 484 324 288 (CM) and any entity that uses the services (Client). By accepting these terms and conditions, the user confirms to have read, understood and accepted its contents. When the client uses CM it agrees to be bound by these T&C’s as a prerequisite and are obliged to observe these T&C’s. CM reserves the right to modify or alter these T&C’s at its sole discretion without notifying the Client each time of the implemented changes. The current version of the T&C’s are always available on our website https://www.ChatMetrics.com/ for the Client to familiarise themselves with at any time.
Term
These T&C’s come into force when the Client starts using CM and continue until the client ceases using CM unless terminated in accordance with this agreement.
Services
All services and software’s provided by CM during the course of the agreement shall be deemed as service or product. The use of any new services or products made available by CM from time to time after the user has accepted the T&C’s shall be subject to its provisions. CM reserves the exclusive entitlement to decide on functionality, features, the use, subject matter and the range of particular products and services as well as to cease providing these services or any part thereof.
The client will have access those portions of the CM products and services as provided for in their particular subscription including but not limited to Leads, Chats, Chat Transcripts, Reporting Metrics, Client Dashboard, Agency Dashboard, White Label Functionality.
ChatMetrics.com, services and products are exclusively designated for business use and must be used only in accordance with their purpose, application and their general characteristics. The client undertakes to use the products and services in accordance with their use, purpose and in the manner consistent with both these T&C’s and provisions of currently effective law.
The client bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered services and products.
The client understands, has become familiar with technical requirements necessary to use the services and products and has no objections in respect thereof. The client is aware of risk and threats connected with electronic data transmission.
ChatMetrics.com, reserves the right to access individual users’ and or clients accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to third parties unless required by provisions of law.
Fees and Payments
From the date of the subscription commencement and each month ongoing payment must be made on the first day of the next month after the service has been provided. CM will raise an invoice detailing the services provided. The payment will be triggered against the credit card held on file. CM will issue a receipt for said payment. Receipts for all payments will be provided electronically. Clients will be provided with 30 days’ notice of all changes in the price list that affect them.
Intellectual Property, Trademark and Copyright Rights
The Client owns all rights, title and interest to the client content. The client grants CM a non-exclusive license to use the client content for the purposes of performing CM’s obligations under this contract.
The client consents to CM using the clients company name and reproducing the clients logos for CM’s promotional and publicity purposes.
“ChatMetrics.com” is a trademark owned by ChatMetrics.com, registered Globally and is therefore subject to national as well as international protection. All services and products offered by ChatMetrics.com, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights. Website addresses as well as their contents and layouts are protected by the aforesaid acts.
CM owns all rights (including intellectual property rights) title and interest to it’s software, services, products and training materials. CM grants the Client a non-exclusive and non-transferable license to use its software, services, products and training materials for the term of this agreement. Prior written consent of ChatMetrics.com, is required for any not permitted business and non-business use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications)
Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of CM, is prohibited. Such acts are not deemed to be the proper use of services.
The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of ChatMetrics.com, is prohibited.
Liability and Indemnity
The services are provided as is and the client agrees that it’s use of the Services and products are at its own risk. Unless mentioned in this agreement, CM makes no representations or warranties in relation to the Services or any products provided by third parties.
ChatMetrics.com, guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long-distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
ChatMetrics.com, does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
ChatMetrics.com, stipulates that opinions given by users do not reflect in any possible manner its views and opinions. ChatMetrics.com, does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions should be revealed efforts shall be immediately made to remove them as soon as possible.
ChatMetrics.com, shall bear no liability in particular for:
a) All negative consequences being the result of force majeure,
b) Phrases and entries added to the network in connection with the use of offered services and products,
c) Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,
d) Disturbances in accessibility of offered products and services not caused by ChatMetrics.com,
e) Damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault,
f) Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,
g) Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,
h) Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.
To the extent provided by law, CM’s aggregate liability arising in connections with this agreement will not exceed the value of the fees paid by the Client under this agreement in the 90days preceding the date of the claim.
Cancelling the Subscription
You can cancel your subscription at any time by emailing us at subscriptions@chatmetrics.com. We simply request 30 days’ notice from your next billing date. After cancelling, your license will stop working immediately at the expiry of the notice period. Credit from previous payments will be lost and is not refundable. All outstanding monies will be charged to the credit card on file at the expiry of the notice period.
Privacy Policy
Principles of user privacy protection including personal data protection have been described in a separate Privacy Policy
Refund Policy
Regardless of the billing cycle, we provide no refunds or credits for unused time of the service or plan downgrades if you decide to close your account before the end of your subscription period.
There will be no exceptions in order to treat all users equally and to keep our administrative costs low for the ultimate benefit of our customers. Details for trial license, paid subscription and canceling license are described on the refund policy page.
