Your Chat Team is the name given to the Service provided by Concert8 Solutions Inc. (hereinafter referred to as “Your Chat Team”, “Our”, “Us”, “We” or Concert8), a company with its principal place of business at Suite 1820-666 Burrard Street Vancouver, British Columbia, Canada V6C 2X8. This agreement, which governs the use of the Service is between you, (“the Client”, “You” or “Your”), as an authorized user of the Service and Concert8 Solutions Inc. The term, “Websites”, shall refer collectively to www.yourchatteam.com.
2- STANDARD TERMS AND CONDITIONS:
These Terms and Conditions (“The Agreement”) constitute a binding contract that governs your use of and access to the Service by you, your agents and users. By accepting these Terms and Conditions, either by using the Service, or authorizing or permitting any agent or end-user to access the Service, you agree to be bound by these Terms and Conditions. If you are entering into this agreement on behalf of a company, organization or another legal entity, you are representing to Concert8 that you have the authority to bind said entity and its affiliates to this agreement. By entering into this agreement with Your Chat Team, the Client give us authorization to render live chat services on Client’s intended domain(s), mentioned in the service agreement, as a 3rd party live chat support provider.
3- ELECTRONIC CONSENT
- The Client understands and agrees that Your Chat Team reserves the right to access client’s Your Chat Team account(s) for technical and administrative purposes or for security reasons. The obtained information or data acquired in such a manner shall not be processed, made available or disclosed to any third parties unless required by provisions of law.
- The Client agrees to abide with Your Chat Team’s confidentiality policy i.e. unauthorized lending, sales, further reselling of licenses and sublicenses for our services getting into official affiliation, contracts without the written consent of Your Chat Team. The Client understands that such acts are considered as illegal and strictly prohibited and do not come under proper use of services.
- The Client understands and agrees that Your Chat Team reserve the right to close client’s account due to gross infringement of the provisions of these terms and conditions without any prior notice.
- The Client agrees not to impersonate any person or entity, including, but not limited to, the Your Chat Team or falsely state or otherwise misrepresent your affiliation with any person or entity and understands that such acts are considered as illegal and strictly prohibited.
4- INTELLECTUAL PROPERTY RIGHTS.
- All text, photographs, graphics, logos, trademarks, icons, sounds, user interfaces, artwork, music, videos, computer code and software including overall website’s look and feel, color scheme, design, layout, structure, selection, combination and arrangement of the content present on the Websites are owned by Your Chat Team and licensed only to Your Chat Team. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
- Except with our express written permission or as permitted by applicable laws, you may not copy, reproduce, distribute, mirror, publicly, frame, display, publicly perform, translate, re-publish or transmit this website or Content in any way or through any medium for commercial purpose, distribution and publication.
- The Client may display, copy and download Content from the Your Chat Team’s website solely for your personal and non-commercial use provided that:
- The Client does not remove any copyright or proprietary notice from the Content;
- such Content will not be imitative, copied or posted on any platform or published in any medium; and
- no modifications are made to such Content.
- We respect others’ intellectual property rights, and expect our stakeholders such as users, website visitors, customers or clients to do the same. If you believe that your work has been copied or replicated on this website in a way that constitutes copyright infringement, please report to us at firstname.lastname@example.org.
The Client understands and agrees that there are two fees associated with using Your Chat Team live chat sales and support services;
- A one-time set-up fee.
- An ongoing monthly/annually live chat subscription fee as per client plan.
All prices are exclusive of any applicable taxes.
6- ADDITIONAL EXPENSES
The Client agrees to pay Your Chat Team for any additional services requested by The Client which do not form part of our contract and The Client is required to pay for such add-on feature(s) or service immediately upon request of their order.
7- PAID SUBSCRIPTION
In order to obtain access to a paid subscription for our service, The Client must provide valid credit card details for pre-authorized payment, the number of chat agents required, the subscription period and other required information. The monthly service fee is charged in advance for the following month. Billing may also by monthly invoice paid in advance by cheque or e-transfer.
8- CANCELLATION & REFUND POLICY:
The Client can cancel The Service with 60-Days’ paid notice.
The Client also understands and agrees that:
- All prices mentioned in the service agreement are final,
- All Service agreements are on a month-to-month basis. If the Client wishes to Cancel or suspend our services for any or all of their websites or domains, they must provide notice in writing or by email. The Client will be liable to pay any outstanding payments to Your Chat Team upon cancellation of service. The unused pro-rated portion of the monthly fee will be refunded, however, there is no refund provided for the one-time set up fee.
- No refunds will be given in case of service cancelation without 60 Days prior notice,
- Your Chat Team reserves the right to cancel, terminate or refuse service to anyone for any reason. We also have the right to be free from acts or threats of any abusive, offensive, disruptive behavior, including harassment, intimidation or coercion, affecting or involving our operation. No refund would be provided in case of abusive communications.
9- INFORMATION SHARING
The Client must provide all information and documents required by Your Chat Team in order for us to activate service for The Client. This may include, but is not limited to, information about industry, company size, training material, product information, processes, type support required, access to CRM’s or other information systems and other material or information needed to support The Client’s customers and website. In case The Client is unable to provide such information, Your Chat Team will not be held responsible for activation of Service.
10- DELAYS AND CLIENT LIABILITY
- It is our first priority to set up The Client’s account as quickly as possible once they subscribe to our service; however in some cases it may take up to 14 business days to complete new account set up. This is required to ensure that YourChatTeam agents are correctly trained, prepared and have the correct tools in place to support The Client. Any specific time frames or estimates that we give Client solely rely on The Client’s full co-operation along with complete information and requested documents.
- An equal amount of cooperation from The Client is required to activate our service on The Client’s preferred domain(s) or website(s). Throughout the period of activation, a single point of contact, as mentioned in service agreement, must be made available from Client’s side. Otherwise client will be responsible for delay and consequences.
- The Client agrees to defend, indemnify and hold harmless Your Chat Team, its affiliates and respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Your Chat Team Service by the client.
- Your Chat Team reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, The Client shall provide Your Chat Team with such cooperation as is reasonably requested by Your Chat Team.
12 – LIMITATION OF LIABILITY
a. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to this agreement, or their affiliates, officers, directors, employees, agents, service providers, suppliers or licensors be liable to the to the other party or any third party for any lost profits, lost sales or business, lost data, business interruption, loss of goodwill or any type of indirect , incidental, special, exemplary, consequential or punitive loss or damages, or any other loss or damages incurred by such party or third party in connection with this agreement, The Service or Consulting services, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
b. Notwithstanding anything to the contrary in this agreement, Your Chat Team and Concert8’s aggregate liability to The Client or any third party arising out of this agreement or otherwise in connection with any subscription to or use of The Service, shall in no event exceed the subscription charges paid for such services during the one (1) month period prior to the first event or occurrence giving rise to that liability. The Client acknowledges and agrees that the essential purpose of this section is to allocate the risks under this Agreement and limit potential liabilities given the subscription charges which would have been substantially higher if We were to assume any further liabilities that other than as set forth herein. The Client understands and agrees that We have relied upon these limitations in determining whether to provide The Service to The Client.
- Neither Your Chat Team nor any of its employees, agents or representatives, guarantee that the functions contained in the account will be uninterrupted or error-free. In no event will Your Chat Team or its owners or employees will be liable to The Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control and authority, any lost profits or revenues, lost savings or other incidental, punitive, consequential, or special damages arising out of the operation of or inability and failure to operate the Service, inability to operate of any service provider, of any telecom carrier, of the Internet backbone, of any Internet servers, The Client’s or The Client’s site visitor’s computer or Internet software, even if Your Chat Team has been advised of the possibility of such damages.
- Your Chat Team shall not be liable for any loss, in any case, which The Client may suffer in any way attributable to any delay or hindrance in performance or completion of our service contract.
14- GOVERNING LAW
Regardless of the place of signing of this agreement, The Client agrees and understands that for the purposes of this venue, this agreement was entered into in the Province of British Columbia, Canada. Any dispute will only be litigated or arbitrated in the Province of British Columbia.
Be aware that these terms of services, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such adjustments, edits or deletions will be effective immediately upon posting.
Be aware that we may change or discontinue any aspect, service or feature of the Service at any time, including but not limited to, availability, equipment and content needed for access or use.
Your use of The Service after such modification and edits shall be deemed to constitute acceptance by you of such modifications, additions or deletions.