Effective Date: 22 October 2024
WebSales ABC ABN: 86811429721 ("we," "our," or "us"). By accessing or using our platform ("Service"), you agree to the following terms and conditions ("Terms"). These Terms govern your use of WebSales ABC CRM, its features, functions, and any related services. Please read these Terms carefully before using our Service.
1. Acceptance of Terms
By creating an account, accessing, or using WebSales ABC CRM, you agree to comply with and be legally bound by these Terms and all
applicable laws and regulations. If you do not agree to these Terms, you are prohibited from using or accessing our platform.
2. Subscription Terms
Account Creation: To access the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.
Subscription Plans: WebSales ABC offers various subscription plans based on user limits, contact limits, and features. By subscribing, you agree to the specific plan you select and its associated terms, including fees, features, and usage limits.
Fees and Payment: All subscription fees are payable upfront. Fees are non-refundable, even if you cancel or downgrade your plan before the subscription period ends. You agree to pay all charges associated with your account promptly and in full.
3. Discount Coupons
If you have entered a discount coupon code while purchasing a membership product, the following terms apply:
The discount is valid for the first payment period only.
For monthly subscriptions, the discount will apply to the first month's payment.
For annual subscriptions, the discount will apply to the first year's payment.
Subsequent payments after the first period will be charged at the regular subscription rate as per the selected plan, without the discount.
4. Additional Paid Services
Certain services offered as part of the WebSales ABC platform, such as Phone System Resell, Email Resell, Premium Triggers & Actions, Email Verification, Content AI, Workflow AI, Conversation AI, WhatsApp Conversation, Reviews AI, and Domain Purchase (collectively referred to as "Additional Paid Services"), are available to customers at an additional cost.
Activation of Paid Services: These services will only be activated and made available to you if you provide a valid credit card for payment. By providing your payment details, you authorize WebSales ABC to charge the associated fees for these services.
Non-Participation in Additional Services: If you do not agree to the terms associated with these Additional Paid Services or do not provide the necessary payment information, you will not have access to these services. This applies to both free and paid CRM plans.
Fees, Charges, and Account Balance:
The fees for these Additional Paid Services include a fixed margin of 0.5%, which is applied to cover Stripe transaction fees. This fixed margin ensures transparent pricing while maintaining competitive rates due to the bulk provision of services.
Upon activation of any paid service, you will be required to pay a minimum upfront fee to establish a balance in your account, which will be used for the services you intend to utilize.
When your account balance reaches a minimum value (as set by you), it will automatically be topped up. You will only be charged up to the pre-set balance amount that you choose. This system allows you to manage your service costs efficiently and ensures you always have funds available for ongoing services.
By agreeing to the SaaS terms, you acknowledge that the availability of these services is contingent upon valid payment, maintaining an adequate account balance, and adherence to these specific service terms.
5. No Refund Policy
All sales and subscriptions are final. We do not offer refunds for any reason, including but not limited to account cancellations, downgrades, non-usage of the platform, or dissatisfaction with the Service. You are responsible for fully understanding the subscription details before purchasing.
6. Use of Service
License to Use: WebSales ABC grants you a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes, subject to these Terms.
Prohibited Use: You may not use WebSales ABC CRM for any illegal or unauthorized purpose. You agree not to:
Modify, adapt, or hack the Service.
Attempt to gain unauthorized access to any part of the platform.
Transmit any harmful code or data that could damage or disrupt the platform.
Suspension or Termination: WebSales ABC reserves the right to suspend or terminate your account at any
time if we detect violations of these Terms, misuse of the Service, or suspicious activities. Suspended or terminated accounts will not be refunded.
7. Disclaimer of Warranties
"As-Is" Basis: The Service is provided on an "as-is" and "as-available" basis. WebSales ABC makes no warranties, express or implied, regarding the performance, reliability, availability, or suitability of the Service for any particular purpose.
No Guarantee: We do not guarantee that the Service will meet your requirements, be uninterrupted, error-free, secure, or free from bugs, nor do we guarantee the accuracy or reliability of any information obtained through the Service.
8. Limitation of Liabilities
Maximum Extent of Liability: Under no circumstances shall WebSales ABC, its directors, employees, or affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, whether arising in contract, tort (including negligence), or otherwise, resulting from:
Your use or inability to use the Service.
Errors, omissions, interruptions, or delays in the Service.
Unauthorized access to or alteration of your data.
Any other matter relating to the Service.
No Legal Accountability for Damages: WebSales ABC shall not be held legally responsible or liable for any damages, losses, or harm resulting from the use of its products, whether the damage was caused unintentionally, due to a fault in the platform, or for any other reason. This includes situations where WebSales ABC was informed of the possibility of such damages.
Cap on Liability: In any case, WebSales ABC's total liability to you shall not exceed the amount paid by you for the Service in the 12 months preceding the event giving rise to the liability.
9. Indemnification
You agree to indemnify, defend, and hold harmless WebSales ABC, its directors, employees, and affiliates from any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
Your use of the Service.
Your violation of these Terms.
Your violation of any applicable laws or regulations.
Any claim made by a third party due to content, data, or actions linked to your account..
10. Intellectual Property
All intellectual property rights related to the WebSales ABC CRM platform, including but not limited to the software, design, content, and trademarks, are owned by WebSales ABC. You are granted no right, title, or interest in or to the intellectual property, except for the limited rights expressly provided under these Terms.
11. Dispute Resolution and Arbitration
Arbitration Agreement: Any disputes arising from or related to the use of WebSales ABC CRM, these Terms, or any related matter shall be resolved through binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA). You agree to waive any right to pursue legal action in court, except as provided by law.
Arbitration Process: The arbitration will take place in Queensland, Australia. The arbitration proceedings will be confidential and conducted by a single arbitrator appointed in accordance with ACICA rules. The decision of the arbitrator shall be final and binding.
Costs of Arbitration: Each party shall bear its own costs of arbitration unless the arbitrator determines that a party should be reimbursed for its legal fees and expenses.
Exceptions: Nothing in these Terms prevents either party from seeking emergency or injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
12. Changes to the Terms
WebSales ABC reserves the right to modify or update these Terms at any time without prior notice. Any changes will be posted on this page with the updated effective date. Continued use of the Service after such modifications constitutes acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes that cannot be resolved through arbitration shall be subject to the exclusive jurisdiction of the courts located in Queensland, Australia.
14. Contact Information
Email: [email protected]
Phone: +61440 131 200
Address: Labrador Australia
Conclusion
By using WebSales ABC CRM, you agree to these Terms and Conditions. These Terms protect WebSales ABC's interests while providing you with the tools and functionality necessary to run your business effectively.