The Chat Agency Service Contract

1- PARTIES

Client, who avail our services (hereinafter referred to as “Client” or “Credit Card Holder” or “Client”) and Service provider, The Chat Agency (hereinafter referred to as “The Chat Agency”, “Our”, “Us”, or “We”), with a principal place of business at 8 Adelaide Terrace, East Perth WA 6004. The term, “Websites”, shall refer collectively to www.thechat.agency.

 

2- STANDARD TERMS AND CONDITIONS:

These are the standard terms and conditions that apply to all contracts for Live Chat Support rendered by The Chat Agency to its clients. By entering into an agreement with The Chat Agency, Client give us authorisation to render live chat services on Client’s intended domain(s), mentioned in service agreement, as a 3rd party live chat support provider.

 

3- ELECTRONIC CONSENT

You understand and agree that there are two costs associated before using The Chat Agency live chat sales and support services

1.     Client has a right to request a paper copy of these “Terms of Services” before signing up in lieu of this electronic “Terms of Services”. By accessing and using The Chat Agency’s website, Client accepts and agrees to be bound by these Terms and The Chat Agency’s Privacy Policy found here. If the Client does not agree to these Terms, Client should not access or use The Chat Agency’s Website.

2.     Client understands and agrees that The Chat Agency reserves the right to access client’s The Chat Agency account(s) for technical and administrative purposes or for security reasons. The obtained information or data in such a manner shall not be processed, made available or disclosed to any third parties unless required by provisions of law.

3.     Client agree to abide with The Chat Agency confidentiality policy i.e. unauthorised lending, sales, further reselling or licenses and sub-licenses for our services getting into official affiliation contract or written consent of The Chat Agency. Client understands that such acts are considered as illegal and strictly prohibited and do not come under proper use of services.

4.     Client understands and agrees that The Chat Agency reserve the right to close client’s account due to gross infringement of the provisions of these terms and conditions without any prior notice.

5.     Client agrees not to impersonate any person or entity, including, but not limited to, The Chat Agency 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 and comes under cyber crime.

 

4- INTELLECTUAL PROPERTY RIGHTS.

1.     All text, photographs, graphics, logos, trademarks, icons, sounds, user interfaces, artwork, music, videos, computer code and software including overall website’s look and feel, colour scheme, design, layout, structure, selection, combination and arrangement of the content present on the Websites is owned by The Chat Agency and licensed only to The Chat Agency. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

2.     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.

3.     Client may display, copy and download Content from the Chat Agency’s website solely for your personal and non­-commercial use provided that:

1.     Client do not remove any copyright or proprietary notice from the Content;

2.     such Content will not be imitative, copied or posted on any platform or published in any medium; and

3.     no modifications are made to such Content.

4.     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 us at [email protected]

 

5- FREE TRIAL POLICY

After signing up for Free Trial, we give our clients a demo to test The Chat Agency’s service in their business environment and to be sure of our service well before they subscribe to our paid plan. Client understands and agrees that;

After signing up for Free Trial, we start our demo test service on our Client’s preferred domain(s) to test our live chat service in their business environment and to be sure of our service well before they subscribe to our paid plan. Client understands and agrees that:

1.     Free Trial period is a demo on Client’s preferred domain(s) for straight 7 Days from the day of activation.
Free Trial period service is just a demo on Client’s preferred domain(s) for straight 7 Days from the day of activation.

2.     After that Free Trial period, if Client wishes to continue with our live chat services, Client must select one of our packages and make a payment via payment modes accepted by The Chat Agency. All payments shall be non-cash transactions, conducted electronically by external professional entities, mentioned in our service agreement.

3.     Default in payment according to effective service plan means withdrawal from the provided service and will lead to cancellation of the service after 3 days of due date automatically.

4.     The receipts for all payments will be provided electronically to registered email address and electronic payment receipt will be available in client area.

 

6- PRICING

Client understands and agrees that there are two costs associated before using The Chat Agency live chat sales and support services;

1.     One time set-up fee

2.     Ongoing monthly live chat service fee as per client plan

All prices are listed in Australian Dollars (AUD) and exclusive of all applicable taxes.

 

7- ADDITIONAL EXPENSES

Client agrees to pay The Chat Agency for any requested expenses which do not form part of our contract and are required to pay for extra for any add-on feature(s) or service immediately upon request of their order.

 

8- PAID SUBSCRIPTION

In order to get paid subscription of our service, client must provide valid credit card details, number of chat agents required, subscription period and other required information – however, it will not charge to client immediately, but upon the end of your free trial only if client agree to continue our service.

 

9- CANCELLATION & REFUND POLICY:

Our team of live chat experts works closely and dedicatedly to satisfy and meet all Client’s requirements Client have requested at the time of activating our services. However, if Client is still not pleased with our live chat support, Client can cancel our service on a 7-Days notice. Client will be liable to provide us with a clear reason and fill out our cancellation of service form to help us rectify ourselves and improve. Client also understands and agrees that;

1.     All prices mentioned in service agreement are final,

2.     Regardless of the billing cycle, no refunds will be given for the unused part of Client’s subscription and service period or if Client choose to downgrade Client’s service package, before the end of Client’s subscription period,

3.     No refunds will be given in case of service cancelation without 7 Days prior notice,

4.     All refund policy of The Chat Agency mentioned here.

5.     Client must inform us at least seven (7) business days earlier if they wish to cancel or suspend our services for any or all of their websites or domains. Client will be liable to pay all outstanding payments to The Chat Agency within 3 business days upon cancellation of our service.

6.     The Chat Agency 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 behaviour, including harassment, intimidation or coercion, affecting or involving our operation. We strictly not tolerate any kind of abusive communication in any form (email, phone, in-person, etc.). No refund would be provided in case of abusive communications.

10- INFORMATION SHARING

Client must provide all the requested information and required documents by The Chat Agency in order for us to activate our service for client. This may include information about industry, company size and support required etc. In case if client is unable to provide such information, The Chat Agency will not be held responsible.

 

11- DELAYS AND CLIENT LIABILITY

1.     It is our first priority to set up Client’s account as soon as they subscribe to our service; however in some cases it may take up to 3-5 business days to complete up new account set up. Any specific time frames or estimates that we give Client solely rely on Client’s full co-operation along with complete information and requested documents.

2.     An equal amount of corporation from client is required to activate our service on 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.

 

12- INDEMNIFICATIONS

1.     Client agrees to defend, indemnify and hold harmless The Chat Agency, 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 Websites by the client.

2.     The Chat Agency reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, client shall provide The Chat Agency with such cooperation as is reasonably requested by The Chat Agency.

 

13- DISCLAIMERS

1.     Neither “The Chat Agency” 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 The Chat Agency or its owners or employees will be liable to 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 website, inability to operate of any service provider, of any telecom carrier, of the Internet backbone, of any Internet servers, Client’s or Client’s site visitor’s computer or Internet software, even if “The Chat Agency” has been advised of the possibility of such damages.
2.     The Chat Agency shall not be liable for any loss, in any case, which Client may suffer in any way attributable to any delay or hindrance in performance or completion of our service contract.