Terms of Condition
-
Introduction
These Smartlivechatbot Inc. Program Terms are entered into by, as applicable, the Customer signing these Terms or any document that references these Terms or that accepts these Terms electronically ("Customer") and Smartlivechatbot Inc. ("Smartlivechatbot"). These Terms govern Customer's participation in Smartlivechatbot's program(s) and may be modified at any time. Smartlivechatbot and Customer hereby agree and acknowledge:
-
Program Participation
Customer is solely responsible for all content related to Smartlivechatbot listings and landing pages. Smartlivechatbot is not responsible for anything related to Customer's website and shall not be obligated to provide notice to Customer in the event that Customer's website is not being displayed properly to end users.
Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Customer understands and agrees that listings may be placed on any content or property provided by Smartlivechatbot, and any other content or property provided by a third party upon which Smartlivechatbot places content or advertisements. Customer authorizes and consents to all such placements. Smartlivechatbot may modify any of its Programs at any time without liability. Smartlivechatbot also may modify these Terms at any time without liability, and Customer's use of the Program after notice that these Terms have changed constitutes Customer's acceptance of the new Terms. Smartlivechatbot or Partners may reject or remove any listings or piece of content for any or no reason.
-
Termination
Customer reserves the right to cancel the Agreement at any time without penalty. Notice of cancellation must be made by email, include a reason for cancellation and must be confirmed by Smartlivechatbot by email. Cancellation will occur within two business days of receipt of cancellation email. All outstanding fees are due immediately upon cancellation. If any outstanding fees are left unpaid, Customer agrees to pay the collections fees incurred through Smartlivechatbot's attempts to collect on the account.
-
Payment
Customer shall be responsible for all charges up to the amount of each IO, or as set in an online account, and shall pay all charges in Rupees or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance with the payment terms in the applicable IO or Program FAQ. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Smartlivechatbot incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks) unless claimed within 90 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on Smartlivechatbot's measurements for the applicable Program, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Smartlivechatbot. Nothing in these Terms or an IO may obligate Smartlivechatbot to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Smartlivechatbot may be shared by Smartlivechatbot with companies who work on Smartlivechatbot's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Smartlivechatbot and servicing Customer's account. Smartlivechatbot may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Smartlivechatbot shall not be liable for any use or disclosure of such information by such third parties.
-
Refunds and Credits
-
Pay Per Click Program: Claims of invalid clicks are considered on a case-by-case basis. All disputes must be made within 90 days of the invoice date.
-
Pay Per Lead Program: Disputes regarding purchased leads will be considered on a case-by-case basis. Customer may dispute a lead up to 30 days from the date it was purchased.
-
-
Prohibited Uses
Customer shall not, and shall not authorize any party to:
-
Generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions;
-
Use any automated means or form of scraping or data extraction to access, query or otherwise collect Smartlivechatbot related information from any Program website or property except as expressly permitted by Smartlivechatbot;
-
Advertise anything illegal or engage in any illegal or fraudulent business practice. Violation of the foregoing may result in immediate termination of this Agreement or Customer's account without notice and may subject Customer to legal penalties and consequences.
-
-
Confidentiality
Customer agrees not to disclose Smartlivechatbot Confidential Information without Smartlivechatbot's prior written consent. "Smartlivechatbot Confidential Information" includes without limitation:
-
All Smartlivechatbot specifications, materials, guidelines and documentation relating to the Program;
-
Click-through rates, per-lead rates or other statistics relating to Site performance in the Program provided to Customer by Smartlivechatbot;
-
Any other information designated in writing by Smartlivechatbot as "Confidential" or an equivalent designation.
-
-
Publicity
Customer agrees that Smartlivechatbot may use Customer's name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If Customer wishes to use Smartlivechatbot's trade names, trademarks, service marks, logos, domain names and other distinctive brand features ("Brand Features"), Customer may do so, so long as such use is in compliance with this Agreement.
-
Representations and Warranties
Customer represents and warranties that:
-
All of the information provided by Customer to Smartlivechatbot to enroll in the Program is correct and current;
-
Customer is the owner of each Site or that Customer is legally authorized to act on behalf of the owner of such Sites for the purposes of this Agreement and the Program;
-
Customer has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Customer hereunder.
-
-
Disclaimer
To the fullest extent permitted by law, SMARTLIVECHATBOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.