Below are the details of the information relevant to ProposalPoint
Welcome to our terms and fee schedule page. This sets out our fees for the website services we provide so that we are clear on what fees we charge and the terms under which we charge them.
1. Our Products
We offer ProposalPoint as a Software-as-a-Service (SaaS) meaning you are required to subscribe and pay the ongoing fees. Failure to maintain a valid subscription will result in your product being cancelled. This means that your access to your account and all proposals created will be revoked. So no past proposals will be visible at the links they previously were visible on.
If you decide to stop paying your subscription fees then your Agentpoint product will be cancelled. If you choose to cancel your subscription with Agentpoint then we do not offer a refund for monthly fees that you have already paid.
2. Refund of Deposit
To the extent permitted by applicable law, a deposit will only be refunded if configuration has not begun. We will begin configuration within 24 hours of a deposit being paid. Whether a full or part deposit is refunded after a deposit is paid is up to the discretion of Agentpoint.
3. Browser, Tablet and Mobile Device Optimisation
We warrant that all of our products will work and be optimised in the following browsers Internet Explorer (IE) 9 +, Firefox, Safari, Google Chrome across normal desktop computers.
Most products will work in a mobile or tablet device but will not be 100% optimised. If you require 100% optimisation then you will need to have us quote to optimise your desktop product for these to be responsive.
We warrant that all our responsive websites will work and render on the following Mobile and Tablet operating systems and versions: iOS 7 + on Apple devices, iPhone 4 +, Android 4.0 +, ICS +.
4 Intellectual Property
Subject to the provisions below in relation to Your Content, all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Agentpoint and all content (including all applications) located on the site or any other software or service provided by us shall remain vested in us or our licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Agentpoint software in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Agentpoint software except for your own personal, non-commercial use. Any other use of Agentpoint software requires our prior written permission.
You acknowledge that you may provide content (including, without limitation, branding, text, images, livery and directions in relation to “look and feel”) to us for the purposes of us developing your website and you may upload such content to your website (together “Your Content”). Except as set out below, you retain all rights in and to Your Content. You represent and warrant to us that you own all intellectual property rights in and to Your Content or are duly licensed to use Your Content for the purposes contemplated by this Agreement.
You hereby grant us a non-exclusive, irrevocable, perpetual, royalty and fee free, unlimited licence (including the right to sub-license) to adapt, modify, communicate, exploit (in any manner) and use Your Content in connection with the development, marketing, promotion and provision of Agentpoint or any of our other business activities.
To the maximum extent permitted by applicable law, you hereby waive your moral rights (if any) in and to Your Content. To the extent that applicable law does not permit the waiver of moral rights, you hereby consent to us and our licensees and contractors undertaking all necessary alterations to Your Content and/or failing to attribute Your Content to you as is necessary for the operation of Agentpoint.
Without limiting any of the above provisions you warrant and represent that:
(a) you have the right to use Your Content in connection with Agentpoint;
(b) to the extent that it is relevant, you have obtained appropriate consents and releases
from the creator of Your Content (including, if the creator is a child, obtaining consents and releases from the parent or guardian of the child);
(c) your use and/or our use of Your Content in as contemplated by this Agreement will not breach any applicable laws or regulations or infringe any third party’s intellectual property or other rights;
(d) Your Content is accurate and not misleading or deceptive; and
(e) Your Content is free from viruses or any form of harmful or malicious code.
You acknowledge that:
(i) you are solely response for Your Content you upload via Agentpoint;
(ii) we have no obligation to monitor any content posted or distributed by users of Agentpoint;
(iii) if we do monitor user content uploaded via Agentpoint or your communications using Agentpoint:
you hereby irrevocably consent to such monitoring; and
we reserve the right in our sole discretion to delete, edit or refuse to distribute any content for any or no reason; and
(iv) to the extent permitted by applicable law, we have no liability whatsoever with respect to any content uploaded via Agentpoint.
5. Termination of Agreement & Services
Either party can end this Agreement by providing written notice to the other party. Notice must be provided before the end of the month for that billing cycle.
6. Account Suspension Policy
We reserve the right to suspend your hosting, support, subscriptions, services and products with us if your account is more than 14 days overdue.
While your account is suspended you are still liable for any existing ongoing hosting, support and subscription fees charged by us.
7. Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;
(B) WE HEREBY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);
(C) OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS MADE BY YOU UNDER OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF AGENTPOINT WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY RECEIVED BY US IN RESPECT OF YOUR USE OF AGENTPOINT IN THE PERIOD 12 MONTHS PRECEDING THE DATE THE FIRST CLAIM FIRST AROSE;
(D) WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION:
(I) IN RELATION TO SERVICES:
THE SUPPLY OF THE SERVICES AGAIN;
THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND
(II) IN RELATION TO GOODS:
THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;
THE REPAIR OF THE GOODS;
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR
THE PAYMENT OF HAVING THE GOODS REPAIRED.
YOU INDEMNIFY AND MUST KEEP INDEMNIFIED, US, OUR RELATED COMPANIES, THEIR DIRECTORS, OFFICERS AND EMPLOYEES (TOGETHER “THOSE INDEMNIFIED”) AGAINST ANY CLAIMS, LOSSES, LIABILITY, COSTS (INCLUDING LEGAL FEES AND EXPENSES) INCURRED BY THOSE INDEMNIFIED ARISING OUT OF OR RELATED TO ANY BREACH BY YOU OF ANY PROVISION OF THIS AGREEMENT OR THE RULES OR ANY IMPROPER USE BY YOU OF AGENTPOINT.
We may assign the benefit of this Agreement to any person without your consent. You may only assign this Agreement or a right under them with our prior written consent that may be withheld or granted in our absolute discretion.
This Agreement constitutes the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
If the whole or any part of a provision of this Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of this Agreement is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
This Agreement does not create a relationship of employment, trust, agency or partnership between the parties.
YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF AGENTPOINT AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST US TO CLAIMS FOR MONETARY DAMAGES.
We will have no liability to you for a failure by us to perform our obligations to you or provide Agentpoint due to any causes outside of our reasonable control including acts of God, war, acts of terrorism, riots, fire, change in laws or failure of infrastructure.
This Agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and the parties, are deemed to have submitted to the exclusive jurisdiction of the courts of that State. To the extent permitted by law, any dispute under or in relation to this Agreement will be resolved in the court nominated by us located in the Central Business District of Sydney Australia.