JobyChat Inc Livechat agent center

JobyChat Live Chat Monitoring Service Contract

The JobyChat Site Terms of Use describe when and the conditions under which you are allowed to access or use the Site. Please read these Site Terms of Use carefully before visiting our Site. If you do not agree to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.

Parties

  • Buyer (hereinafter referred to as "You" or "Credit Card Holder" or "Client").
  • Seller, JobyChat INC. (hereinafter referred to as "Our", "Us" or "We").

Terms and Conditions

  1. STANDARD TERMS AND CONDITIONS:
  2. These are the standard terms and conditions that apply to all contracts and all work undertaken by JobyChat for its clients. The Services are offered to You conditioned on Your acceptance without modification, of the terms and conditions, contained in this Agreement. Your use of the Services constitutes Your agreement to the terms and conditions stated in this Agreement. Each person that uses the Services, or that enters into a contract, in writing, over the telephone, facsimile or online, on behalf of its employer or other third party, represents that such person is fully authorized to accept these terms on its employer’s or the third party’s behalf. Unless explicitly stated otherwise, the Terms of Service will govern the use of any new features that augment or enhance the current Services, including the release of new Company resources and services. In the case of any violation of these terms, the Company reserves the right to seek all remedies available by law and in equity for such violations. By entering into this Agreement with us, you give us permission to access your website for the purposes of integrating and administrating live chat service on your website. This contract is limited to one website. For each additional website separate contract will be needed

  3. FEES:
  4. For the Services, the Initial Term is one month unless Client elects to be billed quarterly or annually, in which case the Initial Term is six to twelve months. Termination of Services requires a 30-day written notice.

    By electing to purchase subscription-based services, You warrant that all information You submit is true, legally valid, and accurate (including without limitation Your credit card number(s), billing address and expiration date) and You agree to pay all subscription and applicable fees You incur, plus all applicable taxes.

    Unless properly terminated or downgraded, this Agreement will be automatically renewed and extended for successive periods equal to the one month (each, a “Renewal Term”) until terminated, as provided herein, by either Client or JobyChat.

    • The use of offered Services available on the websites listed above is free of charge for the first several weeks depending on the Services (free trial period).
    • After that free trial period if the Customer wishes to continue using our Services the Customer will be requested to make a payment according to the currently effective price list placed on the individual website.
    • Automatic ongoing monthly subscription charges will be billed to customer credit card(s) if proper termination notice has not been received and acknowledged prior to expiration of promotional free trials of the Service.
    • Your recurring service fees are payable in advance and are non-refundable.
    • All payments shall be non-cash transactions, conducted electronically by external professional entities.
    • Lack of payment means resignation from the provided Services.
    • The receipts for all payments will be provided electronically.
    • The Customer shall be given a 14-day period notice of all changes in the price list.
    • If Client is receiving a free trial of the Services, the Initial Term will begin after the end of Client’s specified free trial.
    • If payment is received after the due date JobyChat may charge the Customer a lateness fee on the overdue amount.
    • Once a written notice of termination has been received, the Services will terminate on the last day of Client’s complete recurring billing cycle. No prorated refunds shall apply.
    • The Company reserves the right to suspend or terminate Your Service account without notice upon rejection of any card charges or if Your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes You are liable for the charge.
    • If You have any question regarding any charges that have been applied to Your account, You must contact the Company’s Customer Service Department via email within 30 days of the charge date at info@jobychat.com.

  5. REFUND POLICY:
  6. We work sincerely and dedicatedly to satisfy you. If you are still not pleased with our work, you can cancel our service anytime.

    By using the Service, you acknowledge and agree that:

    • All purchases are final.
    • No refunds will be given for the unused part of your subscription period.
    • No refunds will be given for the unused period in the event of cancellation of the service.
    • No refunds will be given in the event of termination of Service due to violation of the Terms of Service.


    Regardless of the billing cycle, the Company provides no refunds or credits for unused time of the Services or plan downgrades if you decide to close your account before the end of your subscription period.

  7. SUPPLY OF MATERIALS:
  8. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to FAQ’s, logos and other material as needed. Where there is any delay in supplying these materials to us which leads to a delay in the start of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials and information, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

  9. ACCESSIBILITY:
  10. The Client hereby grants to the JobyChat a non-exclusive license to store, and use the Client Data to the extent reasonably required for the performance of the Provider's obligations and the exercise of the Provider's rights under this Agreement. JobyChat hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or JobyChat elect to terminate such right in accordance with these Terms of Service.

    You may use your User Account for the Service only in accordance with these Terms of Service and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.

    Once your User Account is terminated, we may permanently delete your User Account, any associated Accounts and any or all User Content associated with it. You will not be able to access any part of our website or any user added content. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

    You will retain ownership of any data, information or material originated by you that you transmit through the Service ("User Content") – for example, User Content from your accounts with third party services, that passes through the Service. You shall be solely responsible for the accuracy, quality, content and legality of User Content, the means by which User Content is acquired and the transmission of User Content outside of the Service. You represent and warrant that you have all rights necessary to transmit User Content through the Service and to otherwise have User Content used as part of the Service or as otherwise contemplated herein.

  11. PROJECT DELAYS AND CLIENT LIABILITY:
  12. We endeavor to set up your account as soon as possible, however in some cases it may take up to 7-10 days to complete set up of your new account. Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final materials and information. During the period of contract, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a regular basis in order to expedite the feedback process. We will not be responsible if the work remains largely unfinished or is delayed, due to your own inaction, or by not approving written ad copies, keywords, etc.

  13. CANCELLATION:
  14. If you wish to suspend or cancel our services and management of your website chat at any time, then please let us know by email. Upon cancelling, all amounts owing to JobyChat will need to be paid in full; any outstanding amounts will be due within 3 business days of cancellation. There will be no prorated refunds on the fees already paid

  15. PAYMENT:
  16. The ongoing fees for our services will be charged by us in advance on a monthly basis by automatically debiting your supplied credit card/debit card based on agreed management fees.

  17. DISCLAIMER:
  18. JobyChat nor any of its employees or agents, warrant that the functions contained in the account will be uninterrupted or error-free. In no event will JobyChat or its owners or employees will be liable to you 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, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if JobyChat has been advised of the possibility of such damages.

    JobyChat shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay or loss arises.

    DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT USE OF THE SITE AND THE SERVICE IS AT USER’S SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET USER’S REQUIREMENTS, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES UNDER CERTAIN CIRCUMSTANCES; CONSEQUENTLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER, IN WHOLE OR IN PART.


  19. LIMITATION OF LIABILITY:
  20. As a condition of use of the Service, and in consideration of the Services provided by the Company, User agrees that neither the Company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of the Company (the “Company Affiliates”), will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure. The limitations set forth in this section apply to acts, omissions, negligence, and gross negligence of Company and/or the Company Affiliates, which, but for this provision, would give rise to course of action in contract, or any other legal doctrine. The Company shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages resulting from the use or inability to use the Services or for cost of procurement or substitute goods and services or resulting from any products or services purchased or obtained through the site including loss of profits, use, data or intangible property, even if the Company has been advised of the possibility of such damages.

  21. ASSIGNMENT:
  22. We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

  23. NON-DISCLOSURE:
  24. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

  25. CONFIDENTIALITY:
  26. Client recognizes that Client may, in the course of obtaining or using the Services, come into possession of or learn confidential and proprietary business information of Company (“Confidential Information”). Client agrees that during the Term of this Agreement and thereafter: (a) Client shall provide, at a minimum, the care to avoid disclosure of unauthorized use of Confidential Information as is provided with respect to Client’s own similar information, but in no event less than a commercially reasonable standard of care; (b) Client will use Confidential Information solely for the purposes of this Agreement; and (c) Client will not disclose Confidential Information to any third party without the express prior written consent of the Company. Upon termination, Client will promptly return to the Company any Confidential Information. If the Company transfers its business or any business segment that provides Services to Client, the Company is authorized to transfer all User information to Company’s successor. JobyChat may elect to record calls at any time for training or quality assurance.

  27. ADDITIONAL EXPENSES:
  28. You agree to reimburse us for any requested expenses which do not form part of our contracted proposal. These extra add-ons have to be paid immediately upon your order request.

  29. RIGHT OF REFUSAL:
  30. JobyChat reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

  31. ENFORCEMENT:
  32. We reserve the right, but do not assume the obligation, to investigate any potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.

  33. TERMINATION & EFFECT:
  34. The Company may terminate or suspend access to the Service or Site with or without cause at any time and effective immediately. Reasons for termination or suspension shall include, but are not limited to, the following: inactivity of the User; violation of any terms listed in this policy; or failure to pay for Services. The Company shall not be liable to User or any third party for termination of the Service or Site. Should User object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Service or Site in any way, Users only recourse is to immediately: (a) terminate use of the Service and Site; and (b) notify the Company of termination. Upon termination of access to the Service and Site, User’s right to use the Service and Site shall immediately cease.

  35. FINAL PROVISIONS:
  36. JobyChat, Inc. reserves the right to update the Terms and Conditions and Privacy Policy at any time without notice. The most current version of these documents can be reviewed by clicking on the “Terms and Conditions” and “Privacy Policy” at the bottom of our website.

If you have any questions about this Terms and Conditions , please email our team at info@jobychat.com. We will process any requests in line with any local laws and our policies and procedures.