1. Scope and use of the subscription
The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use Agent Live 360’s system and services (“the Services”). The subscription may not be used by other people or organizations.
2. Acceptance of the subscription
The subscription terms for the Services are accepted by the Customer by signing the Formal Quote document and forward it by email to firstname.lastname@example.org. The signed Formal Quote and with these terms and conditions will be the “Agreement”.
3. Duration and termination of the subscription
The annual subscription runs from the date the Customer signs the Formal Quote the subscription will automatically be renewed for another year unless terminated by the Customer. A discount is applicable for annual prepayment.
The annual subscription may be terminated by email to email@example.com one month before the expiry of the subscription (i.e. for annual subscriptions that had a signature date of April 1, termination must be received before March 1). The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
The Monthly subscription runs from the date the Customer signs the Formal Quote the subscription will automatically be renewed for another month unless terminated by the Customer.
Monthly prepaid subscriptions may be terminated by email to firstname.lastname@example.org one week (7 days) before the expiry of the monthly subscription (i.e. for monthly subscriptions ending April 30 (signature date of April 1) , termination must be received by April 23rd). The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
6. Operating stability
Agent Live 360 aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Agent Live 360 aims to re-establish normal operations as quickly as possible.
7. Maintenance of the System
Agent Live 360 is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services, usually between 9pm and 6am CET. Notice of such a suspension will be given to the Customer in advance. Agent Live 360 will not be responsible for any consequences of such a suspension where notice has been given.
The System remains the full property of Agent Live 360. Individually customized software relating to the Services also remains the property of Agent Live 360 unless otherwise stipulated. Agent Live 360 may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party..
9. Liability of Agent Live 360
Agent Live 360 has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Agent Live 360 shall have no liability if this is not the case. To the extent permitted by law, Agent Live 360 disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
Agent Live 360 shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Agent Live 360, its employees, agents or authorized representatives, for which no limit applies, Agent Live 360’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability or $1,000 (one thousand US dollars).
Agent Live 360 is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
Agent Live 360 shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.
12. System changes and feature updates
Agent Live 360 informs its users on the Agent Live 360 platform about system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Agent Live 360 platform accept that they are added to the technical newsletter mailing list.
13. Entire Agreement
These Terms together with the signed Formal Quote contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Agent Live 360 may amend these Terms as required from time to time provided that Agent Live 360 will give Customers no less than 20 days’ written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
These Terms shall be governed by and construed in accordance with the laws of California and the California Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.