Terms and Conditions – Chatsmith online

Introduction

i). The Chatsmith Online terms and conditions defines the legal contract or agreement between Chatsmith Online (us or we) and you (our client). It is with utmost importance that you read these Chatsmith Online terms and conditions before you agree to get our live chat services or any other services or products that Chatsmith Online provides.

ii.) Browsing over, using or accessing www.chatsmithonline.com or getting Chatsmith Online services and products are clear indications that you have read (fully understood) and agree or accept the Chatsmith Online terms and conditions – including our privacy policy and willingly abide by it.

Our Services

  1. i) With due diligence, we shall perform the services to you during the entire term of our agreement.
  2. ii)  With concurrence that:
  3. We will not own any part of your business nor you own any part of Chatsmith Online – we shall only provide a live chat service through your website.
  4. Also, the purchase of Chatsmith Online services and products does not warrant dependability on our future features and functionalities.

Responsibilities of Chatsmith Online

i.) We Shall:

  1. a)     Carry out the services using due diligence, skill and care.
  2. b)     Only make our services available in concurrence with pertinent laws.
  3. c)     Execute due diligence to make Chatsmith Online services available 24/7 with the exception of:

(1) Force Majeure or Acts of God. In such case, we shall not be obligated nor have any liabilities as a result of delay or non-performance of our obligations to you as provided on our Agreement.

(2) During any foreseen downtime – for which you will be notified at least 48 hours prior to the scheduled downtime in writing through your last known email address.

Your Responsibilities as a Client

i.) You Shall:

1.)            Abide by Chatsmith Online’s guidelines and policies which may change over the course of time.

2.)            Employ our services only (without any exemption) in concurrence to government laws and regulations.

3.)            Concede that in order for Chatsmith Online to carry out its services largely depends on your commitment to cooperate in full and in a timely manner. Furthermore, you agree without any impediment to provide us (or anyone on your behalf) with pertinent information that will allow us to carry out our services. In effect, any delays or failure to deliver information that is required of you must and will not be in anyway charged against us as a form of liability.

IV B. You Shall NOT:

(i)              Use Chatsmith Online to spread or store malevolent code/s.

(ii)            Employ or make use of Chatsmith Online on any website that spreads or stores vilifying and infringing materials that may violate the rights of third-party.

(iii)           Interrupt or impede the veracity of Chatsmith Online to carry out its services.

Acceptance and  Use Of Chatsmith Online Services Terms and Conditions

i). Your access  to  and  use  of  Chatsmith Online Services is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using  the  Website  you  are  fully accepting  the  terms,  conditions  anddisclaimers contained therein.

Payment 

  1. i) Without exemption, you are obligated to pay all fees that are specified on our terms of payment. Payments are payable in US Dollar only and not payable in any other currency. However, your payment obligations to Chatsmith Online can be cancelled by you any time. But all without any exemption, all fees that you’ve already made are no longer refundable.
  2. ii) All your payments for the services being offered by Chatsmith Online should be paid at least monthly in advance through our payment gateway at chatsmithonline.com

iii) We may instantly suspend or discontinue our services including but not limited to disabling your account, password and/or use of any part of Chatsmith Online if you we are unable to receive your full financial obligation to us within the required or specified time frame. In addition, any breach of any of our terms and conditions may warrant cancellation of our services as well.

Advice

i).  The contents of Chatsmith Online Services website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

Change of Use

i). Chatsmith Online Services reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice. And you confirm that Chatsmith Online Services shall not be liable to you for any such change or removal and changes on these Terms and Conditions at any time. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

i). Chatsmith Online Services Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright 

i). All  copyright,  trade  marks and  all  other  intellectual  property rights  in  the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or   licensed to Chatsmith Online Services or otherwise used by ChatsmithOnline Services as permitted by law.

ii). In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

Disclaimers and Limitation of Liability 

i). The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non- infringement, compatibility, security and accuracy.

ii).To the extent permitted by law, Chatsmith Online Services will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

iii). Chatsmith Online Services makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Indemnity

i). You agree to indemnify and hold Chatsmith Online Services and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Chatsmith Online Services arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severance

i). If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

i). These Terms and Conditions shall be governed by and construed in accordance withthe law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.

For any further information please email contacts@chatsmithonline.com.

TERM

Our Agreement starts on the date of commencement (and unless it is otherwise terminated as provided on this Term and Termination Clause) shall persist for the entire term including succeeding months thereafter. In addition, our Agreement shall and will be renewed automatically and continuously up to the same duration or period of term on our Agreement. This is unless:

  1. i)               Otherwise terminated due to non-compliance of any provisions of our Agreement.
  2. ii)              Either party (Chatsmith Online or you) gives formal notification in writing through the last known email address at least one day immediately before the end date of the current term. If this is done by either party, it shall be construed as termination of our Agreement and will take effect immediately after the end of your then current term.

TERMINATION

Immediately upon the termination of our Agreement for whatever reason it may be, all of the rights or right of access or licenses that are conditionally granted to you should also cease immediately and there shall be no refund issued charged against any prior payments made.

ASSIGNMENT

  1. i)               We shall at any given time may transfer, assign, charge, deal or sub-contract in any other form or manner with any of the obligations and rights provided by this Agreement.
  2. ii)              However, without prior expressed written consent from us, you shall not transfer, assign, charge, deal or sub-contract in any other form or manner with any of the obligations and rights provided by this Agreement.