These Terms and Conditions apply to products sold and services provided by ACTPLATINUM.com Consultants. Please read them carefully. Your purchase of products and services and the use of our services indicates your acceptance of these terms and conditions. ACTPLATINUM.com reserves the right to make changes to these terms and conditions at any time.
NON-DISCLOSURE: All knowledge and information which the Consultant may acquire from you, the Client, or from your employees respecting its private matters, shall for all time and purposes be regarded as strictly confidential. In addition, shall not be directly or indirectly disclosed by the Consultant to any person other than to the company unless on behalf of the Client.
ORDER & QUOTE ACCEPTANCE: All product and service quotes and invoices are payable in advance and are non-refundable. Your receipt of an electronic or other form of confirmation does not signify our acceptance of your order, nor does it confirm our offer to sell. ACTPLATINUM.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. ACTPLATINUM.com may require additional information or verification before accepting any order. ACTPLATIUM.com is a reseller for Act! Software, Inc. and other 3rd party add-on solution partners to end user customers.
TERMS OF PAYMENT: Your credit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. ALL SALES ARE FINAL. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You must notify [email protected] of any credit card charge discrepancies within sixty (60) days after they first appear on your credit card statement, else you agree that they will be deemed accepted by you for all purposes. If ACTPLATINUM.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ACTPLATINUM.com or its agents.
PRODUCT PURCHASES
BILLING AND ACCOUNT MANAGEMENT SERVICES: We include Act! Account Management Services for Act! products purchased through us or for Act! Accounts transferred to us. For Act! Subscription Services, we will be your Account Manager for any changes to your subscription such as adding users or features. You may add users and features at any time during your subscription period at a pro-rated cost. Unless you are paying Act! direct, we will provide invoices for changes and for subscription renewals – invoices will be due by the due date on the invoice. Past Due invoices will generate an Account Cancellation upon your current subscription term expiration date. Cancellation forfeits any favorable pricing and current pricing will apply to restarting a subscription service. You will need to contact us prior to your invoice due date for cancellation or changes to decrease users or features for your subscription service.
ACT! SUBSCRIPTION PRODUCTS: Any purchase that includes an Act! Subscription Service means you have read and agree to Act! LLC’s Billing Policies found at: https://www.act.com/legal/billing-cancellation/ and have read and agree to Act!’s Terms of Service found at: https://www.act.com/legal/terms-of-service
Current Act! Subscription products and features can be found at: https://www.act.com/pricing/
3rd PARTY ADD-ON PRODUCTS: We will invoice for 3rd Party Add-On Products purchased through us. We will provide invoices for Add-On purchases and for Add-On subscription renewals. Invoices will be due by the due date on the invoice. Past Due invoices will generate an Add-On Cancellation upon your current Add-On subscription term expiration date. You will need to contact us prior to your invoice due date for cancellation or changes to decrease users or features for your Add-On subscription service.
SHIPPING and SALES TAX for Purchases thru ACTPLATINUM.com
- All Act! Products and Add-ons sold are for online use or electronic downloads and Shipping does not apply.
- You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales or use taxes. ACTPLATINUM.com shall automatically charge and withhold the applicable sales tax for products billed by us containing addresses within the state of ARIZONA.
SERVICE PURCHASES
PERFORMANCE OF SERVICES: Our Consultants agree to perform all services in a professional manner and as otherwise set forth in these service terms. The Client expressly agrees that the Consultant shall not be liable to the Client for any loss, liability, damage, cost or expense of the Client (including lost profit or any other direct, indirect or consequential damages) resulting from, or attributable to, performance of the services. Except as provided here, the Consultant neither makes nor intends any express or implied warranties of any type or description with respect to the services or any product thereof.
- ALL hardware and software must meet Act!’s recommended system requirements for your version and should be functioning without error and virus free. Installation services to be performed on a non-dedicated server or workstation may interfere with other previously installed software. We are Act! Certified Consultants for the Act! product line and are able to provide technical recommendations based on information made available. However, any recommendation does not constitute a guarantee of compatibility, outcome, or performance. The Client should consult their own systems staff or outside technical experts to ensure appropriate results. In the event additional technical services are required, any additional costs associated with outside technical services will be the Client’s responsibility.
- Act! Administrator, Windows Administrator and End User Credentials are required and will need to be provided by the Client for the purpose of performing services such as installation, customizations and more.
- The degree of success for data imports and/or conversions are impacted by the quality of the data provided by the Client. We cannot provide certainty about the time involved to convert data or the exact degree of accuracy until the process has begun. If there are any delays or inaccuracies due to data errors or data corruption, the additional work required to correct these problems are the responsibility of the Client and will be charged the time for the services provided.
PURCHASED SERVICE CONTRACTS AND SCHEDULING OF SERVICES: Service scheduling and response times are based upon availability. Emergency services will be given the highest priority; non-emergency services are based on the size and scope of work but typically performed within 1-2 business days. A Client service request is defined as an e-mail, phone call or web submission that requires a response from the Consultant. Work performed by the Consultant may be delivered by e-mail, phone call, web or remote desktop connection. The Client may cancel a service request at any time prior to the Consultant responding to the request. Minimum time charge per request is one quarter (.25) hour.
We do not provide flat fees for services. We can provide a general estimate for the work requested but time estimates should be considered as estimates only. You will be charged for the amount of time actually spent to complete the service, rounded to the next quarter (.25) hour. While we make every effort to be on time for any scheduled sessions- remote services start time is approximated and may be subject to conditions (technical issues or outages, availability delays or other customer emergencies), actual start time is based on initiation of work.
If you use all of your Service Contract Hours or have a project requiring more hours, you can simply renew or purchase an additional Service Contract plan (2, 5, 10 or 20 Hours) at any plan level you choose. You can move up a level or down a level based on your anticipated needs. By adding a plan, all hours will be valid for 1 year from new purchase date. Or if you do not purchase another plan, any time used while not on a plan will be billed at a $175 per hour service rate. Purchased Service Contract Hours are not applicable for on-site services, please discuss on-site service options with your Consultant.
DURATION: Purchased Service Contract Hours are active for 1 year from purchase date or until pre-paid hours have been depleted prior to the year expiration. Contact your Consultant for the purchase of additional services or products.
QUICK ASSIST SERVICE: Our Quick Assist Service provides an option for customers needing assistance with a particular task or issue without having to purchase a Service Contract. It includes up to 30 minutes with one of our experts to address the item. If it cannot be performed or resolved within 30 minutes, the session is used to provide guidance or a diagnosis, and you will receive further instructions or a quote for any additional services needed.
STANDARD SERVICE RATE: For Customers not on a Service Contract our Standard Service Rate is $175 per Hour with a 1 Hour minimum.
ADDITIONAL TERMS
RETURN POLICY: ALL SALES ARE FINAL. Once your payment has been submitted there are no Cancellations or Returns. IF THERE IS AN ERROR WITH YOUR QUOTE/ORDER/INVOICE YOU MUST IMMEDIATELY REPLY TO YOUR QUOTE/ORDER/INVOICE CONFIRMATION EMAIL OR CALL 877-228-7528 WITH YOUR QUOTE/ORDER/INVOICE NUMBER TO CORRECT.
FREE TRIALS OF ACT! AND 3RD PARTY PRODUCTS AND TEST DRIVES OF VERTICAL DATABASE PRODUCTS ARE AVAILABLE FOR YOU TO VERIFY THE PRODUCT’S USE PRIOR TO PURCHASE. Review Act! system and browser requirements at https://act.com/system-requirements/ prior to purchasing any Act! products.
NOTE: FOR ANY ACT! SOFTWARE (MANUFACTURER) APPROVED RETURNS (UNCOMMON) YOU MUST CONTACT US WITH ACT!’S RETURN AUTHORIZATION APPROVAL INFORMATION. THIS INFORMATION MUST BE PROVIDED IN AN EMAIL TO [email protected] FOR A RMA NUMBER TO BE ISSUED FOR THE WARRANTY RETURN & REFUNDABLE AMOUNT TO BE PROCESSED BACK TO THE PURCHASER’S CREDIT CARD. A 15% processing fee will apply to all Manufacturer Returns. There will be no returns or refunds for the purchase of any Act! products, any vertical database or purchased services (consulting, customization or training), 3rd party hosting services and add-on solution products – these items are not returnable after purchase.
ACT! LLC’s and 3RD PARTY ADD-ON PRODUCTS END USER LICENSE AGREEMENT (EULA): Using or Installing any Act! or 3rd Party product means you have/will read and agree to Act!’s EULA or the 3rd Party EULA whether the software is installed or activated by you, your Act! Consultant or another party. The Act! EULA will be available when installing the software or after the software has been installed by opening the program and going to the Help Menu and selecting About Act! or found online at: https://www.act.com/eula/
WARRANTIES FOR PRODUCTS AND SERVICES SOLD BY ACTPLATINUM.com, ITS OWNER OR ITS AFFILIATES
ACTPLATINUM.com, its owner or its affiliates disclaim all warranties either express or implied, related to products sold or services provided by ACTPLATINUM.com, including, without limitation, any warranty of merchantability or fitness for a particular purpose. ACTPLATINUM.com is not the manufacturer (unless noted) of the products purchased and the only warranties offered are those of the manufacturer. By purchasing the products, you are relying on the manufacturer’s specifications only and not on statements, specifications or images representing the products that may be provided by ACTPLATINUM.com.
TECHNICAL SUPPORT: Act! LLC disclaims any responsibility to provide any customer support except as part of a Support Plan.
If you purchase a product that includes Act! Technical Support you will have access to online resources or your subscription plan may include phone support for Act! errors in which you will be authorized to contact Act! Technical Support at 866-873-2006 for your Subscription or Support Plan term. Act! Technical Support Scope of Services is found here: https://www.act.com/scope-of-services
ACTPLATINUM.com Consultants will provide Act! and 3rd Party product support or services with the purchase of a Service Contract or on a fee basis.
COPYRIGHT AND TRADEMARK NOTICE
All materials provided, including the text, logos, graphics, images, and icons, including but not limited to the design and content is owned or licensed by or to ACTPLATINUM.com, it’s owner or affiliates, Copyright © 2005-2024, ALL RIGHTS RESERVED. All other trademarks or service marks are property of their respective owners. You may use the content provided only for the purpose of placing an order and for no other purpose. Materials may not be copied, reproduced, modified, sold, published, posted, transmitted, altered or distributed in without ACTPLATINUM.com, it’s owner or affiliates prior written permission.
DISCLAIMER AND LIMITATION OF LIABILITY FOR ACTPLATINUM.com, ITS OWNER OR ITS AFFILIATES
ACTPLATINUM.com nor its owner or affiliates are liable for any consequential, incidental, direct, indirect or other damages (including damages for loss of business revenue, business interruption, information loss) arising out of these Terms and Conditions. There is no promise of the use of or inability to use any products, services and/or content, the provision of or failure to provide products, services and/or content, or for any information, products, services and content obtained through the website. The maximum liability that ACTPLATINUM.com, its owner or affiliates shall have is limited to any amounts actually paid to ACTPLATINUM.com, its owner or affiliates. Any legal action brought against ACTPLATINUM.com or its owner shall be governed by the laws of the State of Arizona without regard to or application of any conflict of laws provisions. The sole jurisdiction and venue for any litigation arising from the use of or orders placed through ACTPLATINUM.com, it’s owner or affiliates shall be an appropriate federal or state court located in Maricopa County, Arizona. The failure of ACTPLATINUM.com or its owner to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any claim or cause of action arising out of or related to the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or will be forfeited. If any provision of the Terms and Conditions is found is invalid or unenforceable under applicable law, it is deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect.
COLLECTED INFORMATION POLICY FOR ACTPLATINUM.com
When you place an order for our products or services, we will collect and maintain your name, company name, e-mail address, address, phone number, product selections, credit card or other payment information. We collect this information and in order to fill your order, we will provide your name, company name, address, phone number and email address to Act! Software or 3rd Party add-on solution partner. You agree to provide us with accurate, current and complete information about yourself and your billing information, inaccurate or incomplete may result in delays that shall not be the responsibility of ACTPLATINUM.com.
We will send you e-mails periodically listing current promotions and offerings. You may “opt-out,” or unsubscribe from our emails by following any unsubscribe instructions in any e-mail you receive from us, or by sending an e-mail to [email protected]. Please Note: You may receive e-mails and/or communications from Act! Software or 3rd party add-on solutions partners and information that you choose to disclose to them will be subject to their privacy policy. If you later decide that you no longer want to receive their e-mails, you will need to follow their own specific opt-out instructions.
LINKS TO OTHER WEBSITES
Please be aware that the ACTPLATINUM.com quotes and invoices may contain links to other websites on the Internet that are owned and operated by third parties. The information practices of those websites linking from or to our quotes or invoices are not covered by our Terms and Conditions. You should contact these websites directly if you have any questions about their Terms and Conditions.
SERVICES PROVIDED BY 3RD PARTIES
If you solicit ACTPLATINUM.com for services that is beyond our normal scope we may forward your request to a trusted 3rd Party to address your request. It is up to the you to vet the 3rd Party prior to engaging them for services. Any services provided by the 3rd Party is a contract between you and the 3rd Party and not with ACTPLATINUM.com. its owner, or its affiliates. We provide this referral as a courtesy and do not receive any referral fee for services provided by a 3rd Party.
Hours of Operation
ACTPLATINUM.com
Business Hours M-F 8:00AM – 5:00PM MST
Hours outside of Business Hours are arrange with your Consultant