TERMS AND CONDITIONS

Introduction

  This document, herein referred to as the Terms and Conditions (“Terms”), constitutes a legally binding agreement between you, the user, either individually or on behalf of an entity (“you” or “User”), and Online Innovators (“Provider,” “we,” “us,” or “our”). These Terms govern your access to and use of the software and services provided by Online Innovators.   It is imperative that you read these Terms carefully before accessing or utilizing our Platform. By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using or accessing our Platform.   Our Platform is designed to provide a suite of tools and services for business process automation, lead generation, and customer relationship management. The services offered by Online Innovators are subject to these Terms, which include any additional guidelines, privacy statements, or other related agreements that are expressly incorporated here.   The use of our Platform requires compliance with these Terms. We reserve the right to modify or amend these Terms at any time. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.   For your convenience, the most current version of our Terms and Conditions will always be available on our website. You can access and review these at any time by visiting [here]. This link will provide the most up-to-date version of our Terms, ensuring you are always informed of any changes or updates.  

1.     Acceptance of Terms

1.1   Acknowledgment and Acceptance

By accessing, browsing, or using the Platform provided by Online Innovators, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.   This acceptance constitutes a legal agreement between you and Online Innovators. If you are using the Platform on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.  

1.2   Electronic Consent

By accepting these Terms, you acknowledge that your agreement may be expressed electronically, such as through the click of an “Agree” button, registration process, or other affirmative actions indicative of your consent to these Terms. Your electronic consent carries the same legal weight as if you had physically signed an agreement.  

1.3   Account Creation and Responsibility

By creating an account on the Platform, you agree to provide accurate and current information as required. It is important to update your information promptly if it changes. You are responsible for keeping your account credentials confidential and for all activities under your account. Immediately inform us of any unauthorized account use or security breach. You are responsible for all actions taken under your account.

2.     Changes and Amendments

Online Innovators reserves the right to change, modify, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.

3.     Terms of Service

3.1   Access and Use of the Platform

3.1.1         Eligibility and Registration

To access and use the Platform, users are required to complete a registration process. This process involves providing accurate and current personal information, including credit card details for billing purposes, as prompted during the signup process. It is important to maintain the accuracy of this information to ensure uninterrupted access to the Platform.

3.1.2         User Responsibility

Each user is responsible for all activities that occur under their account. This includes safeguarding any passwords and taking reasonable steps to prevent unauthorized access to their account. Users must promptly notify Online Innovators in the event of any security breach or unauthorized use of their account.  

3.2   Platform Services

3.2.1         Service Description

Online Innovators provides a suite of services through the Platform, which may include, but are not limited to, automated solutions, lead generation, lead nurturing, and customer management tools. Built on a comprehensive infrastructure, these services are adaptable to periodic changes and modifications.

3.2.2         Modification and Availability

We reserve the right to modify, update, or discontinue any part of our services at any time. This may be due to changes in our underlying infrastructure or other external factors beyond our control. While we strive to provide consistent and reliable service, instances of downtime for maintenance, updates, or unforeseen circumstances may occur. We will communicate significant changes to the services or Platform availability directly to our users in a timely manner.  

3.2.3 Third-Party Support Structure

The services provided rely on third-party infrastructure, which may occasionally experience downtime or interruptions beyond our control. While we work to ensure reliability, we are not liable for any damages, lost business, or other losses resulting from such disruptions.

3.2.4 Call Recording Functionality

Our services may include call recording functionality. It is the sole responsibility of the user to understand and comply with all applicable laws regarding call recording, including any requirements for disclosure or consent. We do not provide legal advice on this matter, and it is the user's responsibility to inform us of any specific compliance requirements applicable to their use of our services. We are not liable for any failure to comply with such laws.

3.3. User Responsibilities

Each user is responsible for all activities that occur under their account. This includes safeguarding any passwords and taking reasonable steps to prevent unauthorized access to their account. Users must promptly notify Online Innovators in the event of any security breach or unauthorized use of their account.  

3.3.1. Lawful Use

Users must use the Platform in a lawful manner, respecting all applicable laws and regulations. This includes refraining from transmitting any viruses, malware, or other harmful code, and not engaging in fraudulent or deceptive practices.  

3.3.2. Prohibited Activities

Users are prohibited from engaging in activities that could harm the Platform or other users, such as unauthorized access, data mining, and spreading malware. Users are also prohibited from using the Platform to infringe on the rights of others, including intellectual property rights.

3.4. Intellectual Property Rights

3.4.1. Rights of the Provider

Online Innovators retains all rights to the intellectual property of the Platform, including any software, content, and branding. Users are granted a limited, non-exclusive license to use the Platform as outlined in these Terms.

3.4.2. User-Generated Content

Users may have the opportunity to create or upload content. By submitting such content, users represent that they hold all necessary rights to that content and grant Online Innovators a license to use it in connection with the Platform.

4. Fees and Payment

4.1 Pricing Structure and Subscription Model

Our services are available through a recurring subscription model. Different levels of features and support included vary, depending on the package chosen. Users should review each package to understand the specific services and support options available. Subscription fees may change, but users will be informed in advance of any adjustments.  

4.2 Billing and Payment Terms

Subscription fees are billed in advance based on the agreed billing cycle at the time of registration. Timely payment is essential to maintain access to the services. Late payments may lead to additional charges or suspension of services. All payment details, including methods and billing cycles, will be provided during registration and are accessible in the user's account settings.  

4.3 Support Services and Customized Pricing Options

Online Innovators offers diverse support services depending on your chosen subscription package. We provide comprehensive support plans at fixed rates, as well as customized support packages tailored to individual needs, with transparent pricing quotes provided upfront. For flexible support, we also offer services at hourly rates, agreed upon through consultation. Before starting any work, we ensure there is a mutual agreement on the payment structure. Online Innovators reserves the right to withhold or cancel services if payment terms are not met, ensuring clarity and agreement on services and payment before commencement.

4.4 Refund and Cancellation Policy

Subscription cancellations must comply with the terms set out at registration. Refunds are dependent on the nature of the service and usage up to the point of cancellation. Services involving significant setup or customization may have specific refund terms, which are communicated at the time of purchase. Early cancellation may incur charges, detailed during the cancellation process.  

5. Confidentiality

5.1. Confidential Information Use

Users may access confidential information from Online Innovators or third parties while using the Platform. This information should be used solely for its intended purpose and not disclosed without Online Innovators' express written consent.

5.2. Non-Disclosure Commitment

Users must maintain the confidentiality of any information disclosed by Online Innovators and are prohibited from sharing it with third parties without prior written consent. This includes ensuring that any sensitive information is protected and used only in relation to the Platform.

5.3. Protection and Access by Support Team

Online Innovators is dedicated to the protection of confidential information. Our support team, located overseas, may access certain information as required to provide support and enhance our services. We assure you that this access adheres to strict standards of confidentiality and data protection, equivalent to those we use for our own sensitive information. This process may involve the transfer of data across international borders, in compliance with applicable data protection laws.

5.4. Reporting and Handling Security Breaches

In the event of a security breach involving user confidential information, Online Innovators will promptly inform affected users and take necessary steps to mitigate the breach. Users are also expected to notify Online Innovators immediately if they become aware of any breach or unauthorized use of their information.

6. Data Protection and Privacy

6.1 Data Collection and Use

Online Innovators collects and uses personal data necessary for the provision and improvement of the Platform's services. The types of data collected and the purposes for which it is used are detailed in our Privacy Policy.  

6.2 User Consent and Rights

By using the Platform, users consent to the collection, processing, and use of their personal data as outlined in the Privacy Policy. Users retain rights over their personal data, including the right to access, correct, and request the deletion of their data.  

6.3 Data Security Measures

We implement security measures to protect user data from unauthorized access, alteration, disclosure, or destruction. These measures are regularly reviewed and updated to remain effective and comply with current best practices and legal requirements.  

6.4 Privacy Policy Reference

For detailed information on our data practices, users are encouraged to review our Privacy Policy, accessible on the Platform. It's important to note that some of our support team and third-party service providers are located overseas. Consequently, data transfers across international borders may occur as part of our service provision. Our Privacy Policy contains more information on how we manage such transfers, ensuring compliance with applicable data protection laws.

7. Terms of Use

7.1 Platform Interaction

Users are expected to interact with the Platform in a manner that is respectful, legal, and in accordance with these Terms. This includes responsible engagement with platform features and respect for other users.  

7.2 Third-Party Services and Content

The Platform may include links to third-party websites or incorporate services provided by third parties. Online Innovators is not responsible for the content or practices of these third-party services and disclaims any liability associated with them.  

7.3 Warranties and Disclaimers

The Platform is provided on an "as is" and "as available" basis. Online Innovators makes no warranties, either express or implied, about the Platform's functionality, content, or its suitability for any particular purpose.  

7.4 Indemnification

Users agree to indemnify and hold harmless Online Innovators and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's use of the Platform, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.  

7.5 Limitations on Liability

Online Innovators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content.  

7.6 Use of Communication Features

7.6.1 Responsibility for Communications

Clients are solely responsible for all communications sent using the Platform's features, including SMS, MMS, email, and voice calls. This encompasses ensuring compliance with applicable laws and regulations.  

7.6.2 Client-Initiated Communications

All communications conducted through the Platform, whether manually or automatically, are under the Client's direction. This includes responsibility for the content, timing, and legality of these messages, as well as aspects such as fraud prevention and adherence to communication rules.  

7.6.3 Email Communication Best Practices

Clients using email communication features must adhere to best practices to maintain their email reputation. Online Innovators will not be responsible for any impact on the email or domain reputation due to the Client's actions, including issues related to spam or unsolicited communications.  

7.6.4 Compliance with Telecommunication Regulations

Clients must ensure that their use of communication features like voice calls and messaging services complies with all relevant telecommunication regulations, including those pertaining to privacy and consumer protection.  

8. Dispute Resolution

8.1 Process for Handling Disputes

Any disputes arising from or related to the use of the Platform will first be addressed through open, good-faith discussions. We aim for an amicable resolution through direct negotiation before pursuing other dispute resolution methods.  

8.2 Escalation to Mediation or Arbitration

If a dispute cannot be resolved through negotiation, the parties agree to engage in mediation or arbitration, as appropriate, before initiating any legal proceedings. The specific process for mediation or arbitration will be in accordance with the laws of Western Australia.  

8.3 Governing Law

These Terms and any dispute arising from the use of the Platform will be governed by and construed in accordance with the laws of Western Australia, without regard to its conflict of law principles.  

8.4 Jurisdiction

In the event that a dispute proceeds to legal action, users agree to submit to the exclusive jurisdiction of the courts located in Western Australia.  

9. General Provisions

9.1 Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable, the remainder of the Terms will still remain in effect. The invalid or unenforceable provision will be amended to achieve as closely as possible the effect of the original term.  

9.2 Waiver

Failure by Online Innovators to enforce any right or provision of these Terms does not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.  

9.3 Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Platform, constitute the entire agreement between Online Innovators and you in relation to your use of the Platform, superseding all prior agreements and understandings with respect to the same.    

9.4 Amendments

Online Innovators reserves the right to amend these Terms at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.  

10. Termination and Suspension

10.1 Grounds for Termination

Online Innovators reserves the right to terminate or suspend access to the Platform for any user who violates these Terms, engages in illegal activities, or conducts behavior detrimental to Online Innovators or other users. This includes, but is not limited to, breaches of user conduct, payment failures, or illegal use of the Platform.  

10.2 Effects of Termination

Upon termination, the user's right to use the Platform ceases immediately. Any data or content associated with the user's account may be deleted or no longer accessible. Online Innovators is not responsible for any loss or damage resulting from termination.  

10.3 Suspension for Non-Compliance

In cases of suspected non-compliance with these Terms, Online Innovators may temporarily suspend a user's access to the Platform. During suspension, the user will not have access to their account or the Platform's services.  

10.4 Notification of Termination or Suspension

In the event of termination or suspension, Online Innovators will provide notice to the affected user, explaining the reason for the action. The user will have the opportunity to rectify the issue leading to suspension or discuss the terms of termination.  

11. Contact Information

11.1 Queries and Support Requests

For any questions or support needs related to the use of the Platform, users can contact Online Innovators through the designated contact channels provided on the Platform. We aim to respond promptly and effectively to user inquiries.    

11.2 Feedback and Suggestions

Online Innovators welcomes feedback and suggestions from users regarding the Platform's functionality and services. Users can submit their feedback through the contact methods available on the Platform.  

11.3 Reporting Issues or Concerns

If users encounter any problems or have concerns about the Platform, they are encouraged to report these issues through our official communication channels. We are committed to addressing and resolving user concerns in a timely and efficient manner.  

11.4 Official Communication Channels

All official communication with Online Innovators should be conducted through the channels specified on the Platform. This ensures that user inquiries and communications are received and addressed appropriately.