Terms of Service

Effective Date:  December 12, 2011

Scope.  These are the Terms of Service of Sales Smart (http://sales-smart.com/web). These Terms apply to users of our sales-smart.com website, and users of our services.

Eligibility and Agreement.  If you use our website, services or apps, these Terms apply.  If you do not want these Terms to apply, you should not use our website, services or apps.  You can use our website, services and apps only if you can lawfully enter into and form contracts under applicable law.  If you use our website, services or apps, you must do so in compliance with these Terms and with applicable laws and regulations.

Our Privacy Policy.  Our Privacy Policy is located at sales-smart.com/privacy.  Our Privacy Policy describes how we use your personal information.  It is incorporated into these Terms.  Please read our Privacy Policy because it is an important part of these Terms.

Changes to These Terms.  We may make changes to these Terms.  If we do, we will do so in accordance with applicable legal requirements, and we will post the updated Terms on our website.

How Our Service Works. Sales-smart.com is online CRM software based on SaaS (software as a service model). You may use it against a monthly or annual fee per user(s) basis. You can configure the software within its limits using the Administrator access. You can configuration forms, reports and dashboards and use it for your authorized number of users. You can also download your data, as data backup and restore options are given in the Administrator module, and you would have sole responsibility of your data backup. This services provides you data in MS Excel format and CSV (Comma Separated Value), thus, once you have entered data you could use it any way you want. And tomorrow for some reasons if you decide to terminate this service, you can take your data with you. We do not access your data, neither we will be held responsible for your data.

Changes to Our Website, Services or Apps.  Our development efforts are designed to provide our customers with a great user experience, and our services may evolve over time.  This means we may make changes, replace or discontinue (temporarily or permanently) our website, services or apps at any time for any reason with or without notice.  In this case, you may be prevented from accessing our services as well as any data stored on our website.  In the case of any permanent discontinuance of our service, we would provide you with advance notice.

Paid Premium Services.  We offer a paid of our service, which provides you with access to features for a fee.  If you select our service, we will charge you a subscription fee on a monthly or annual basis, depending on which you select. Subscription fees are NON-REFUNDABLE.  Your service subscription will renew and the applicable subscription fees will be charged automatically each month or year, depending on whether you have selected a monthly or annual subscription.  Your right to access our service is effective only upon your payment of the applicable subscription fees.

We may terminate your subscription for our service if we are unable to renew your subscription, for example, if you have provided inaccurate or outdated credit card information to pay for your subscription.  We may increase subscription fees for a subsequent subscription period at any time and for any reason, by providing you notice of at least 30 calendar days prior to the expiration of your current subscription term.  You may cancel your paid subscription by emailing us at support@sales-smart.com If you cancel your service subscription, it will terminate at the end of the then-current billing period; you will continue to have access to our service until that time. If you cancel your service subscription, you acknowledge and agree that NO REFUNDS WILL BE ISSUED.

Ownership of Intellectual Property Rights.  We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our website, all content on our website, services, apps, and our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our website, service or apps. These rights extend to any content that you post or provide on our website, which becomes ours when you submit it and can be used by us in any manner we wish.  You may not use, copy or retransmit anything on our website without our permission.  We reserve all rights not expressly granted herein.  The foregoing applies to our website, not the materials in your account submitted using our services.

Unauthorized Uses of Our Services. You are permitted to use our website, services or apps, only as we have authorized.  You are responsible for maintaining the confidentiality of any passwords associated with your account and any activity occurring within that account. You may not reproduce, duplicate, copy, sell or resell our services for any purpose, engage in any activity that is abusive or interferes with or disrupts our services, create an account with us to take advantage of a user name, or sell, buy, or solicit payment in exchange for a user name.  Any violation of this section may result in permanent account suspension.

Trademarks.  Sales Smart, and the Sales Smart logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website are the property of their respective owners.

Disclaimer of Warranties. Our website, services and apps are provided “as is” with no warranty of any kind.  Your use of our website, services and apps are at your sole risk.  We and our licensors, service providers or subcontractors (if any) make no representations about the suitability of the information, software, products and services contained in our website, services or apps for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the website, services and apps will be free from errors, viruses or other harmful components, that communications to or from the website, services or apps will be secure and not intercepted, that the services and other capabilities offered from the website or the apps will be uninterrupted, or that their content will be accurate, complete or timely.  EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS.

Indemnification. You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our website, services and apps.

Limitation of Liability.  IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR WEBSITE, CONTENT, SERVICES AND APPS, YOUR ACCESS TO, DISPLAY OF, USE OF THE WEBSITE, CONTENT, SERVICES OR APPS, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE, CONTENT, SERVICES OR APPS, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, CONTENT, OR SERVICES OR APPS, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICE OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If, despite the limitation above, we, our licensors, service providers or subcontractors are found liable for any loss or damage that arises out of, or is connected with, any of the occurrences described above, then the liability of us, our licensors, service providers or subcontractors will in no event exceed, in the aggregate, the greater of $10 or the service fees that you paid to us for the service we provide through the website, services or apps during the month during which the incident occurred.  The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY.  ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Severability.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Governing Law and Arbitration. These Terms and any controversies arising out of or in relation with these Terms will be governed by laws of Islamic Republic of Pakistan. Any and all disputes, differences or questions between the Parties with respect to any matter arising out of or relating to this Agreement shall be finally settled in Islamabad in accordance with the Arbitration Act 1940 by one or more arbitrator(s).

Limitations. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our website, services or apps within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

No Waiver.  Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Entire Agreement.  These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.

 

Contact Us.
Sales Smart
Address: #1, Street # 19, F-8/2, Islamabad – 44000, Pakistan
E-mail: Support@sales-smart.com
Phone: +92 51 285 6740 – 43
Fax:     +92 51 285 6744