ActiveCampaign Support Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Our desire is to delight you as a client. One way is to make clear our understandings with each other. These are the terms of our agreement together:
This Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Customer”) and applies to the purchase of all Monthly Website Maintenance Services (hereinafter collectively referred to as “Maintenance Services”) ordered by Customer.
Term and Termination – This Agreement shall be effective as of the time frame Customer signs up for Maintenance Services. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Three Steps Business (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Three Steps Business or hinders Three Steps Business’ ability to perform the Maintenance Services hereunder.
- Authorization. The invoice-named client is engaging Three Steps Business Pty Ltd, a sole proprietor, located at Level 1/50 Yeo Street, Neutral Bay, NSW, 2089, as an independent contractor for developing maintain and/or improving a World Wide website to be installed on the client’s web space on a web hosting service’s computer. The client hereby authorizes Three Steps Business Pty Ltd to access this account, and authorizes the web hosting service to provide Three Steps Business Pty Ltd with permission for the client’s webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for each project. The client also authorizes Three Steps Business Pty Ltd to work on their ActiveCampaign account as well as other required platforms required to complete the job.
- Support Package Elements. Three Steps Business Pty Ltd includes the following elements in their Maintenance Packages.
- Members Area Access: means the digital platform for the provision of the Course accessible by the Customer.
- Monthly Preventive Testing and Reporting
- Upgrades to Customer’s ActiveCampaign system, including emails, automations, Deals and templates.
- Recovery is limited to files from backups, if available.
- Tasks and changes. This list is a sample list of tasks, Three Steps Business Pty Ltd has the discretion of adding or removing items from the minor changes list.
- Small text changes (not including changing an entire page of text)
- Adding or modifying a link
- Adding or changing a photo/image
- Adding or modifying a menu item
- Uploading a new email addresses
- Changing a banner
- Adding or modifying an automation
- Adding or modifying an email template
- Customer Acknowledgements:
- Only the allocated amount of credits for Maintenance Services is allowed per month, consumed based on our public full credits list.
- Any work that exceeds the allocated credits will required a purchase of further credits at our Flexy credits rate.
- We don’t include website update or complex graphic design, this service do not including image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
- Three Steps Business Pty Ltd has no control over the policies of ActiveCampaign with respect to the pricing and management of the platform and/or content that they accept now or in the future. Customer’s ActiveCampaign account must comply with ActiveCampaign Terms & Conditions breach of those conditions at any time can cause further actions at the sole discretion of the entity.
- Additional fees could be charged if the information provided has to be typed and exceeds the required credits allotted.
- If changes are made by Three Steps Business according to Customer’s information, and the changes are not correct, additional credits to remedy the changes fall under the credits allotted.
- Unused credits are cumulative. Unused credits will cumulate and transfer from month to month up until the validity of each credit of 60 days. Maintenance Services time is strictly month to month.
- Three Steps Business is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
- Three Steps Business is not responsible for changes made to Customer’s ActiveCampaign account by other parties.
- Three Steps Business is not responsible for third-party integrations that may become unusable as a result of Maintenance Services performed.
- Three Steps Business will not repair Customer’s ActiveCampaign account that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
- Recovery or repair of Customer’s ActiveCampaign is not guaranteed.
- Availability of backups is not guaranteed.
- Additional Services – Additional services not listed herein will be provided for a fee for services at current credit rate. Three Steps Business is not responsible for developing new content or writing new copy for Customer unless expressly agreed. The content of the emails will be supplied by the client and executed as specified by the client in the Client Project brief completed by the Client for every project.
- List of additional services: Please note: these services carry an additional fee on top of your monthly maintenance fee.
- Custom integration via API to third party platforms
- Custom connection between ActiveCampaign and eCommerce gateways not readily available
- Strategy services
*For all other services, please use our members area for services for pricing and turnaround times.
- Where custom graphic work (beyond the scope of the graphics other provided by the client) is requested, it will be billed at the current credit rate
- List of additional services: Please note: these services carry an additional fee on top of your monthly maintenance fee.
- Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the WebPages have been constructed will be additional, billed at the current credit rate.
- ActiveCampaign Account. The client understands that any ActiveCampaign services require a separate contract. The client agrees to select a the level of service which allows Three Steps Business Pty Ltd full access to the platform.
- Completion Date Of additional services. Three Steps Business Pty Ltd and the client must work together to complete the service in a timely manner. We agree to work expeditiously to complete the work no later than the proposed completion date of this contract. Extensions or scope changes on the implementation will have an agreed length between the client and Three Steps Business Pty Ltd.
- Payment of Fees. Fees to are payable monthly or on a yearly basis according to the current pricing. All payments will be made in Australian Dollars. In order for Three Steps Business Pty Ltd to remain in business, payments must be made promptly. Delinquent bills will be assessed a $100 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Three Steps Business Pty Ltd reserves the right to stop the service until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Three Steps Business Pty Ltd. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in New South Wales, Australia, and any dispute will be litigated or arbitrated in New South Wales, Australia. Please pay on time.
- Assignment of Project. Three Steps Business Pty Ltd reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on time completion.
- Legal Stuff. Three Steps Business Pty Ltd does not warrant that the functions contained in these service will meet the client’s requirements or that the operation of the maintenance services will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Pages and website is with client. In no event will Three Steps Business Pty Ltd be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Three Steps Business Pty Ltd has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Copyrights and Trademarks. The client represents to Three Steps Business Pty Ltd and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Three Steps Business Pty Ltd for inclusion in Web Pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Three Steps Business Pty Ltd and its sub-contractors from any claim or suit arising from the use of such elements furnished by the client.
- Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Three Steps Business Pty Ltd and its sub-contractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
- Sole Agreement. This agreement constitutes the sole agreement between Three Steps Business Pty Ltd and the client. Any additional Work not specified in this contract must be authorized by a written change Order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after the time of this agreement will require a new agreement.
- Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Three Steps Business and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
- Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
- Relationship of Parties – Three Steps Business Pty Ltd, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of Three Steps Business Pty Ltd, whether by regulation or contract. In no way is Three Steps Business Pty Ltd to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
- Read and Understood – Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.