By using any of the salesSMART web sites (in these terms we call these sites and any successor sites, and any software & business contact details provided by salesSMART Ltd. for use with the site, "Service", "Site", "Application", "Software" and in relation to salesSMART Limited and/or salesSMART, "we", "us", "our" and terms of similar meaning), or any other services of salesSMART Ltd you are agreeing to be bound by the following terms and conditions ("Terms of Service").

salesSMART Ltd. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. You can review the most current version of the Terms of Service at any time at: http://www.salesSMART.co.uk/.

1. Setting up and using your Account

1.1 Registration Terms

To register and use the Service, you must:

  1. provide your full legal name, a valid email address, and any other information reasonably required in order to complete the signup process;
  2. be 18 years of age or older;
  3. be a human. Accounts registered by "bots" or other automated methods are not permitted;
  4. promptly discharge all charges and other monthly fees as they fall due to access and use the Service; and
  5. comply with these Terms of Service.

You are responsible at all times:

  1. for maintaining the security of your account and password. salesSMART Ltd. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and
  2. for all content posted and activity that occurs under your account.

1.2 Trial Licence Terms

Subject to the terms and conditions of this Agreement, we grant You and Your Users the right to access the Services for the purpose of evaluating the Services internally on a trial basis free of charge. This license shall terminate automatically upon the earlier of

  1. the end of the free trial period indicated at the time You registered for the Services
  2. the date on which You execute an Order Form and Master Subscription Agreement for the Services.

We shall use reasonable commercial efforts to make the Services available to You during the trial period. We have no obligation to support, upgrade, update or correct errors in Services made available on a trial basis. Your sole remedy for failure of the Services to perform will be to terminate this Agreement and cease using the Services. We may suspend or terminate access to the Services at any time, for any reason or no reason. Additional trial terms and conditions may appear on the trial registration web page and are incorporated into this Agreement by reference.

AFTER THE TRIAL PERIOD, ALL TRIAL DATA WILL BE DELETED PERMANENTLY UNLESS YOU UPGRADE TO A PURCHASED SUBSCRIPTION OF THE SERVICES BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER YOUR DATA BETWEEN TRIAL SERVICES TO LESSER OR DOWNGRADED VERSIONS OF PURCHASED SERVICES. SERVICES OFFERED ON A TRIAL BASIS MAY CONTAIN A ROUTINE TO RENDER THEM INOPERABLE BY US AT THE END OF THE TRIAL PERIOD OR FOR VIOLATIONS OF THIS AGREEMENT.

1.3 Modifications to the Service and Prices

salesSMART Ltd. reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, as are displayed at this Site or otherwise notified to you from time to time are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to this Site or the Service itself.

salesSMART Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

1.4 Payment and Refunds Terms

A valid credit card is required for paying accounts.

The Service is billed to you in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the European Union for VAT.

1.5 Cancellation and Termination of Your Account

Subject to these Terms of Service, you may cancel your account at any time by emailing salesSMART at cancel@salessmart.co.uk. You are solely responsible for properly cancelling your account.

Your account will continue and monthly subscription fees and charges will continue to accrue until such time as your account is cancelled or terminated in accordance with these Terms of Services.

All of your content will be immediately deleted from the Service upon cancellation or termination. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

salesSMART Limited may terminate your account at any time upon notice should you violate these Terms of Service or otherwise fail to comply with your obligations hereunder. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any salesSMART Ltd. customer, client, employee, member, or officer will result in immediate account termination.

2. Content, Ownership and Prohibited Uses

Our Content. You expressly acknowledge that the Site, the software & business contact details and the Service developed by or on behalf of salesSMART Limited each contain information, text, files, software & business contact details, applications, code hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other material (the "Materials") that are protected by copyright, trade marks, trade secrets, patents, designs or other proprietary and intellectual property rights (the "IPR"), and that these IPRs are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the Materials, the Site, the software & business contact details, the Service and all IPR therein are and shall remain the exclusive property of salesSMART Limited.

Grant of Licence. Upon registration and during the continuance in force of your account, salesSMART Limited shall and hereby grants you a non-exclusive, royalty-free, non-transferrable, revocable licence under the IPR in the Software and the Service to use the Software and/or the Service expressly for your personal use only, subject to these Terms of Service.

No Implied Licence. Except as explicitly granted in these Terms of Service, no licence, immunity, or other right is granted or assigned under these Terms of Service, either directly or indirectly, by implication, estoppel or otherwise, to you with respect to any IPR of salesSMART Limited.

Prohibited Uses. You will not at any time:

  1. copy, licence, distribute, sell or otherwise market the Software & business contact details or the HTML/CSS/JS/Ruby or visual design elements of the Service and/or the Site, or any part thereof, or authorise any third party to do any of the foregoing;
  2. reverse engineer or decompile the Software or any IPR in the Software, except and only to the extent authorised by applicable law;
  3. remove any patent numbers, copyright notices or other notices from the Software, the Service and/or the Site;
  4. use the Software, Business Contact details, the Service and/or the Site, or any part thereof, for any purpose or do any act which would or might infringe the salesSMART IPR;
  5. use the Software, Business contact details, the Service and/or the Site, or any part thereof, to create, publish, post, upload, transmit, disseminate or endorse any message, data, information, text, name, software, graphics, files materials or other content that is unlawful, libellous, defamatory, profane, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights or for any other unlawful purpose;
  6. transmit any worms or viruses or any code of a destructive nature when using or otherwise in connection with the Service, the Software and/or the Site; or.
  7. modify, adapt or hack into the Service or modify another website or service so as to falsely imply that it is associated in any way with the Service, salesSMART Ltd. or any other salesSMART Ltd. service.

Your Content. Your content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your content may cause to you or other people, companies or organisations. We claim no intellectual property rights over the new material you independently create and provide to the Service. Your profile and materials uploaded remain yours. You will use the Software, Business contact details, and/or the Service and exercise your rights under these Terms of Service in accordance with all applicable laws (including without limitation copyright laws).

Monitoring and Altering Content. salesSMART Ltd. does not pre-screen content, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit without notice any content posted or stored on the Site that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time. You are solely responsible for maintaining copies of and replacing any content you post or store on the Site.

Third Party Material. To the extent the Site, the Software, Business contact details, and/or the Materials include or refer to any third party materials, the ownership of such third party materials shall be vested in the third party(s) concerned. salesSMART Limited is in no way responsible for the content, accuracy or reliability of any such third party materials.

3. General Conditions

3.1 Disclaimer of Warranties and Limitation of Liability

Your use of the Service, Business contact details, and the Software is at your sole risk. The Service, Business contact details and the Software is provided on an "as is" and "as available" basis.

salesSMART Ltd. does not warrant that (i) the Service, Business contact details and/or the Software will meet your specific requirements, (ii) the Service, Business contact details and/or the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service, Business contact details and/or the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service, Business contact details and/or the Software will meet your expectations, and (v) any errors in the Service, Business contact details and/or the Software will be corrected.

You expressly acknowledge and agree that salesSMART Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if salesSMART Ltd. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, Business contact details the Software and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, Business contact details; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service, Business contact details, the Software and/or the Site.

3.2 Technical Support and Hosting

Technical support is only provided during the trial period and to paying account holders. Support is only available via email.

You understand that salesSMART Ltd. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Accordingly, you understand that the technical processing and transmission of the Service, including your content, involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by salesSMART Ltd.) of other salesSMART Ltd. customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.

3.3 Other

We respect your right to privacy and will not collect any personal information about you on this Site without your permission. We do not share your personal information, unless required by law or court order. For more information about our privacy practices, please refer to our Privacy Policy.

These Terms of Service are governed by the laws of the Republic of Ireland.

The failure of salesSMART Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and salesSMART Ltd. and govern your use of the Service, superseding any prior agreements between you and salesSMART Ltd. (including, but not limited to, any prior versions of the Terms of Service).

3.4 Data Usage

The Customer warrants to store and process data supplied by the company in accordance with The Direct Marketing Association's code of best practice, The Information Commissioners Office guidance, the Data Protection Act and the EU Privacy and Electronic Communications Regulations. The customer warrants they (or their clients) shall adhere to the Company's data subject access process by providing data subjects with Company's contact information in order that data subjects may contact Company directly should they wish instigate a data subject access request or simply to have their details removed.

The Customer warrants to make use of any data that it has downloaded or copied from the SalesSMART website for a maximum of 30 days and it shall delete such data from its systems in no more than 35 days.

Salessmart credits lapse 12 months from allocation date or at expiry of subscription

3.5 Contact Us

Questions about the Terms of Service should be sent to salesSMART Ltd, 1 Buckingham Court, Dairy Road, Springfield, Chelmsford, Essex, CM2 6XW .