Unify 2021 - Terms and Conditions Update - Rev2
This Agreement between Unifyy hereinafter referred to as UNIFYY, and the undersigned, hereinafter referred to as Client, is entered into with reference to the following: Client requests that UNIFYY provide monthly access to UNIFYY’s software, a Customer Relationship Management (CRM) system, in exchange for a monthly fee plus usage expenses defined herein.
Client understands there is no agreement term or “contract” to use UNIFYY software. Client understands this agreement is automatically renewed for Client and Client’s users each 30 days that client wishes to retain access to the system in what is commonly referred to as a “month-to-month” agreement. Client understands Unifyy does not offer refunds or credits for monthly service fees collected.
If Client elects to pay in advance for services in exchange for a discount, Client agrees to waive any right to refund for unused balance on file..
Software Service Fees
Client understands that UNIFYY sells individual persons (employee’s, salespeople, etc) associated with Client’s business access to it’s system on a monthly basis for a monthly fee.
Pricing for each Seat is prominently displayed on Unifyy.com’s pricing page. Client is offered a discount for paying for 1 year upfront.
The date Client enrolls for UNIFYY is recorded as the “Enrollment Date”. If Client elects to have their account paid monthly then Each 30 days from enrollment Client is charged automatically via credit card on file for each seat called the “Billing Day”. Each charge pays for the 30 days ahead referred to herein as the “Billing Cycle”. Client understands any seat added after enrollment will be prorated per day for day remaining between the addition of the seat and the Billing day.
Client understands that if he elects to pay via monthly billing then this agreement is considered to be a “month-to-month” agreement and UNIFYY reserves the right to change pricing at any time and shall provide Client with 10-days notice in the event of a price increase or pricing model change through the software for “Primary” accounts only. When a pricing change is announced it shall be at least 10 days prior to the Billing Cycle and shall take effect for the next Billing Cycle. If Client elects to pay via annual or semi-annual billing the price is fixed for that term.
Support Service Fees
UNIFYY shall offer 4 hours of setup and training at no additional charge to Client. In addition, UNIFYY shall provide 2 hours of support per Billing Cycle per seat purchased by Client. Should Client exhaust these allocated support hours UNIFYY shall add 5 additional hours to Client’s balance for a fee of $375. Client understands purchased support hours never expire. Client understands the 2 hours per month included per seat do not rollover and remain on balance only for the current Billing Cycle.
Client understands that customer support, telephonic, phone, or by email is billed in 15 minute increments to Client’s account and is deducted from the balance of any free or paid support hour balances on Client’s account.
Cancelability and refund policy
Client understands that since there is no term or “contract” to us UNIFYY and Client is billed monthly (or semi-annually or annually depending on Client’s selection), and UNIFYY shall provide no refunds at all whatsoever regardless of billing term selected. If Client wishes to cancel access to Unifyy shall be revoked at midnight of the last day of the paid term. Client understands that UNIFYY does not offer pro-rata or daily rates for access to UNIFYY. Similarly, if Client wishes to cancel some, but not all, seats it shall be in accordance with this policy. Once paid, seats remain active until the next Billing Day and no refunds or prorations shall be provided.
Client understands that UNIFYY reserves the right to terminate access of Client to UNIFYY’s systems with or without cause at any time.
Client understands UNIFYY utilizes a 3rd party (Twilio) which provides the ability to make and receive calls and text messages as well as assign and port phone numbers to Client through the UNIFYY platform referred to herein as “Airtime”. Client understands he is responsible to pay for their Airtime. UNIFYY shall bill Client once per month for Client’s Airtime usage plus 20% to administer the Twilio technology stack. Billing for Airtime occurs separately from UNIFYY’s Seat pricing and is charged automatically to Client’s payment on file around the 12th of each month. For pricing (without the aforementioned markup) please refer to and https://www.twilio.com/sms/pricing/us.
Losses due to service interruption
Client understands and agrees to waive any rights to refund, reimbursements, indemnification, or discount due to service interruption, software glitch or bug, or any other performance or stability issues with the UNIFYY software. Client is aware of the risks associated with using online services to maintain and run their sales team and operation and outages and bugs are common and any related losses are the sole responsibility of the Client, not UNIFYY.
Client agrees that upon issuing a cancellation request any remaining fees, to be charged becomes immediately due and is settled to their payment method on file.Any remaining amount owed is to be settled to Client’s credit card or bank account. Client agrees any and all charges are final, non-refundable, and waives any right to dispute them.
Client Responsibilities, Authorizations, and Opt-Out
Client agrees to actively communicate with UNIFYY through the course of their engagement. Client understands that UNIFYY expects Client to attend scheduled meetings and be available to communicate with UNIFYY via phone and email. Client acknowledges that if communication and relationship management with UNIFYY is delegated to an employee of Client, it is the responsibility of Client to make the appointed employee aware of the terms of this agreement. Client acknowledges that UNIFYY documents communications by email and may record phone calls for quality assurance. Due to the nature of its business, UNIFYY may, from time to time, change its service offerings, pricing, billing methods, operational procedures, and communication protocol. In this instance, UNIFYY will update its terms in the UNIFYY software and notify Client electronically in the course of its normal communications, such as task approval emails or electronic reminders to log into the Client Portal.
Right To Refund / Refund Policy
Client may compensate UNIFYY by automatic payment by credit card only. Client understands that no payment made to UNIFYY is refundable for any reason except erroneous charges deemed to be so only after investigation by UNIFYY staff. If Client elects to pay by credit card, Client understands they have the right to reverse or chargeback transactions made to UNIFYY only after requesting and completing a refund request form. Client agrees to allow 10 business days after submitting a written refund request form for investigation and decision by UNIFYY ownership. Client understands that all refund responses and outcomes from the written refund request form are final and waives any right to dispute the outcome once issued.
Entire Agreement / Jurisdiction / Mediation & Attorney Fees
This agreement constitutes the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties. The parties to this Agreement, acting for themselves and for their respective successors and assigns, without regard to domicile, citizenship or residence, hereby expressly and irrevocably elect as the sole judicial forum for the adjudication of any matters arising under or in connection with this Agreement, and consent and subject themselves to the jurisdiction of, the courts of the territory of Puerto Rico, in respect of any matter arising under this Agreement. Service of process, notices and demands of such courts may be made upon any party to this Agreement by personal service at any place where it may be found or giving notice. If Client brings any action to enforce such party’s rights in this agreement, UNIFYY shall be entitled to recover reasonable attorney’s fees and costs incurred in connection with such action should it be the prevailing party. If, within forty-five (45) calendar days (or such longer period as may be agreed in writing between the Parties) after receipt by a UNIFYY of a written notice of dispute, and Client and UNIFYY have not succeeded in negotiating a resolution of the dispute, the parties agree to the earliest possible date to mediation conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (AAA), and to bear equally the costs of the mediation; provided, however, that each Party shall bear its own costs in connection with such mediation. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days or such longer period as they may mutually agree following the initial mediation session (the Mediation Period).