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Terms and Conditions

Terms and Conditions

If you are representing a company or other legal entity, when accepting or agreeing to these Terms and Conditions, you are stating that you have the authority to legally bind the company or other legal entity that you represent to these Terms and Conditions, and as such, any use of “you”, “your”, “yours”, “client” and “clients” will refer and apply to both you and the company or other legal entity.

1. Definitions

In these Terms and Conditions,

  • “ProLS.com”, “ProLS”, “us”, “we”, “website”, “service” refer to ProLS Inc. and its products.
  • “customer”, “users”, “user”, “you”, “your”, “they”, “their”, “client”, “clients” refer to you and the company or other legal entity that you represent

2. General

This website (ProLS.com) and all of its content are owned by ProLS. This Terms and Conditions document is a legally binding agreement between the customer and ProLS. ProLS does not take any responsibility for any of the content created by its customers and users. The information in this document can change at any time and it is the responsibility of the customer to review the website for periodic updates.

3. Clients guarantee that:

  • They secure their ProLS password.
  • They will take responsibility for all content on their ProLS account.
  • They will not upload any content that is illegal or offensive. They agree that any content that they upload is in their discretion and that ProLS is not responsible for this content, nor will they hold us liable for actions caused by their account and/or content.
  • Any content uploaded or actions performed through their ProLS account are done so at the client’s own risk.
  • They understand that all correspondences and dealings with users of their account or website are their responsibility.
  • They have express permission to use all content and images on their ProLS account.
  • They have received consent from their end-users before adding them into their ProLS account.

4. ProLS is not liable for:

  • Any loss or liability that arises from delaying or failing to provide the service.
  • Any confidential information lost via communication or through the use the ProLS platform.
  • Any third-party service related to ProLS.

5. You are liable for any loss, damage and/or liability we suffer from the following:

  • Your misuse of our services in any fashion.
  • Your breach of these terms and conditions.
  • The misuse of your account by another person.

6. Indemnification

The client agrees to indemnify and hold ProLS, its officers, directors, executives, affiliates, agents, and employees harmless from any liability, loss, costs, expenses, or damages they may suffer as a result of claims, demands, costs, or judgments against them or through the use of the ProLS website, platform, and/or service, including, but not limited to, (1) breach of the Terms and Conditions by the client or anyone assuming the identity of the client through the use of the client’s computer or login credentials, (2) claims that the client’s use and/or content infringes on intellectual property and/or copyrighted material of a third party, (3) claims that the client’s use and/or content has harmed and/or damaged a third party, (4) claims arising from or due to content that the client posts, creates, or otherwise makes visible and/or accessible.

The client will pay any and all costs and expenses, including, but not limited to, attorneys’ fees and costs awarded against or incurred by, or in connection or arising from any such claim, suit, action, or proceeding.

7. Up-time and Back-up

ProLS will take industry-standard precautions to maintain and back-up your data on a periodic basis. However, ProLS does not guarantee this process and it is recommended that users independently take periodic back-ups of data that is on their ProLS account.

Clients understand that ProLS uses third party vendors to provide its services. In the case where a service outage occurs, ProLS will not be held responsible or liable for data loss.

8. Content and Information

All data and content on the ProLS platform will remain in a client’s account until the account is closed. Any content uploaded by the client will remain the intellectual property of the client. None of the data will be shared with a third-party unless otherwise allowed by the client or required by law or court order. ProLS can remove or limit the amount of content on a client’s account at any time. Content regarded as inappropriate will be removed immediately.

  • ProLS may suspend all accounts during times of technical repair.
  • ProLS may terminate a client’s account if the client fails to comply with the terms set in this agreement.
  • ProLS may remove, update, or change the client’s data if there is any misuse of ProLS, claim or allegation made against the client, or court order to do so.
  • ProLS may suspend, or terminate your account for any breach of payment.
  • ProLS may add your logo and company name to marketing material for as long as you have a non-cancelled account.

9. Communication

An “Administrator(s)” is a user that is designated as an “Admin” within the client’s platform. All communication between ProLS and clients must occur with designated Administrators of the account.

  • Only Administrators may receive technical support.
  • Plan changes, including cancellations, can only be made by Administrators.

10. Support

Technical support is provided for ProLS clients if the support request is explicitly regarding the ProLS platform. ProLS will answer all support requests in the order that they are received as long as they are pursuant to the guidelines specified in this section. If a request is made outside of these times, ProLS will respond at the earliest possible time that falls within our business hours as outlined above, following the order in which requests are received. The type of support that a client is entitled to depends on the plan that they are subscribed to and ProLS reserves the right to decline providing support if contacted through a means that is not supported by the client’s current plan. Support will only be provided to registered platform administrators and will not be provided to anyone else, including, but not limited to, registered non-administrators, people and/or persons claiming to be an administrator without being able to prove their identity, and executives of the client’s company who are not registered as an administrator on the platform. ProLS can be contacted with issues regarding specific technical questions and/or general knowledge, so long as all enquiries made are regarding the ProLS platform. Before contacting ProLS’s support services, the client must have shown due diligence in exhausting all attempts to investigate and solve their problem on their own, including, but not limited to, the use of the ProLS Help Center. The client agrees to contact ProLS’s support services at a reasonable frequency. ProLS reserves the sole and absolute right to terminate support services for clients who have shown they are misusing the support services in accordance to the terms stated above.

11. Billing and Refunds

Please check the Pricing Plan with the latest billing options we provide. All pricing is in AUD. ProLS may, at any time, change the prices and packages it offers. It is the responsibility of the client to watch for these updates. Month-to-month clients will be given two months to switch into a new plan if their current plan becomes unavailable. Yearly contracts will not be affected.

12. ProLS Referral Program

ProLS reserves the right to remove fake/abusive referrals from the platform. Referral points awarded from these referrals will also be removed.

13. Limited Liability

Clients using ProLS on their own domain take full and complete liability for any downtime issues related to their service. Clients using ProLS on their own domains guarantee that they will provide a valid, non-expired TLS/SSL certificate to ProLS. If no valid TLS/SSL certificate is provided to ProLS by the client, the client takes full and complete responsibility for any loss of log-in credentials, data and any security breaches that result.

14. Acknowledgement

By using the services of ProLS, you acknowledge that you have read and have accepted these terms and conditions.

 

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