Terms and Conditions - Act Today Terms and Conditions - Act Today

Terms and Conditions

Acttoday.com.au (the “Site”) is an online service owned and operated by Act Today Pty Ltd (ABN 86 151 096 347).
By using the Act Today online Site, you are agreeing to be bound by the following terms and conditions.

    General Sales
  1. System Requirements: We strongly recommend that you read the System Requirements and utilise the free trial period prior to purchasing the software to ensure that it is compatible with your system and meets your requirements.
  2. Refund policy: There are no refunds for Act! and Act! AddOns. Act! along with most AddOns allow a free trial period to test that it meets your needs prior to purchasing.
  3. E-store: All sales on our e-store are charged in Australian Dollars and include 10% Goods and Services Tax (GST).
  4. Technical Support:Act! Premium Subscriptions include technical support provided by Swiftpage. See Act! Scope of services.
  5. Consulting services: Consulting and technical services are provided by our Act! Certified Consultants (ACC) as a fee-based service. Our ACC’s can be found on the find a consultant page: Find a consultant
  6. Disclaimer: Customers who wish to install and setup their software do so at their own risk. Act Today accepts no responsibility for any issues with installation or setup performed by the purchaser. In no event shall Act Today be liable to the client for any accidental, consequential, incidental or indirect damage of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Act! software.
  7. Act! Premium Subscription Billing Policy
  8. Payment, Term and Renewal: Subscriptions automatically renew on the anniversary date of your initial purchase. You are responsible for keeping your payment information current. Declined payments or other failure to make payment will result in cancellation of your service.
  9. Addition of Users: Additional users may be added at any time. When adding new users through Act Today, you will be charged a pro-rated amount based on the remaining time in your term. Your anniversary date for all users will then remain the date of your original purchase.
  10. Act! Perpetual License Purchases: For purchases of Act! perpetual licenses, there are no cancellations or refunds, unless otherwise stated in your applicable agreement or as mandated by statute, regulation, or law.
  11. Cancellation: To prevent automatic renewal, your subscription must be cancelled before your renewal date. To cancel your subscription, please contact Customer Support. No refunds will be processed for remaining months of service. Upon cancellation, access to the application is removed, unless perpetual license rights were purchased upfront. In the event of removal of access to Act! Cloud subscriptions, your data is retained and available for 90 days.
  12. See www.act.com/legal/billing-policy for full details.
  13. Email Subscription
  14. Completion of any form on the Site automatically subscribes you to our email list where we will send periodic emails informing you of the latest Act! news and events in your area. You are able to easily unsubscribe by selecting the “Leave This List” link at the bottom of the email.
  15. Consulting
  16. Requests for Work Work requested by the Client (including employees or representatives of the Client), in written, electronic or verbal form is deemed to be authorised by the Client unless specifically advised in advance.
  17. Hourly Work Act Today provides professional consulting services based on an hourly rate and may provide an estimate when requested. Such estimates are based on our understanding of the consulting to be undertaken and charged accordingly. If during the course of such consulting, Act Today may determine that the consulting may require substantially more hours than estimated, Act Today will endeavor to advise the customer of any significant issues where applicable. The minimum time chargeable for on-site work is one and half hours (1.5) hours per visit. The minimum time chargeable for remote login support or off-site work is 30 minutes per session.
  18. System Issues It is the client’s responsibility to ensure that system maintenance has been performed on all computers that will support Act! prior to installation and that these computer meet the minimum system requirements required by Act! in your particular environment. Networks should be installed and maintained by suitable qualified personnel. Act Today accepts no responsibility for delays or inability of the software to function due to inadequate hardware.
  19. Limited Liability In no event shall Act Today be liable to the client for any accidental, consequential, incidental or indirect damage of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Act! software.
    Act Today is not liable to resolve any issues ‘free of charge’ that may have resulted from modifications made to computers/network after the consultant has completed the work.
  20. Payment Terms Our first engagement is on a pre-paid basis. Should you require on-going additional services an account may be established upon application. A credit account is offered as a courtesy and is not a right of trading. Trading terms must be agreed and adhered to.
  21. Training
  22. Registration: To register for a course, a candidate must either book online through the Act Today website OR complete a Training Booking form (email). As each course is limited (8-10 seats depending on venue), candidates will be accepted on a “first paid, first served” basis. Please note that bank transfers require up to 2 days to process so to secure your seat, credit card payment is the best option. If the course you wish to attend is fully booked, we can place you on a waiting list. In the occurrence of a cancellation, you will be contacted and offered the seat.
  23. Enrolment Confirmation: Registration for a course will be confirmed upon receipt of a completed registration form and payment.
  24. Payment: Payment is required to secure a seat at any training course. If payment is not received, Act Today reserves the right to offer course placement to others. Payments can be made through the Act Today website using Visa or MasterCard. Alternatively, we can accept payment by cheque or direct bank deposit or AMEX (3% surcharge) by contacting the office on 02 9431 2222.
  25. Cancellations You may cancel or transfer a booking without incurring any penalties when notice is given five (5) or more business days prior to the course date. If a course booking is cancelled within five (5) business days of the course date, no refund will be provided as it is difficult to find a replacement at short notice. If you are unable to attend a course due to unforeseen circumstances i.e. illness, you may transfer to another mutually agreeable course date however a transfer fee of 50% of the cost of the course (in addition to the course fee) will apply. This transfer can only be made once.
  26. Rescheduled Courses: Act Today will make every effort to deliver courses on the scheduled dates. Act Today reserves the right to change the course dates if the number of registered students is not adequate to justify the cost of presenting the course or unforeseen circumstances prohibit an instructor being available.
    If it is necessary to cancel a course and confirmation has been received, the candidate will be contacted to discuss alternative training dates/options. Candidates will be given these options:
    1. Booking on another course;
    2. Using the course fee as a contribution towards the cost of one-to-one training, or;
    3. Credit with full refund.
    All efforts will be made to notify candidates of a course cancellation at least three (3) business days before the scheduled course commencement date. Act Today assumes no responsibility for non-refundable travel arrangement losses resulting from course rescheduling changes or cancellations.
  27. Pre-Requisites: It is the responsibility of the candidate to ensure that they meet the specified course pre-requisites.
  28. Late Arrival: To avoid disruption to classes, please arrive 15 minutes prior to the course start time. This ensures that everyone benefits from maximum class time.
  29. Proprietary Rights: Act Today retains proprietary rights to all training materials. Training materials are designed for use by a single training candidate during the period of the course and for personal use after completion of the course. Course materials may not be sold or reproduced without prior consent.
  30. Training Facilities: Act Today reserves the right to invoice the company or individual responsible for any malicious damage caused to the training facilities. This includes computer equipment, projectors, desks, chairs and whiteboards.
  31. Warranty: Act Today Trainers are Certified Act! Consultants/Trainers and possess the necessary knowledge, skills, and abilities to provide the training services offered. Notwithstanding, there are no warranties expressed or implied relating to the content or result of attendance and/or completion of an Act Today course. It is the responsibility of the organisation/individual making a course booking to ensure that the course is appropriate to the needs of the candidate. Whilst every care is taken in the preparation of training courses and materials, no warranty is given that the information or advice is relevant to the specific needs of any individual.
  32. Support Plans

    The following terms and conditions apply to Act Today customers on a current Support Plan.

  33. Remote Support Session: Each quarter, your consultant will schedule a 30 minute remote support session with you to provide assistance and/or preventative maintenance. The number of support sessions allocated each quarter depend on your support plan type:
    • Basic: 1 per quarter (total of 4 per year)
    • Plus: 2 per quarter (total of 8 per year)
    • Ultimate: 3 per quarter (total of 12 per year)
  34. Support Calls: Support calls are a maximum duration of 10 minutes for each issue. Excludes procedures where accidental data loss is likely or where you have called about the same issue before. In these cases, a remote support session will be required.
  35. Local Support: All support is provided by Act! certified consultants located in Australia or New Zealand. We do not outsource support to overseas technicians.
  36. Dedicated Specialist: Support from your dedicated Act! Consultant has the advantage that they will generally know your setup and working environment. However if you have a critical issue and your consultant is not available at the time of your request, another consultant will be available to assist you within the 2 hour time frame. Please be aware that we do not guarantee that your problem will be resolved within 2 hours. This service is only available to clients on a current Support Plan.
  37. Cost Per Site: Support Plans are per site and are not dependent on number of Act! users.
  38. AddOn Support: Support for Act! AddOns is only provided when the AddOn has been supplied and installed by Act Today.
  39. Additional consulting services: Support Plans do not include consulting services (other than the included 30 minutes sessions). Additional consulting services (remote) are charged at the normal hourly rate (per 30 minutes).
  40. On-site support: On-site support is not included in the Support Plans and is subject to a minimum and/or travel charge depending on your location.
  41. Pricing: Prices listed are EX GST and are billed annually.
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    Copyright

    Act Today reserves the right to use the intellectual property rights, copyright and trade secrets of Act Today. No part of any customisation of the software/publications can be reproduced in any form or by any means without the prior written consent of Act Today.

SPEAK TO AN ACT! SPECIALIST in Australia 1300 362 046

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