Leopard CRM Terms and Conditions
The following Terms and Conditions govern the use of Leopard CRM software (“the Service”) by “You”. By using the Service, or any services of Leopard Software, You are agreeing to be bound by these Terms and Conditions.Leopard Software reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features or changes to the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can obtain the most current version of the Terms and Conditions from Leopard Software at any time by visiting http://www.leopardcrm.com/crm/terms_and_conditions.
Questions about the Terms and Conditions should be sent to support@leopardcrm.com.
1. Use of the Service
1.1 You must be 18 years or older to use this Service.
1.2 Accounts registered for use by automated methods are not permitted.
1.3 All accounts and all users attached to those accounts, whether Subscription Accounts or Trial Accounts, are bound by these Terms and Conditions.
1.4 You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process to obtain an account.
1.5 You must not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.6 You and any third party engaged by You shall only access the Service and the data therein through interfaces specifically designed and provided by
Leopard Software.
1.7 You acknowledge that the use of the Service (including the normal operation of the Service) contrary to the Terms and Conditions constitutes an infringement of Leopard Softwareʼs copyright in the Service.
1.8 If your bandwidth usage per account exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Leopard
Software) of other Leopard CRM customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
1.9 Leopard Software reserves the right to refuse the Service to anyone for any reason at any time.
2. User log-ins
2.1 At any given time, the number of your user log-ins must not exceed the number of Subscribed Users as purchased from Leopard Software through
your Subscription Account. Where your account is a Trial Account, the number of user log-ins must not exceed the number of users granted by Leopard Software through your Trial Account.
2.2 You are responsible for maintaining the security of your account log-ins and passwords. Leopard Software will not be liable for any loss or damage from your failure to comply with this security obligation.
2.3 You shall not (and shall not allow any employer, contractor or third party to): (a) use another person's log-in or password; (b) share a log-in or password with another person; or (c) allow a computer to remain logged in to the Service for the purpose of being used to access the Service by a person other than the allocatee of the log-in and password.
3. Payments, Refunds, Increasing and Decreasing Users
3.1 Once you sign up for a Subscription Account, You are agreeing to pay the required amount in full before making use of the Service.
3.2 The Service is billed in advance on a monthly basis. The available payment method is credit card, which will automatically be debited by Leopard
Software at the beginning of each billing cycle. Leopard Software reserves the right to alter or add further available payment methods at any time. Failure of cleared payment being received may result in the suspension or termination of your account.
3.3 Fees are quoted in Australian Dollars (AUD) exclusive of Goods and Services Tax (GST). A Tax Invoice will be emailed to You by Leopard Software upon payment, outlining to You the cost of the Service, together with any taxes (including GST) that are payable by You. You shall be responsible for payment of any taxes, levies, or duties as required.
3.4 The monthly amount payable by You is calculated by multiplying the current price per user log-in by the number of user log-ins You request, plus any taxes payable ie: ((user price x number of users) + taxes) = monthly payment amount.
3.5 The date of first sign up to a Subscription Account will be used to calculate the monthly payment period. Each consecutive monthly anniversary of that date will be used to calculate billing cycles.
3.6 By choosing the “Account Management” option inside the “CRM admin” function within the Service, You can increase the number of Subscribed Users on your account. You will immediately be charged a pro rata amount to represent the number of days left on the current billing cycle multiplied by the number of increased users requested. The new monthly charge rate for your account will automatically take effect at the beginning of the next billing cycle.
3.7 By choosing the “Account Management” option inside the “CRM admin” function within the Service, You can decrease the number of Subscribed Users on your account. The new monthly charge rate for your account will automatically take effect at the beginning of the next billing cycle. There will be no refunds or credits for partially used months, both past and present. There will be no refunds or credits for unused log-ins, both past and present.
3.8 You may at any time disable a user log-in by choosing the “User Management” option inside the “CRM admin” function within the Service. Disabling a user does not decrease the number of Subscribed Users on your account. You will continue to be charged your usual monthly rate, unless you also decrease the number of Subscribed Users as described in clause 3.8.
3.9 Prices of all services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by notification to your account email address or by posting notification within the Service itself.
4. Content Rules
4.1 You are responsible for all Content entered and all activity that occurs through any user log-in attached to your account.
4.2 Leopard Software does not pre-screen Content, but Leopard Software has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
4.3 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms and Conditions.
4.4 We claim no intellectual property rights over the Content you enter into the Service.
4.5 You must not use the Service to upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages in any format.
5. Technical Support
5.1 Technical support is only available via email.
5.2 Leopard Software will provide technical support to all Subscription Accounts. Technical support will only be provided if all monies owing to Leopard Software have been paid in full. In its absolute discretion, Leopard Software may provide email technical support to users of Trial Accounts, but is under no obligation to do so.
5.3 If You wish to receive technical support services, You must submit your Support Case via http://www.leopardcrm.com/support
5.4 In reporting a Support Case, You must provide Leopard Software with information of: (a) the function being sought to be performed at the time that the Support Case arose; (b) the form of manifestation of the Support Case (e.g. program or system ʻfreezingʼ, program or system ʻcrashʼ, error message, failure to execute function); (c) any error codes or messages appearing;
5.5 Upon receiving a Support Case, Leopard Software will: (a) log the Support Case and allocate a number to it; (b) advise You of the Support Case number
5.6 You must quote the Support Case number in any further communication with Leopard Software with respect to the Support Case.
5.7 You agree that where requested by Leopard Software, You will assist Leopard Software: (a) to replicate the circumstances in which the Support Case arose and seek to replicate the occurrence of the Support Case; and (b) in the identification and diagnosis of any error or defect.
5.8 Leopard Software may utilise such employees and contractors as it deems appropriate in its absolute discretion in providing the technical support services.
5.9 Backups that Leopard Software perform are system-wide and undertaken for the purpose of a full system restore. Data cannot be separately restored for individual accounts.
5.10 Leopard Software will, from time to time, need to disrupt the Service for maintenance purposes. Where possible, we will endeavour to schedule this maintenance in time zones that coincide with the least disruption to the least amount of accounts, and give notification where possible.
5.11 Leopard Software, in its absolute discretion, will determine the classification and urgency of all Support Cases, and the priority in which Support Cases are resolved or closed.
5.12 Leopard Software reserves the right to close a Support Case for any reason, including but not limited to situations where the error cannot be replicated or resolved.
6. Issues arising out of compatibility
6.1 Leopard Software makes no guarantee that the existing computer software, hardware, applications, or operating systems You use, will use, or have installed are compatible with the Service.
6.2 If, in responding to a Support Case, it becomes apparent to Leopard Software that the Support Case appears to be caused by incompatibility of the Service with your other computer software, hardware, applications, or operating systems, Leopard Software will notify You. Leopard Software may cease responding to the Support Case until You instruct Leopard Software to proceed.
6.3 After such instructions have been received from You, Leopard Software may charge You on a reasonable time and material basis for the provision of the technical support services.
6.4 In instructing Leopard Software to undertake technical support to rectify compatibility issues, You: (a) warrant that with respect to all other computer software, applications, or operating systems involved in the compatibility issue, You either own the copyright in the computer software, applications, or operating systems or hold a valid licence or sub-licence from the copyright owner to operate the computer software, applications, or operating systems, and that if at any time You do not hold the copyright or valid licence to any computer software, applications, or operating systems, You will advise Leopard Software thereof prior to Leopard Software providing technical support services with respect to the unlicensed computer software, applications, or operating systems; (b) warrant that if in providing the technical support Leopard Software is required to do something with respect to your computer software, applications, or operating systems, that would otherwise infringe a third partyʼs intellectual property rights in that computer software, applications, or operating systems, You have obtained the necessary licences or assignments from the holder of the intellectual property rights; and (c) indemnify and hold harmless Leopard Software against any loss, damage or liability with respect to: (i) any failure by You to pay any fees or disbursements as and when they fall due, and Leopard Softwareʼs costs in following
up and/or enforcing its rights with respect to such fees or disbursements; and (ii) any claim by a third party with respect to an alleged infringement by Leopard Software of that third partyʼs intellectual property rights being rights with respect to which You are obliged to obtain a licence or assignment under subclause (a); (iii) any claim by a third party with respect to Leopard Softwareʼs provision of the technical support services.
7. Intellectual property rights in the Service
7.1 Unless otherwise declared in writing and signed by Leopard Software, the title to and ownership of the Service (and all copies and portions thereof) and all applicable rights to patents, copyrights, trade marks, trade secrets and other intellectual property in the Service, modifications and derivative works, is permanently and irrevocably vested in Leopard Software and shall remain with Leopard Software notwithstanding the delivery of the Service to and use of the Service by You.
7.2 Leopard Software reserves all rights, copyright and ownership of the intellectual property embodied in the Service. This includes: (a) the right to modify, enhance or reengineer portions of the Service in
subsequent releases; (b) the right to resell or allow subscription of copies of the Service to third parties; (c) the right to sell the intellectual property to a third party.
7.3 The look and feel of the Service is copyright Leopard Software, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Leopard Software.
7.4 You shall not (and shall not allow any third party to): (a) translate, reverse engineer, decompile, disassemble or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Service by any means; (b) provide, sell, resell, rent, lease, licence, transfer or grant any rights in the Service, in full or in part, to or for the benefit of third parties; (c) modify, incorporate into or with other software, or create a derivative work of any part of the Service; (d) reproduce, duplicate, or make any copies of the Service; (e) exploit any portion of the Service, use of the Service, or access to the Service.
7.5 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Leopard Software, or any other Leopard Software product or service.
8. Disclosure of confidential information
You shall not, without prior written approval of Leopard Software, disclose to any third party, any confidential information of Leopard Software. Confidential information is information which relates to Leopard Software's financial status, research, development, trade secrets or business affairs but does not include information which is generally known or easily ascertainable by the general public.
9. Guarantee and liability
9.1 You agree to use the Service at your own risk. The Service is provided on an "as is" and "as available" basis.
9.2 Leopard Software reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Leopard Software shall not be liable for any losses to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
9.3 The Service is not intended for the use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Service could lead to death, personal injury or severe physical or environmental damage.
9.4 You expressly understand and agree that Leopard Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
9.5 You expressly understand and agree that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) You do not hold Leopard Software liable for any losses resulting from such technical processing, unencrypted transmissions, and changes to conform.
9.6 Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these Terms and Conditions by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation: (a) any conditions, warranties or rights implied to your benefit by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible; (b) You expressly understand and agree that Leopard Software shall not be liable for any pure economic loss, 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 Leopard Software has been advised of the possibility of such damages) howsoever arising, including but not limited to: (i) the use or the inability to use the Service; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) the cost of procurement of substitute goods and services for any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (v) negligence; (vi) any other matter relating to the Service. (c) Leopard Softwareʼs liability under the Terms and Conditions howsoever arising (including negligence) shall be limited to the amount You paid to Leopard Software for the use of the Service in the 1 (one) month immediately before the claim arose.
9.7 Without derogating from clause 9.6, where a condition, warranty or right cannot be excluded but under section 68A of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation may be restricted, Leopard Software's liability with respect to the supply of goods is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, and with respect to the supply of services is limited to the supplying of the services again or the payment of the cost of having the services supplied again.
9.8 Leopard Software does not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet your expectations; and
(e) any errors in the Service will be corrected.
9.9 You acknowledge that the risk of computer viruses cannot be completely excluded and will not hold Leopard Software responsible for such risks or the consequences of such occurrences.
9.10 You acknowledge that the risk of loss of data from any cause related to the provision of the Service cannot be completely excluded and will not hold Leopard Software responsible for such risks or the consequences of such occurrences.
9.11 You must not transmit any worms or viruses or any code of a destructive nature. You agree to indemnify Leopard Software for all claims against it from any customer for all losses caused by viruses, worms or destructive code that was transmitted (either deliberately, negligently, or unknowingly) through your Account. You further agree that in such situation you are liable for Leopard Softwareʼs own losses, including but not limited to consequential or pure economic losses.
10. Force Majeure
10.1 If a Force Majeure arises so as to wholly or partly prevent or delay Leopard Software providing the Service or technical support for the Service, Leopard Software: (a) may notify You (where practicable) of the Force Majeure, its likely duration and the period (in Leopard Softwareʼs opinion) of any consequent delays or other relevant events, and the said dates will be so extended; and (b) shall not be liable to settle any strike, lockout or other labour difficulty on terms not reasonably acceptable to Leopard Software.
11. Cancellation and Termination
11.1 You may at any time cancel your account by utilising the CRM administration function within the Service. You are solely responsible for properly cancelling your account.
11.2 When your account is cancelled: (a) All of the log-ins and passwords attached to your account will immediately be disabled (b) All of your Content will be immediately deleted from the Service. This
information can not be recovered once your account is cancelled. It is your sole responsibility to ensure You have removed any Content You require before cancelling your account. Leopard Software will not be held liable for any information that was lost due to the cancellation of an account.
11.3 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.
11.4 Leopard Software may terminate the provision to You of the Service or technical support of the Service: (a) by notice in writing if Leopard Software suffers an Insolvency Event; (b) by notice in writing if a Force Majeure event continues for an unbroken period of 30 days.
11.5 Your ability to access or use the Service will terminate automatically without notice from Leopard Software if You fail to comply with any of the Terms and Conditions. Leopard Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Leopard Software service. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.
11.6 Verbal, physical, written or other abuse (including threats of abuse or retribution) directed at any Leopard Software customer, employee, member, or officer will result in immediate account termination.
12. Dispute resolutions
Any dispute or difference arising in accordance with these Terms and Conditions shall be submitted to mediation in accordance with and subject to the rules for the conduct of commercial mediation of the Institute of Arbitrators & Mediators Australia. During such mediation You and Leopard Software may have legal representation.
13. Governing law
The Terms and Conditions shall be governed and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and You and Leopard Software agree to the jurisdiction of the Courts and Tribunals of that State.
14. Assignment
Your subscription and account under the Service shall not be assignable by You without the prior written consent of Leopard Software. Where consent is granted by Leopard Software, the Terms and Conditions shall be binding upon your successors in title.
15. Whole agreement
The Terms and Conditions constitutes the entire agreement between You and Leopard Software and govern your use of the Service, superseding any prior agreements between You and Leopard Software (including, but not limited to, any prior versions of the Terms and Conditions). The failure of Leopard Software to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
16. Severance
If any provision of the Terms and Conditions shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and the Terms and Conditions shall be construed so as to most nearly give effect to Leopard Softwareʼs intentions when the Terms and Conditions was written.
17. Dictionary
In the Terms and Conditions:
17.1 ʻContentʼ means any data or files entered into or attached to an account by any user of that account;
17.2 ʻForce Majeureʼ means any event or condition not existing at the date of these Terms and Conditions, not reasonably foreseeable as of such date and not reasonably within the control of Leopard Software, which prevents in whole or in material part the performance of Leopard Software of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable, including (but not limited to): (a) war or warlike conditions, riot or civil commotion, terrorism, mobilisation, insurrections; (b) import or export bans blockades or embargoes; (c) statutory or union contract reductions in working hours, strike or lockout or other labour conflicts; (d) natural catastrophe, earthquakes, storms, floods, fires, epidemics;
17.3 Insolvency Eventʼ means in relation to a partnership or corporation, the happening of any of the following events to or in relation to that entity or in the case of: (a) a partnership - a person majority owned or controlled by that partnership; or (b) a corporation - any related body corporate of that corporation: the events being: (c) the person is or states that it is insolvent or unable to pay its debts as they fall due; (d) an order is made that the person be wound up; (e) a liquidator or provisional liquidator is appointed for the person, whether or not under an order; (f) a resolution is passed to appoint an official manager for the person; (g) except to reconstruct or amalgamate while solvent, the person does or proposes: (i) to enter into a scheme or arrangement or composition with, or assignment for the benefit of, all or any class of its creditors; (ii) a re-organisation, moratorium or other administration involving all or any class of its creditors, members, owners or controllers; or (iii) to wind itself up or otherwise dissolve itself or is otherwise wound up or dissolved; (h) a receiver or receiver and manager is appointed; or (i) any act or event analogous, or having a substantially similar effect, to any of the events specified above occurs;
17.4 ʻLeopard Softwareʼ is a trading name of Kingdom Solutions Pty. Ltd.;
17.5 ʻSubscription Accountʼ means an account used to access the Service that attracts a monthly fee as calculated in accordance with clause 3.4;
17.6 ʻSubscribed Usersʼ means the number of users attached to a Subscription Account;
17.7 ʻSupport Caseʼ means any operational problem, bug, anomaly or enquiry pertaining to the usage of the Service;
17.8 ʻTrial Accountʼ means a time-limited (30-day) account used to access the Service that does not attract a fee;
17.9 ʻUser Log-inʼ means the log-in and password of any user attached to an account which is used to access the Service;
17.10ʻYouʼ means collectively the primary account holder, all users attached to that account, and in the case of Subscription Accounts, the person responsible for payment of the subscription, whether natural persons, corporations or any other legal entities.
Last updated: 25th July 2009
