ActionTrac.net and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.
ActionTrac.net reserves the right to update and change the Terms of Service at any time without notice. All 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 said changes.
Violation of any of the terms below will result in the termination of your account. While ActionTrac.net prohibits such conduct and content on the service, you understand and agree that ActionTrac.net cannot be held responsible for the content posted on the Service and you may be exposed to such content. You agree to use the Service at your own risk.
You must be human. Accounts registered by bots and other automated methods are not permitted.
ActionTrac.net may communicate with you via email regarding your account, updates, news, and other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You can choose to opt out from receiving emails.
You are responsible for maintaining the security of your account and password. ActionTrac.net cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even if the content is user generated) - be it in the live chat, help desk, phone or social.
We have a soft limit on all our plans and should we believe that you are abusing the service, we may temporarily suspend your account and will seek your cooperation in this regard.
We reserve the rights to accept or refuse to any potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services.
You must provide your legal full name, a valid business email address, and any other information requested in order to complete the sign up process.
Payments, Refunds, Upgrading and Downgrading Terms
A valid credit card is required for paying accounts.
Subscription: ActionTrac.net subscription is an annual pay-as-you-go service. You will be billed annually up front after at the end of the 30 day free trial. You may cancel the service any time during the free trial period with no further obligation. Once the formal subscription starts (Day 31 from start of Trial) you are solely responsible for the annual subscription charges. Since we offer generous discounts for our yearly and bi-yearly plans, we offer no refunds on these plans. You may cancel the service anytime and you won't be charged again once your yearly subscription ends. You are, however, solely responsible for the charges already incurred.
No refunds will be made from ActionTrac.net on any of the Monthly, Yearly & Bi-Yearly plans.
You are responsible for whatever charges have been incurred. Due to equality policy for our customers, no exceptions will be made.
Renewals: At renewal time you will receive an email renewal request from ActionTrac.net. A renewal must be completed and paid for by the expiration of the annual plan. If the renewal is not completed by the expiration of the customer's annual plan then ActionTrac will do the following:
1) ActionTrac will send an email to the customer (to email on record)with a two week notice period that the account needs to get renewed
2) If the Customer account is not renewed within the two week notice period then ActionTrac will shut off access to the account and all customer information will be lost and not recoverable
Upgrades: For any upgrade in plans you will be invoiced immediately for the Upgrade difference once the request is received.
Contractor misalignment with the plan. If the number of Contractors/part time workers exceeds the number allowed with the Client's current subscription plan then the following will occur:
1) ActionTrac will send an email request to the customer (to the email on record) requesting they update their plan to a higher level (for exmaple from Standard to Premium).
2) Customer will have two weeks to upgrade their account from the day the email request is sent. Another follow-up email will be sent with 7 days notice.
3) If payment for the upgrade difference is not received in within the two week notice period then ActionTrac will delete the most recently added contractors to keep the Customer's subscription Plan within the maximum allowed number of Contractors.
4) ActionTrac will not archive any deleted Contractors. All information will be lost and non recoverable if the upgrade is not executed on within the two week notice period.
At renewal time Companies are free to Downgrade their Service to align for the actual number of Contractors being managed.
Cancellation and Termination
The account owner is the only person who can cancel an account. You are solely responsible for properly canceling your account. Any email/ phone/ contact request to cancel account will not be entertained. Please ensure that the cancelation requests are made only through the online control panel.
Account cancelations typically take about 2-3 business days to be processed. Once your account is canceled, all your account information will be permanently deleted. You won't be charged again after your official cancelation date.
ActionTrac.net, 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 ActionTrac.net service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account. ActionTrac.net reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
ActionTrac.net reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to subscription plan fees of the Service, are subject to change without notice from us. ActionTrac.net shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Copyright and Ownership:
ActionTrac.net or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which ActionTrac.net or its suppliers own.
ActionTrac.net claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
Your use of the Service, including any content, information, or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
You understand that the Service can be used for transmission of your Content, and that during processing, your Content may be transferred unencrypted over the internet.
You understand that ActionTrac.net uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the explicit written permission of ActionTrac.net.
You may not use the service to transmit any viruses, worms, or malicious content.
ActionTrac.net makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
ActionTrac.net, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
ActionTrac.net 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 or these Terms of Service.
The Terms of Service sets forth the entire understanding between you and ActionTrac.net as to the Service, and supersedes any prior agreements between you and ActionTrac.net (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to the "Contact Us" link on ActionTrac.net.
These Terms shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Service.