Terms + Conditions 2018-07-02T08:55:56+00:00

Chameleon-i online recruitment software Terms and Conditions

By completing and submitting the form and/or accessing the Chameleon-i online service (“Chameleon-i”, or the “service”) on a 30-day trial or Paid for account, you represent that you are over the age of 18 to register for the service (if you are using the service as an individual). If you are signing up your company to use the service, you represent that you have complete authority to enter into this agreement on behalf of your company. If you are entering into this agreement on behalf of your company, the term “you” in this agreement means your company and all of its employees. Either as an individual or on behalf of your company, you are agreeing to all the terms of this subscription service agreement (the “service agreement” or “this agreement”), our Terms and Conditions, our Data Processing Addendum, our Privacy Policy, our Fair Usage Policy and Authorised subcontractor’s documentation.

Note: New clients can sign up for a 30-day trial. During your trial period you can try all available features, add additional user licenses, selected partner services FREE OF CHARGE.

At the end of the trial period a member of our team will contact you to see if you wish to continue to use Chameleon-i as a PAID for service.

You are under no obligation to continue using Chameleon-i after the trial period. If you continue to use our service after your trial period, we will set a Live Billing date and confirm your selected services and monthly charges.

Chameleon-i is pre-integrated with our Partner services, you will not be charged by us for these. Our partners may or may not offer a trial of their products or services. If you purchase any of our partners products or services, they will charge and offer support directly to you.

1. The Service
The Service consists of a browser interface, data encryption, data transmission, data access, data storage and, if applicable, synchronization software.

As used in this Agreement the terms “You” and “Yours” encompasses each user accessing the Service by means of a valid account established by You including, if you are a corporation, all employees of Your corporation.

You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party charges incurred while using the Service.

Chameleon-i makes no guarantees as to the continuous availability of the Service or of any specific feature(s). Chameleon-i will inform you of any significant changes to the Service or to the terms and conditions of this Agreement.

2. Use of Chameleon-i
Chameleon-i grants to You subject to the terms and conditions of this Service Agreement, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use Chameleon-i, in object code form only, and only in accordance with the applicable end user documentation and in conjunction with this Service Agreement, our Data Processing Addendum, our Privacy Policy, our Fair Usage Policy and Authorised subcontractor’s documentation.

Neither You and if You are a company, none of Your employees will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Chameleon-i product; modify, translate, or create derivative works based on the Chameleon-i product; or rent, lease, distribute, sell, resell, assign, or transfer rights to the Chameleon-i product; use the Chameleon-i product for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the Chameleon-i products. Because Chameleon-i is proprietary, You agree not to publish or disclose to third parties any evaluation of Chameleon-i’s Software without Chameleon-i’s prior written consent. You acknowledge that Chameleon-i retains exclusive ownership throughout the world of all Chameleon-i products, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate, and You, and any users accessing the Service by means of a company account, will cease to use or have access to the Chameleon-i product.

Data Ownership. All data uploaded and stored within Chameleon-i is legally owned by You. Chameleon-i will not under any circumstances contact, share, rent, sell, or trade any stored data to any other third party unless required to do so by Law.

3. Restrictions and Policies
General Use. You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify, and hold Chameleon-i blameless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.

4. Support
Chameleon-i, or its designee(s), shall provide e-mail and or ‘Live Support’ between 9:00am and 6:00pm Monday-Friday (GMT), except on public holidays, but has no obligation to provide You with hard-copy documentation, upgrades, enhancements, modifications, or other support unless specifically contracted for. Support hours provided by Chameleon-i re-sellers are pursuant to their normal business hours, which may differ from those of Chameleon-i’s or Chameleon-i’s designees.

5. Data Import
Chameleon-i provides a bulk import facility enabling a free self-service import facility for your data. You are responsible for the loading of Your data, its quality and integrity. Any expertise required to correct errors in data entry will attract charges to correct these at our standard rates. Chameleon-i does not as part of this agreement provide a managed data import or data migration service as standard. Chameleon-i can provide a paid for data import or data migration service for further information and to obtain costs please contact our technical support team.

6. Training
Chameleon-i provides free on-line induction training to all users. You are responsible for booking training and this can be done via our website.Chameleon-i delivers all Free training via the internet using the remote working tools and we cover all key elements of the product. Free training is delivered concurrently to multiple users from different agencies.

Note: Paid for training is available on request. Please contact our customer services for further details.

7. Bulk Email and Marketing
You are responsible for all content sent via email in accordance with point 3. Restrictions and Policies. General Use. Chameleon-i will not be held responsible for any issues, complaints or blacklisting that a rise from using this functionality or any abuse of the system.

8. Microsoft Exchange, Google Mail Synchronisation, Inbound Email
These are paid for services with an additional monthly charge per user. For monthly charges please refer our website or module information within the Admin section of Chameleon-i.

What we do.
Chameleon-i provides an email interface that enables You to store, forward, reply to email(s). Chameleon-i will store the email(s) against a matching contact automatically using the email address contained within the email to cross reference your database, where no match is found Chameleon-i will provide the functionality to manually create a record and store the email(s) for new contacts.

Chameleon-i will only receive and synchronise emails from either your ISP and or email provider should you subscribe to one of these services. You are responsible for setting up these up with Your ISP and or email provider and storing the associated login details in Chameleon-i. You are responsible for ensuring that your ISP and or email provider can provide this service.

What we don’t do for the avoidance of doubt.
We do not act as your ISP or email provider therefore accept no liability what so ever for emails undelivered to us by said provider(s) for storage.

Note: We are providing a Synchronisation service, a mirror of your Inbox, Sent Items, and diary, if you delete emails from either Outlook, Google Mail or Chameleon-i they will be removed from both and you will no longer be able to see the email. Chameleon-i will continue to record the fact that there was an email communication received or sent within the record but for the Synchronisation services NO ATTACHMENTS will be retained in the associated record unless you have manually saved them to the record.

Note: Chameleon-i should not be your only email storage facility for business emails. It is good business practice to make provision for backups of your email to be stored at another location for additional safe keeping.

We will not engage in correspondence with Your ISP and or Exchange provider. You are responsible for said communications.

9. Chameleon-i Mobile Service
We provide this service free of charge. Chameleon-i provides the Chameleon-i mobile service on an access only basis. We do not record your users use of this feature or record as activity notes within the contacts record any telephone calls made or texts or emails sent from the users phone.

10. Provision of Contact and Billing
Information and Payment of Fees
The terms of Your Chameleon-i account require You to pay for the Service once the trial period has expired and you have chosen to continue with the service.You agree to provide Chameleon-i with accurate billing information including Your legal name, company name, address, e-mail address, and telephone number, and to update this information if it changes. If the contact information You provide is false or fraudulent, Chameleon-i reserves the right to terminate Your access to the Service immediately.

Fees for use of the service and additional services are available on Chameleon-i via the Admin Tab and on our website.

Chameleon-i reserves the right to change the fees, and to institute new charges at any time, upon sixty (60) days prior notice to You. This communication will be sent by e-mail to registered Administrators.

Fees are automatically charged monthly in arrears on the anniversary of Your signup date (Live Billing Date). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.

All accounts are to be settled by Direct Debit for UK clients, International clients can pay by a valid credit or debit card or International Electronic bank transfer.

All invoices are due for payment immediately, however our reminder cycle allows 14 days before the account and all user licences are suspended.

Whilst your invoice remains unpaid you will not be able amend your account or purchase/delete Users accounts or Modules. If You subscribed to the Downloadable Backups module this will be suspended until payment has been received.

Any account which is suspended for more than 90 days will be considered delinquent and will be terminated without any obligation on the part of Chameleon-i to maintain or retain Your data.

If You believe Chameleon-i has billed You incorrectly, You must contact Chameleon-i accounts department immediately stating the error or problem that has occurred, in order to receive an adjustment or credit if applicable.

You are responsible for any charges incurred when making payments to Chameleon-i. All payments must be for the full Invoice value including any bank charges.

All prices are subject to VAT at the applicable rate.

11. Passwords and Security
You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session. You shall notify Chameleon-i immediately of any unauthorised use of Your account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You) or any other breach of security. Chameleon-i cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

12. Browser and operating system policy
Chameleon-i operates in the following browsers Google Chrome and Firefox running on Windows or Mac operating systems.

Chameleon-i requires users to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in your browser.

Please refer to our Privacy Policy for more information on cookies.

13. Job posting
Employment agencies and employment businesses
If you are operating as a employment agency or an employment business (as defined by the Employment Agencies Act 1973 (‘the Act’) it is your responsibility to ensure that advertisements you place via Chameleon-i to your website or any third party job boards comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2004 and or any local Acts that apply.

14. Termination
This Service Agreement is a monthly agreement, renewable unless either party requests termination of the agreement by giving thirty (30) days’ notice. You will pay in full for the Service up to and including the last day of the contract term and notice period. To cancel the Service, You must contact us and confirm your request by email.

Chameleon-i will delete archived data but will not do so until ninety (90) days after the termination of this Agreement.

Chameleon-i will not communicate this and will remove all data and close the account.

Upon termination, You will immediately cease all use of the Service, including the Chameleon-i product and any documentation.

You can retrieve a back-up of Your data, subject to Your then current monthly fees being paid, for a set charge of £2000.00 for a full structured SQL export, or you can purchase the downloadable backups module for £20.00pcm which will enable you to download a ‘raw’ copy of your data manually in CSV format. Fresh back-ups are made available to download every Monday.

Delinquent accounts must be brought to good standing in order to retrieve data. The following provisions of this Service Agreement shall survive termination or expiration of this Agreement: Section 2 (regarding Chameleon-i’s ownership), 10, 15, 16 and 17. Termination is not an exclusive remedy and all other remedies will be available whether or not the license granted herein is terminated. Notwithstanding the foregoing, if You are dissatisfied with the Service, the materials available on or through the Service, or with any of Chameleon-i’s terms and conditions, Your sole and exclusive remedy is to discontinue using the Service.

15. Warranty and Disclaimer
The service is provided “as is” without warranty of any kind, and Chameleon-i disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose and non infringement. Some countries do not allow limitations on implied warranties, so the above limitation may not apply to you. Chameleon-i does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the service is done at your risk and you will be solely responsible for any damage to your computer system or network, or loss of data that results from use of the service.

16. Limitation of Liability
Chameleon-i’s total liability with respect to the subject matter of this service agreement (including, but not limited to, liability arising out of contract, tort, strict liability, breach of warranty or otherwise), will be limited to the fees paid by you to Chameleon-i for the service under this service agreement in the 12 months prior to the act of injury that gave rise to the liability. Neither Chameleon-i nor its licensors shall be liable in any event for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental, or consequential damages (including, without limitation, the cost of any substitute procurement), whether or not foreseeable and even if Chameleon-i has been advised of the possibility of such damages.

17. Miscellaneous
This Agreement is between Chameleon-i and You and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by You except with Chameleon-i’s prior written consent. This agreement will be governed by and construed in accordance with English law. You and Chameleon-i agree to submit to the exclusive jurisdiction of the courts located in England. You and Chameleon-i agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Chameleon-i in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly served, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

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