Chameleon-i online recruitment software subscription service agreement.
BY COMPLETING AND SUBMITTING THE FORM AND/OR ACCESSING THE CHAMELEON-I ONLINE SERVICE (“CHAMELEON-I”, OR THE “SERVICE”) 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”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, PLEASE DO NOT SUBMIT THE FORM OR REQUEST A SUBSCRIPTION TO THE SERVICE.
Terms and conditions.
Chameleon-i will grant you a Free Account for a trial period of 1 month. During your trial period you can try all available features, add additional user licenses, selected partner services and modify your Blueprint template website FREE OF CHARGE. At the end of the trial period you will be contacted by a member of our team 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 associated costs.
Chameleon-i is pre-integrated with our Partner services, you will not be charged by us for the use of this integration. If you choose to purchase any of our Partner products or services they will charge you directly and offer support for said products or services.
Chameleon-i will share your registration details with our partners only so they can offer you access to their products during our trial period. Note our partners may or may not offer a trial of their products or services. You are under no obligation to take any products or services offered.
1. The Service
The Service consists of a browser interface, data encryption, data transmission, data access (as available) and, if applicable, synchronization software and data storage. 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 access charges (e.g., ISP, telecommunications) incurred while using the Service.
Chameleon-i makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Chameleon-i will inform you of any significant changes to the Service or to the terms and conditions of this Agreement that it may make from time to time.
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, if any, and solely in conjunction with this Service Agreement.
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 otherwise 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 the 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 user accessing the Service by means of a company account, if applicable, will cease to use or have access to the Chameleon-i product.
3. Restrictions and Policies
A. 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.
Chameleon-i may occasionally ask You to provide demographic or personal preference data. If You elect to provide such data, Chameleon-i may use them to analyse the characteristics of Chameleon-i customers and visitors to the Chameleon-i Web site. Chameleon-i may also use such data to customise the specific information provided to You, or tailor it to better meet Your needs. Chameleon-i may share information aggregated from such data with third parties without notifying you.
C. Data Ownership Policy. 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.
D. Data Backup and Security. Chameleon-i shall use all reasonable efforts to protect Your data behind secure firewall systems. Chameleon-i will conduct daily data backups, and store a complete daily backup of all full-system data in a separate data facility.
E. Fair Use Policy. Chameleon-i operates a Fair Use Policy in connection with data storage enabling reasonable storage in relation to the business practices of any individual client and revenue we receive for the service. We do not imposed any set storage limits and ask that You do not abuse this policy. Chameleon-i is not to be used as a repository for bulk storage from other internet sources i.e. Job boards or CV databases. Chameleon-i reserves the right to charge additional storage fees or suspend accounts if this policy is abused.
F. Cookies. When you interact with Chameleon-i our web server sends a cookie to your computer. Cookies are files that web browsers place on a computer’s hard drive and are used to tell us whether customers have used the service previously. Standing alone, cookies do not identify you personally. They merely recognize your browser.
There are two types of Cookies: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you’ve closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
Chameleon-i uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Chameleon-i to process your transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in and are required in order to use the Chameleon-i application. Chameleon-i uses persistent cookies, that only Chameleon-i can read and use, to identify the fact that you are a Chameleon-i customer or a visitor. We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users or visitors who disable their web browsers’ ability to accept cookies will be unable to use all aspects of our product and services.
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 resellers 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 interface enabling a swift 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.
Ease of use has been a major part in the development of Chameleon-i but we understand that well conducted training can be the key to effective and efficient use of the product.
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. Please select which training course you wish to attend and the date you wish to attend.
Chameleon-i delivers all free training via the internet using the latest remote working tools and cover all key elements of the product. Free training is delivered concurrently to multiple users from different agencies.
Note: Chameleon-i has a wide range of additional training packages available. Our dedicated trainers can visit your premises these sessions are charged on a per person basis. Please contact customer services for further details.
7. Bulk Email
You are responsible for all content sent via email in accordance with point 3. Restrictions and Policies A. General Use. Chameleon-i cannot and 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. Inbound Email
This is a paid for optional module with a monthly charge per user. Please refer to the order panel information tab for details on monthly fees.
What we do.
Chameleon-i will provide an email interface that will enable You to store, forward, reply to and delete inbound email(s). Chameleon-i will only receive Inbound emails from your ISP and or email provider should you subscribe to this service. You are responsible for setting up Inbound email with Your ISP and or email provider. You are responsible for ensuring that your ISP and or email provider has the ability to provide this service. Chameleon-i will store the email(s) against a matching contact automatically using the email address contained within the Inbound email to cross reference your database for a correct match, where no match is found Chameleon-i will provide the functionality to manually create a record and store the Inbound email(s) for new contacts.
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. Chameleon-i should not be seen as 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 a another location for additional safe keeping.
Inbound email support, we do not provide technical support for Inbound email in respect of identifying why emails are not delivered to Chameleon-i. We will not engage in correspondence with Your ISP and or email provider. You are responsible for said communications.
Maximum attachment file size 1mg per email, larger files may be rejected by the system for storage.
Email storage limited to 1GB per user, additional storage can be purchased for an additional fee as required.
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. Exchange Synchronisation
This is a paid for optional module with a monthly charge per user. Please refer to the order panel information tab for details on monthly fees. You must be running an exchange service to use this module.
What we do.
Chameleon-i will provide an interface that will enable You to sync your Inbox, Sent items and dairy entries in Outlook with your Chameleon-i Inbox, Sent items and diary. Chameleon-i will only sync your emails and diary should you subscribe to this service. You are responsible for setting up the service and storing the Login details to your Exchange service. You are responsible for ensuring that your Exchange provider has the ability to provide this service. 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 for a correct match, where no match is found Chameleon-i will provide the functionality to manually create a record and store the email(s) for new contacts.
Note: We are providing a Synchronisation service, a mirror of your Inbox, Sent Items and diary, if you delete emails from either Outlook 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 NO EMAIL BODY will be retained in the associated record.
What we don’t do for the avoidance of doubt.
We do not act as your ISP or Exchange provider therefore accept no liability what so ever for emails undelivered to us by said provider(s) for storage. Chameleon-i should not be seen as 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.
Synchronisation support, we do not provide technical support for Exchange email in respect of identifying why emails are not syncing with Chameleon-i. We will not engage in correspondence with Your ISP and or Exchange provider. You are responsible for said communications.
11. Provision of Contact and Billing
Information and Payment of Fees
If the terms of Your Chameleon-i Online account require You to pay for the Service, You agree to provide Chameleon-i with accurate billing information and with truthful, accurate, and complete contact information, including Your legal name, company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, Chameleon-i reserves the right to terminate Your access to the Service immediately without any obligation to return Your data. You agree to pay Chameleon-i the then applicable fees (the “Fees”) by a payment method to be determined by Chameleon-i at its sole discretion (credit card, debit card, bank transfer). Chameleon-i reserves the right to change the form of payment upon reasonable prior notice to You.
Applicable fees for use of the service and additional services are available on Chameleon-i via the Admin Tab and are clearly and individually displayed by clicking the Info Tab or by contacting Chameleon-i, or by contacting authorized third parties. Chameleon-i reserves the right to change the fees, applicable charges and usage policies and to institute new charges at any time, upon sixty (60) days prior notice to You (which will be sent by e-mail). The Fees will automatically be charged monthly in arrears on the anniversary of Your signup date (Billing Date). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
By default all accounts are to be settled by either a valid credit or debit card. We offer the facility to pay service charges by Electronic Bank transfer, Internet Banking and Cheque. If you want to settle your account by any of these methods you MUST contact us to set up this facility which is subject to status.
All invoices are due for payment immediately, however our reminder cycle allows 14 days before the account and all user licences are suspended and marked delinquent.
Whilst your account remains unpaid you will not be able to purchase additional Users or Modules. If You subscribed to the Downloadable Backups module this will be blocked/suspended until payment has been received.
For credit or debit card payments, Your account will be considered delinquent if Your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid 30 days following the billing cycle.
Unpaid charges are subject to interest of 3% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
Any account which is suspended for more than 30 days will be considered delinquent and will be terminated without any obligation on the part of Chameleon-i to maintain Your data.
If You believe Chameleon-i has billed You incorrectly, You must contact Chameleon-i immediately stating the error or problem that has occurred, in order to receive an adjustment or credit if applicable.
Bank charges, You are responsible for any charges incurred in making payment to Chameleon-i. All payments must be to the full Invoice value.
Prices are guaranteed for the period stated on the Order Form purchased by You via the Admin tab within the system. All prices and purchase options are clearly displayed individually via Your Admin tab by clicking the Info tab.
If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period. You are responsible for payments for any unused Services Ordered.
All prices are subject to VAT at the applicable rate.
13. Publicity and Marketing
By becoming a subscriber of the Service, Chameleon-i may, at its discretion, issue a press release announcing the use of the Service by You. If use of the Service performs to Your satisfaction, You agree to provide Chameleon-i with a quote from the primary decision maker and a user of the Service, as well as work with Chameleon-i to approve, and not unreasonably withhold approval for, a press release. As of the effective date of paid subscription activation, You hereby grant Chameleon-i the right to reference You, along with Your logo, on the customers section of Chameleon-i’s web site until such time as: (a) this agreement is terminated or (b) You discontinue use of the Service.
14. Passwords and Security
You will choose or be given all applicable passwords to use in connection with the Service. 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, if applicable, 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 unauthorized 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.
15. Browser and operating system policy
Chameleon-i operates in the following browsers Internet Explorer 6.2 as a minimum and Firefox running on Windows or Mac operating systems.
16. 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. You agree to comply with the Act(s) and these regulations as they affect the conduct of your business and the advertisements you place on your website and these job boards.
17. Data Protection
It is Your responsibility to apply and hold a valid Data Protection number in line with Your responsibilities as a employment agency and employment business in-line with the Data Protection Act 1998 or any local Acts. Chameleon-i is not responsible and cannot be held responsible for Your failing to comply with said Act(s).
User accounts, last one(1) calendar month from date of Service Authorization. Upon expiration or termination at the conclusion of the month, if You choose not to continue a Chameleon-i subscription, You will immediately cease all use of the Service, including the Chameleon-i product and any documentation.
This Service Agreement is a monthly agreement, renewable unless either party requests termination of the agreement by giving thirty (30) days notice. If You have purchased the Services, You will pay in full for the Service up to and including the last day of the contract term. To cancel the Service or reduce/remove modules/services provided by Chameleon-i, You must update Your account via the ADMIN tab. Chameleon-i will email you detailing the contract details and Fees due on the anniversary of your subscription date (Billing Date).
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 simply remove all data and close the account.
Upon expiration or termination, You will immediately cease all use of the Service, including the Chameleon-i product and any documentation. You are entitled to 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 export, alternatively you can subscribed to the downloadable backups module (£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 receive data. The following provisions of this Service Agreement shall survive termination or expiration of this Agreement: Section 2 (regarding Chameleon-i’s ownership), 3, 8 (regarding payment obligations), 11, 15, 16, 17 and 18. 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.
19. 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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.
20. 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.
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 recognized 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.
Revised and valid from 1st September 2013 for New Accounts.
Accounts register before the 1st September 2013 are subject to our previous terms of business a copy of which is available on request.