Acttoday.com.au (the “Site”) is an online service owned and operated by Act Today (ABN  24 648 919 779).
By using the Act Today online Site, you are agreeing to be bound by the following terms and conditions.  Act Today may amend the terms and conditions of this agreement at any time.

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: Except where indicated otherwise, all sales on this website are charged in Australian Dollars and include 10% Goods and Services Tax (GST); and orders placed on www.acttoday.co.nz are in New Zealand dollars and include 15% Goods and Services Tax (GST).
4. Technical Support Act! Subscriptions include limited technical support provided by Act! (USA) via e-mail and online articles during USA business hours. See Act! Scope of support services. Act Today (AU/NZ) provides support as a fee-based service during AU/NZ business hours.
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.
6. Disclaimer Customers who wish to install and set up 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.

Act! Subscription Billing Policy

1. Payment, Term and Renewal Subscriptions renew on the anniversary date of your initial purchase. You are responsible for getting any assistance you need to make full use of the software. If you are waiting on a consultant, please contact our operations team to help you follow up. Act! does not credit any portion of a subscription or extend a subscription due to a customer being temporarily unable to use one or more functions which could have been resolved with assistance, or where caused by a third party, such as Microsoft automatic updates. You are responsible for keeping your payment information current. Declined payments or other failures to make payment will result in cancellation of your service. Act! will periodically change their pricing, which will apply at your next renewal after Act! post the change on their web site or otherwise notify you. They may also change the functionality of their products and services without notice, although most changes are posted on their web site.
2. 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.
3. Additional Activations Act! Premium subscriptions and Act! Cloud Desktop Sync subscriptions include the activation of one computer (eg. desktop, laptop or server) per licence. Extra activations (eg. a server or extra workstation) can be purchased at extra cost without the need to purchase extra user licences.
4. Act! Perpetual License Purchases There are no cancellations or refunds for purchases of Act! perpetual licenses, unless otherwise stated in your applicable agreement or as mandated by statute, regulation, or law.
5. Cancellation To prevent renewal, your subscription must be cancelled before your renewal date. To cancel your subscription, please notify our office in writing via  (not your Act! consultant). Optionally, you can also discuss further via AU 1300 362 046 / NZ 0800 443 163 / INT +61 2 9431 2222. 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 or a hosted database, please download your backup within 7 days, and let us know if you need assistance before the data is removed from the cloud servers. Renewal notices will specify a renewal date that is 7-15 days prior to the start of the next annual subscription term to allow for the time required to process the renewal (and allowing for office holiday closures). Failure to pay by this renewal date may result in cancellation or temporary suspension of access to the software. Direct debit is available for your convenience. Reinstating an Act! subscription after cancellation requires purchasing a new subscription at current pricing with the loss of any previous discounts and the loss of any marketing data (eg. campaigns, templates, opt-outs, bounces, etc.). Reinstating hosting after cancellation requires setup fees determined by the complexity of your customisation.
6. See www.act.com/legal/billing-policy and www.act.com/legal/terms-of-service for full details.

Email Subscription

1. 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.

Consulting

1. 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.
2. 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 endeavour to advise the customer of any significant issues where applicable. The travel costs and minimum time chargeable for on-site work depends on your location and is payable prior to booking. Please ask your consultant for a quotation. The minimum time chargeable for remote login support or off-site work is 30 minutes per session.
3. 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 computers meet the minimum system requirements required by Act! in your particular environment. Networks should be installed and maintained by suitably qualified personnel. Act Today accepts no responsibility for delays or inability of the software to function due to inadequate hardware.

1. 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.
2. 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.
3. Change of Mind; Should you change your mind after consulting has been completed there are no refunds for consulting services provided.

Support Services

PAYG Support

Pay As You Go (PAYG) Support is billed to the customer's credit card in 15-minute increments, minimum 30 minutes per session. In purchasing a PAYG Support service, the customer agrees that any further services provided after the initial 30 minutes will be charged to their credit card. 

Maintenance Plan

Maintenance Plans include one installation of Act! on one computer per user per year to help customers take advantage of the latest version of Act! at all times, as well as untimed assistance to resolve any errors in that installation, via remote assistance (screen sharing), at no extra cost, for up to one year. A separate fee applies for help with servers or extra computers, add-on products, customisation, training & consulting; or to repair/upgrade an installation not performed by Act Today. Prices on request. Support Plans & single Support Sessions available for assistance not covered by the maintenance plan. Fair use policy: The intention of this plan is to help customers take advantage of the latest Act! version, error-free, without unexpected costs, however this is not guaranteed. Every computer is a unique combination of hardware, software, versions, data, usage, power supply & Internet connectivity; and customer usage & expectations vary; and therefore the Act! application may perform differently, or require a future fix from Act! LLC (USA), or a change in configuration or usage, or in some cases an add-on product (at extra cost), in order to meet the customer's expectations. Sometimes a customer will need to follow some instructions to avoid or resolve an issue. Maintenance is not a substitute for appropriate implementation & training. Whether or not a particular error resolution qualifies for untimed assistance will be at the sole discretion of Act Today, with a full explanation of the decision on request.

Support Plans

1. 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 depending 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)
2. 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.
3. Local Support All support is provided by Act! certified consultants located in Australia or New Zealand. We do not outsource support to overseas technicians.
4. 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.
5. Cost Per Site Support Plans are per site and are not dependent on the number of Act! users.
6. AddOn Support Support for Act! AddOns is only provided when the AddOn has been supplied and installed by Act Today.
7. 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 (15-minute increments, minimum 30 minutes per session).
8. 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.

Upgrading Act!

1. We strongly advise that you have at least one reliable backup of all your data prior to upgrading your Act! database.
2. To get the best conversion results, it would be prudent to have your existing database checked and cleaned prior to conversion and we strongly suggest you organise your Act Today consultant to assist in this process.
3. Act! cannot convert backwards, so if you have issues with data not converting as expected, it is a difficult and time-intensive process to redo the conversion and consolidate the data.
4. Any custom programming created for your current version or AddOn software may require upgrading which will incur additional charges. Please contact your vendor to confirm compatibility.

Data Hosting

Service Provisions

1. Act Today may amend the terms and conditions of this agreement at any time by giving one month’s notice of the change.
2. The agreement commences on the date of application and continues until terminated in accordance with the provisions in this agreement. This agreement constitutes the entire agreement between the parties and excludes all oral or implied terms unless such terms are agreed between the parties in writing.
3. Accessing an Act! database online via a hosted service has some functional limitations compared to a Windows environment. By agreeing to these terms and conditions, the customer accepts these limitations. 
4. Act Today disclaims warranty of suitability of the Act! Hosted solution for a particular purpose. It is the customer’s role to determine if Act! Hosting is the best option. There are several hosting plans available to meet specific business requirements. Plans can be adjusted ongoing to support expanding HDD size, memory and even moving to a single standalone server.
5. The Hosting Plans do not include Act! version upgrades, database setup, data import/export, customisation, training and/or additional consulting services. These services are quoted separately as required.
6. The hosting service features, levels of storage space and permitted traffic depend upon the customer’s services and terms. Act! databases are hosted in a highly secure data centre with a 99.9% network uptime. Every effort is made to ensure that the hosting provided by Act Today is of the highest possible reliability.
7. Nightly backups are automatically performed and stored for 14 consecutive days. Restores of the system can be performed within approximately two hours during business hours Eastern Daylight Savings Time (EDST). Additional backup options are available on request at an additional cost. Act Today will make reasonable endeavours to restore data from backups within the 14-day cycle if a customer suffers data loss. Service fees apply to recovery services @ $60 per 15 minutes plus GST. Act Today does not guarantee and is not liable for customer data recovery outside the 14 day period.
8. Maintenance of server hardware and software occurs periodically. To minimise interruptions, maintenance is scheduled during low access times or weekends. Where possible, email notifications are sent to notify customers of maintenance where an impact on services may be expected.
9. The customer will advise Act Today in a timely manner if they have reason to believe that their service is being used contrary to this agreement.
10. Hosting does not include Act! licensing/subscription. Customers must have a current Act! license/subscription to use hosting.
11. Obsolesence: Customers may commence hosting on the current version of Act! Premium, which after a number of years, may no longer be supported by Act!, and at that time the customer's solution may need to be migrated to a new server, with the current version of Act! Premium. A fee of $120+GST applies to move a database to a new server. A customer may choose to move to a new server only when mandatory (usually every 3 years), or more often, such as when any particular Act! version is released that makes the move worthwhile. Updates may also be required on the customer's own computer(s) to suit the new Act! version, such as updating an Outlook plugin, which the customer may choose to complete on their own, or engage our consultants to complete for an additional fee. See https://act.com/obsolescence-policy/

Payment

1. Payment for the account setup and first three (3) or twelve (12) months hosting service is to be made prior to the customer’s database being accessible. This payment is non-refundable.
2. Ongoing payment for the hosted account is to be made on the 21st of the month prior to the start of each 3-month or 12-month term, except when a term starts in January, in which case, this is to be paid by the 16th of December prior. The customer authorises Act Today to charge the credit card on record on a set date prior to the expiration of the current term. It is the customer’s responsibility to ensure that Act Today have accurate contact details and the service is paid on time.
3. A hosting account may be suspended if not paid as per clause 2 above unless otherwise agreed in advance by Act Today in writing. In the suspended state, all data linked with the account will remain on the system however the account holders will not be able to access their data.
4. Where a hosting account remains in arrears 7 days after the due date in clause 2 above, the account may be cancelled, and the data and/or server deleted.
5. Act Today makes non-refundable payments to the data centre and support staff for this service, and therefore your payment for the initial period and any additional setup or customisation costs are non-refundable, and payments for any subsequent periods are non-refundable.
6. On termination of the hosting service, the database will be backed up in a standard Act! backup which will be held by Act Today and released to the customer on settlement of any outstanding payments.

Termination of the Agreement

1. Act Today believes in providing a high standard of services. If you have any issues with our services please contact us.
2. The customer may cancel the hosting service agreement no later than the 21st of the month prior to the start of each 3-month or 12-month term, except when a term starts in January, in which case, this is to be paid by the 16th of December prior. For security reasons, please notify our office in writing via  (not your Act! consultant) of cancellation of hosting, including authorisation of the account owner. Optionally, you can also discuss further via AU 1300 362 046 / NZ 0800 443 163 / INT +61 2 9431 2222.
3. Act Today reserves the right to immediate suspension or termination of service of a customer who attempts to interfere with the running of Act Today’s service provision, or considered by Act Today to be the source of any violation of this agreement.

Indemnification and Liability

1. While Act Today endeavours to maximise the service reliability and availability, Act Today is not responsible or liable for any interruption, delay, degradation, or outage of service, nor for any damages suffered by the customer. Act Today does not accept any liability for any loss, or other commercial damage including, but not limited to incidental, consequential and other damages to the maximum permissible by law.

Training

1. Registration To register for a course, a candidate must either book online through the Act Today website. 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.
2. Enrolment Confirmation Registration for a course will be confirmed upon receipt of a completed registration form and payment.
3. 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 (2% surcharge) by contacting the office on 02 9431 2222.
4. 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.
5. 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.
6. Pre-Requisites It is the responsibility of the candidate to ensure that they meet the specified course pre-requisites.
7. 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.
8. 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.
9. 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.
10. 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.

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.