Terms & Conditions

Software Agrement

Terms

• You must be a person. (Accounts registered or run through automated methods are not permitted).
• You must provide your full legal name, a valid email address and any other information requested by Campaign Director Pty Ltd in order to complete the signup process and license.
• You are responsible for maintaining the security of your account login information (Username & Password) Campaign Director Pty Ltd cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
• You may not use your account for any illegal or unauthorised purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).

Account Billing, Invoicing and Refunds

• Payment is due no more than 14 days after an invoice is received. Late payments may result in account suspension and possible cancellation.
• The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• All prices on website are in Australian (AUD) unless otherwise stated.

Cancellation, Termination and Right to Monitor

• Upon cancellation of an account, payment is to be made up to the end of the billing period you are in, no refunds will be given.
• Cancelled accounts will have their data archived in a secure backup facility for 6 months. This data can be deleted or supplied within this timeframe upon customer request.
• Campaign Director Pty Ltd has no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. (Reasons could include illegal activity, uploading of virus infected files, questionable material or for general customer support)
• Campaign Director Pty Ltd reserves the right to terminate accounts (Trial and Paid) at will. Discretion will be used, and action may be taken if needed to ensure server integrity for other customers.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any Campaign Director Pty Ltd customer or employee will result in immediate account termination.

Right of Refusal

• Campaign Director Pty Ltd has the right to accept or decline trial and paid account requests (including source code applications) at will.
• Applications will not be accepted if the applicants use is contrary to Campaign Director Pty Ltd’s strategic plan, or the company in question shows any cause for concern.

Modifications to the Service and Prices

• Campaign Director Pty Ltd reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.
• Prices will be reviewed every 6 months and adjusted accordingly if needed. Campaign Director Pty Ltd reserves the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.
• Updates and upgrades to Campaign Director Pty Ltd’s products are made at quarter year intervals, or intermittently if necessary.
• 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, Campaign Director™ or any other Campaign Director Pty Ltd product.
• All licensed/downloaded Campaign Director Pty Ltd Software code (including customised code) must at all times retain the copyright statement (© Copyright 2000-20XX Campaign Director Pty Ltd. Project Management Software Powered by Campaign Director™ Licensed to: XXXX).

Service Availability and Support

• Campaign Director Pty Ltd will aim to provide a service availability of 99.9% however in the event of an outage or server access issue, Campaign Director Pty Ltd will not and cannot be held liable for data loss, but will act immediately to restore customer server access.
• While Campaign Director Pty Ltd makes all efforts to prevent any disruption to service during any update or upgrade, there may be times where Campaign Director™ is inaccessible for a period of less than 30 minutes. Updates and upgrades are scheduled to avoid peak usage times.
• Campaign Director Pty Ltd is committed to providing excellent customer service, we aim to answer most support issues within a few hours however, Campaign Director Pty Ltd makes no guarantee on the period of time before support is provided.
• In the event that urgent support is required, we will do whatever is necessary to assist. Email support is available, phone support is available 9am-5pm, Mon-Fri based on pacific time - GMT+12.

Code and Data Ownership

• Any data entered in your live account database or uploaded to the service remain yours and can be supplied if needed as a digital file upon request.
• Campaign Director Pty Ltd does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service.
• Any and all code, including the look and feel is owned by Campaign Director Pty Ltd. You may not duplicate, copy or reuse any portion of the PHP, HTML, CSS, visual design elements or code without express written permission from Campaign Director Pty Ltd.
• Campaign Director™ houses all software on our owned/rented servers. Unauthorised distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent form Campaign Director Pty Ltd.
• The Campaign Director™ code will not be accessible via FTP for subscription accounts. This is to ensure security, performance and server integrity for other customers. If server access is needed then the "dedicated server" option may be required. Contact Campaign Director Pty Ltd directly for more information.

Data Loss & Backups

• Campaign Director Pty Ltd will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.
• Whilst Backup of data is the sole responsibility of the customer through the built in backup utility, Campaign Director Pty Ltd will be responsible for ensuring multiple regular daily backups of the subscription account data and the server itself.

Privacy

• Campaign Director Pty Ltd will at all times be committed to ensuring privacy of information. Any information submitted by the customer will only be used by Campaign Director Pty Ltd in the manner intended by the customer or by the terms of this agreement.
• We will never distribute your information to third parties, and all Campaign Director Pty Ltd staff are under extensive confidentiality and non-disclosure agreements.
• While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.
• For credit card related privacy information see the Privacy Policy.

Licensing

• Campaign Director Pty Ltd distributes all commercial software under a commercial license agreement.
• Demo sessions and trials of Campaign Director™ products are archived the month after creation and deleted the following month. After that period if you would like to use the software legally, you must purchase a license for the product or sign up for a subscription account.
• A ‘per user’ license allows that purchaser to operate the software. Licenses can be transferred to other parties (if person is replaced within the company), this applies to both general software licenses and upgrades.
• Upgrade packages are only applicable to the company who purchased the original software.
• Sharing, redistribution or simultaneous use of licenses is prohibited.
• Whilst Source Code may be modified by yourself or a developer for use by the single owner, the code may not be resold, duplicated for multiple uses, or rebuilt to be resold in any way, shape or form.

Warranty

• Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Campaign Director Pty Ltd does not warrant that:
  • The service will meet your specific requirements
  • The service will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the user of the service will be accurate or reliable
• You expressly understand and agree that Campaign Director Pty Ltd shall not be liable for any 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 Campaign Director Pty Ltd has been advised of the possibility of such damages), resulting from:
  • The use or inability to use the service
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
  • Unauthorised access to or alteration of your transmissions of data
  • Statements or conduct of any third party on or involved in providing the service
  • Any other matter relating to the service.

Restricted Content

• Unsolicited email, SMS’s, or “Spam” messages.
• Worms, viruses or code of a destructive nature.
• Questionable or Illegal material. (Including copyrighted material)

Server Location & Information

Head Office Location