Terms of service — found from the homepage — SaleCycle

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• Version Report an error

  “VERSION 2.3 Terms and Conditions”

• Beyable entity Report an error

  ““Beyable” means Attuneo SAS, a company incorporated in France under company number 804 353 126 and trading as Beyable, together with any successor entity.”

• Governing law Report an error

  “The Contract and any dispute or claim arising out of or in connection with it (including non-contractual claims) shall be governed by and construed in accordance with the Laws of England.”

• Jurisdiction Report an error

  “The Parties agree to submit to the exclusive jurisdiction of the courts of England in relation to all matters arising out of or in connection with the Contract (including non-contractual disputes or claims).”

• Language precedence Report an error

  “Where we translated these Conditions for your ease, the English version shall prevail in the event of any dispute.”

• Invoicing period Report an error

  “After the end of each calendar month SaleCycle will deliver by email to the Client an invoice for the Fees due under the Contract for the preceding month.”

• Payment terms Report an error

  “All Fees and any other charges, costs and expenses owed by the Client to SaleCycle under this Contract are due for payment by the Client within thirty (30) days following the date of SaleCycle’s invoice, unless otherwise specified in the Order, and shall be paid by the Client in full and in cleared funds to a bank account nominated in writing by SaleCycle.”

• VAT Report an error

  “The Fees are exclusive of VAT or any equivalent tax chargeable from time to time.”

• Annual increase Report an error

  “SaleCycle reserves the right to increase the Fees on an annual basis with effect from each anniversary of the Effective Date.”

• Late interest Report an error

  “charge interest on the overdue amount accruing on a daily basis at the rate of four percent (4%) per annum above the then current base rate of Royal Bank of Scotland Plc.”

• Invoice dispute window Report an error

  “Unless the Client notifies SaleCycle in writing within fourteen (14) days following receipt of an invoice that it disputes an invoiced amount, the Client shall be deemed to have accepted the invoice.”

• Downtime commission Report an error

  “SaleCycle will invoice and the Client shall pay to SaleCycle, Fees for the duration of the Downtime calculated on a commission per acquisition basis based upon the average SaleCycle Sales activity recorded on the Website over the three calendar months immediately preceding the Downtime.”

• Order validity Report an error

  “The Order constitutes an offer by the Client to purchase Services in accordance with these Conditions and shall remain valid for a period of 40 days from the date of the Order, unless extended at the discretion of SaleCycle.”

• Auto renewal Report an error

  “After the Initial Term the Contract will automatically renew for subsequent consecutive periods (each a “Subsequent Term”) equal in length to the Initial Term indicated in the Order unless the Client provides written notice of termination no less than 90 days prior to end of the Initial Term or relevant Subsequent Term”

• Breach cure period Report an error

  “commits a material breach of the Contract and, if the breach is capable of remedy, the other Party does not remedy the breach within 30 days of receiving written notice to do so specifying the nature of the breach”

• DPA Report an error

  “The Parties agree that they will at all times comply with the provisions and obligations imposed by Law and the SaleCycle Data Processing Agreement contained at Schedule 1 which is duly incorporated into this Contract.”

• Processor role Report an error

  “the Client shall be the Data Controller and SaleCycle, together with its Group Companies and Affiliates involved in the provision of the Services, shall act as Data Processor and authorised sub-processors as applicable.”

• Processing purpose Report an error

  “SaleCycle processes data about potential and existing customers on behalf of the Client for digital remarketing purposes.”

• Data types Report an error

  “Name, telephone/mobile number, email address, browser information including IP address, salutation, opt-in status and address.”

• Data subjects Report an error

  “Prospective and existing customers of a Client’s Website.”

• Data transmission encryption Report an error

  “Data is transmitted in an encrypted format over the internet to SaleCycle’s backend servers and databases for processing which allows for the delivery of bespoke, personalized, real-time, email, SMS and WhatsApp Marketing Communications.”

• Whatsapp services Report an error

  ““WhatsApp Services” means the provision of Marketing Communications and customer engagement tools via the WhatsApp Business Platform, including but not limited to abandoned cart reminders, order updates, and promotional messaging.”

• Platform tag Report an error

  “deploy and maintain the SaleCycle tag, container and/or associated scripts, integrations and technologies required for the Services to all of its required production website pages and keep the SaleCycle tag deployed for the duration of the Term”

• Tag collection Report an error

  “Data is collected by bespoke hosted Javascript, called on every occasion a page loads.”

• Reporting analytics Report an error

  “Messages and the associated data as well as the collected data is stored in secure databases for the purposes of reporting and analytics on behalf of the Client.”

• Invoice report Report an error

  “At the request of the Client, SaleCycle will issue a report supporting the calculation of the invoice.”

• Template approval Report an error

  “SaleCycle shall obtain the Client's Approval to all communication templates that form a Marketing Communication before they are live on the Services.”

• Subcontracting Report an error

  “SaleCycle may subcontract any of its obligations under the Contract.”

• Liability cap Report an error

  “SaleCycle's aggregate liability under the Contract for all claims whether in contract, tort (including negligence), misrepresentation, for breach of statutory duty or otherwise arising under or in connection with the Contract shall not exceed the total value of the Fees paid to SaleCycle by the Client during the contract year in which the breach or breaches occurred.”

• Insurance Report an error

  “SaleCycle shall maintain professional indemnity insurance with a reputable insurer at levels appropriate for the Services and in any event not less than £5 million in the aggregate and shall, upon reasonable written request, provide evidence of such insurance coverage.”

• Ip indemnity Report an error

  “SaleCycle shall indemnify the Client in full against all liabilities, costs, expenses, damages and losses (including all direct losses, liabilities, costs and reasonable professional expenses) suffered or incurred by the Client arising out of or in connection with any claim brought against the Client for actual or alleged infringement of a third party’s Intellectual Property Rights”

• Marketing use of client materials Report an error

  “The Client agrees SaleCycle may use the Client Materials (excluding Protected Data) within Salecycle’s own marketing materials, including but not limited to external marketing publications, ebooks and blogs and on the SaleCycle websites for the promotion of SaleCycle’s services.”

• Amendment notice Report an error

  “SaleCycle may amend these Conditions from time to time. SaleCycle will provide notice of such change on their website and Platform and by continuing to use the SaleCycle services you agree to such changes.”

• Suspension for nonpayment Report an error

  “suspend forthwith and without notice the Client’s access to the Services until the relevant Fee invoice is settled in full.”

• Warranty Report an error

  “SaleCycle warrants to the Client that the Services will be provided using reasonable care and skill.”

• As is disclaimer Report an error

  “The Services and all information, Platforms and other Content (including third party information, products and content) are provided “as is” and are subject to change at any time without notice to the Client.”

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