Welcome to 4Protech. We’re glad you’re here, and we hope you enjoy everything we have to offer.
Please read these Terms carefully because they are a binding agreement between You and 4Protech.com, JM Limited Co., (“4Protech” or “We”).
These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.
Please note that we offer many services. Your use of 4Protech products or services are provided by 4Protech pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.
By registering to use the Service You acknowledge that You have read, understood and agreed to these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
|Agreement||means these Terms of Service.|
|Account||the primary means for accessing and using the 4Protech Services, subject to payment of a Fee designated in the selected Plan;|
|Add-on||means an additional, activated service that enhances the 4Protech platform.|
|Confidential Information||includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.|
|Client||means the Subscriber, a natural or legal person who has accepted these Terms with the Supplier;|
|Fee||means a monetary fee for Your use of and access to the Service, based on your level of usage or pricing plan, plus any additional costs associated with overages or add-ons activated within the 4Protech service, payable by You, in accordance with the fee schedule set out on the Website or within Your 4Protech service.|
|Free Trial||temporary access for the purposes of trying out the Web Site and 4Protech services in accordance with any selected Plan without paying a Fee|
|Intellectual Property Right||means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered|
|Insurance and Bonding||Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While we do not verify this information, Pros are required to warrant that the information they submit is complete, accurate and current.|
|Invited User||means any person or entity, other than You, that uses the Service with Your authorization from time to time.|
|Licenses||Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Pros are required to warrant that the information they submit is complete, accurate and current.|
|Service||means the online job management and ancillary services made available (as may be changed or updated from time to time by 4Protech) via 4Protech.|
|Subscriber||means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.|
|Website||means the Internet site at the domain www.4Protech.com or any other site operated by 4Protech.|
4Protech grants You the right to access and use the Service via the Website. These Terms are applicable during Your free trial and during Your subscription to the Service(s) through a Service Plan of Your choice.
Your Account Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. Without prejudice to Our obligations of these Terms, You are solely responsible for the confidentiality of Service Data and User Login at Your end. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. Group Companies will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
4Protech will continue invoicing You in accordance with your pricing plan and service usage until this Agreement is terminated.
In select agreements, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments after your first subscription. To cancel your service and request a refund, please email us at firstname.lastname@example.org
A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by 4Protech, in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, 4Protech has the right to permanently delete the Account, including all Client Data therein.
You must only use the Service for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by 4Protech or condition posted on the Website. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against 4Protech’s application programming interface. Any such limitations will be advised.
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. 4Protech is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, 4Protech does reserve the right to remove any communication at any time in its sole discretion.FOR USE OF PHONE SERVICE/SUPPORT IN 4Protech
If You use the phone service as part of 4Protech or Phone.com, You understand and agree that (a) unless You choose to turn off the recording feature, all calls made using the phone service are recorded; (b) the phone service is not intended to support or carry emergency calls to any emergency services such as public safety answering points, (c) We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Users) inability to use the phone service to make such emergency calls, (d) You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to telephone recording and wiretapping laws, and (e) You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if (i) Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated; and/or (ii) You violate these Terms. In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify email@example.com. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Users to the Processing of Service Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service.
If You use 4Procaller, please note that upon a request for deletion of a contact, information such as name of the contact, call recordings of that contact and any notes pertaining to such call recordings shall be deleted. However, information such as logs containing actual numbers making and receiving the calls may be retained for audit, fraud and reporting purposes in accordance with applicable law.
The Service may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
You indemnify 4Protech and hold harmless against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to 4Protech, including (but not limited to) any costs relating to the recovery of any Usage Fees that are due but have not been paid by You.
4Protech has a strict anti-spam policy. Our SMS messaging services and email services must only be used in accordance with the Spam Act of 2003. We do not allow sending unsolicited SMS or email messages. You must have consent to send SMS messages to each recipient before sending an SMS message to them, in accordance with the Spam Act. Any marketing messages must give the recipient the option to opt-out of further marketing messages.
All information disclosed by You to Us or by Us to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of 4Protech (or its licensors).
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services. You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
4Protech gives no warranty about the Services. Without limiting the foregoing, 4Protech does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
THE SERVICES ENTITIES SHALL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, LOST DATA, COMPUTER FAILURE, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES PAID BY YOU, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SERVICE(S) IN ACCORDANCE WITH SECTION 1, WE HAVE LIMITED OUR POTENTIAL LIABILITY AND ALLOCATED RISKS BASED ON THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.
The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take-action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future). If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the Termination clause.
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.
You can evaluate the Services under a Free Trial, in accordance with this Agreement and the limitations of the trial, with no obligation to continue to use the Services.
These Terms will continue while You continue to use the Service, provided You continue to pay the prescribed Usage Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Usage Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
These Terms shall be governed by the laws of the State of Georgia without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Georgia, Gwinnett County, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Atlanta, Georgia before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
FEDERAL GOVERNMENT END USE PROVISIONS The Service(s) and other Software or components of the Service(s) which We may provide or make available to You or Users may be subject to U.S. (or other territories) export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service(s), Software and such other components by You and Users. You shall not access or use the Service(s) if You are located in any jurisdiction in which the provision of the Service(s), Software or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service(s) to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use the Service(s) in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, this Service(s) is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service(s) is licensed to You with only those rights as provided under the terms and conditions of these Terms.
4Protech may take any or all of the following actions, at its sole discretion:
For the avoidance of doubt, if payment of any invoice for Usage Fees due in relation to the Service is not made in full by the relevant due date, 4Protech may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting 4Protech. If You still need technical help, please check the support provided online by 4Protech on the Website or filing support ticket at: support@4Protech.com
4Protech intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason 4Protech has to interrupt the Services for longer periods than 4Protech would normally expect, 4Protech will use reasonable endeavors to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without 4Protech's prior written consent.
You acknowledge that 4Protech does not have any feature to export Service Data upon termination of Your 4Protech Account. If you wish to permanently delete Service Data upon termination of Your 4Protech Account, You can write to support@4Protech.com.
If You use the advanced email editor feature within 4Protech (“Email Feature”), the following shall apply to You:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to 4Protech must be sent to support@4Protech.com or to any other email address notified by email to You by 4Protech. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Modification of an existing functionality or release of a new functionality. You acknowledge that when an existing functionality is modified or a new functionality is released within the Organization feature, You may be shown additional terms governing such modified or new functionality. Your continued usage of such modified or new functionality may be relied upon by Us as Your acceptance of such additional terms.