This page sets out the terms and conditions on which, Quickly provides access to the website https://quicklyservices.com and any Quickly mobile application. Please read these Terms and Conditions carefully before registering to the Website. To use the Website (whether now or in the future), you agree to be bound by these Terms and conditions.
For the avoidance of doubt, please note that references to "Website" in these terms include any current or future version of the Quickly website https://quicklyservices.com and any Quickly mobile application through which access and use the website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, android mobile application, affiliate website or related website for accessing and using the Quickly website that may be developed from time to time).
This agreement is made and entered into by and between Quickly and the entity or person agreeing to these terms ("Customer"). This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of a Customer, you represent and warrant that:
(i) You have full legal authority to bind Customer to this Agreement;
(ii) You have read and understand this Agreement; and
(iii) You agree, on behalf of a Customer, to this Agreement.
If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service. For an offline variant of this Agreement, you may contact Quickly for more information.
1. Provision of the Services.
1.1 Services Use - Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate third party services with the application and portal. Customer may not sublicense or transfer these rights except as permitted.
1.2 Portal - Quickly will provide the Services to Customer. As part of receiving the Services, Customer will have access to the merchant portal, through which Customer may administer the Services.
1.3 Facilities - All facilities used to store and process Application and Customer Data, will adhere to reasonable security standards no less protective than the security standards at facilities where Quickly processes and stores its own information of a similar type. Quickly has implemented at least industry standard systems and procedures to:
(i) Ensure the security and confidentiality of the Application and Customer Data,
(ii) Protect against anticipated threats or hazards to the security or integrity of the Application and Customer Data, and
(iii) Protect against unauthorized access to or use of the Application and Customer Data.
1.4 Accounts - Each Customer must have an Account to use the Services, and is responsible for the information they provides to create the Account, the security of passwords for the Account, and for any use of their Account. If Customer becomes aware of any unauthorized use of their Account and Password, Customer will notify Quickly as promptly as possible. Quickly has no obligation to provide Customer multiple Accounts.
1.5 New Applications and Services - Quickly may:
(i) Make new applications, tools, features or functionalities available from time to time through the Services, and
(ii)Add new services to the "Services" definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer's agreement to additional terms.
1.6 Modifications -
a. To the Services: Quickly may make commercially reasonable updates to the Services from time to time. If Quickly makes a material change to the Services, Quickly will inform Customer, provided that Customer has subscribed with Quickly to be informed about such changes.
b. To the Agreement: Quickly may make changes to this Agreement, including pricing (and any linked documents) from time to time. Unless otherwise noted by Quickly, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case, they will be effective immediately. Quickly will provide at least 90 days of advance notice for materially adverse changes to any SLAs by either:
(i) Sending an email to Customer's primary point of contact;
(ii) Posting a notice in the merchant portal; or
(iii) Posting a notice to the applicable site webpage.
If Customer does not agree to the revised Agreement, please stop using the Services immediately. Quickly will post any modification to this Agreement to the Terms URL.
c. To the Data Processing and Security Terms - Quickly may only change the Data Processing and Security Terms where such changes are required to comply with applicable law, applicable regulation, court order, or guidance issued by a governmental regulator or agency, where such changes are expressly permitted by the Data Processing and Security Terms, or where such changes::
(i) Are commercially reasonable;
(ii) Do not result in a degradation of the overall security of the Services;
(iii) Do not expand the scope of or remove any restrictions on Quickly's processing of Customer business data; and
(iv) Do not otherwise have a material adverse impact on Customer's rights under the Data Processing and Security Terms.
If Quickly makes a material change to the Data Processing and Security Terms in accordance with this Section, Quickly will post the modification to the URL containing those terms.
2. Payment Terms.
2.1 Trial Period - Quickly services are provided to Customers without charge up to 14 days from the day of signing up.
2.2 Billing - At the end of the applicable Fee Accrual Period, which is generally end of the month, Quickly will issue an electronic bill to Customer for all charges accrued excluding the trial period based on:
(i) Customer's use of the Services during the previous Fee Accrual Period (including, if any, the relevant Fee for additional app users);
(ii) Any rented item’s rental fees; and/or
(iii) Any other package purchased.
For use above the trial period, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Quickly will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Quickly agrees), all Fees are due as set forth in the invoice. Customer's obligation to pay all Fees is non-cancellable. Quickly Services measurement of Customer's use of the Services is final. Quickly has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Quickly.
2.3 Taxes - (a) Customer is responsible for any Taxes, and Customer will pay Quickly for the Services without any reduction for Taxes. If Quickly is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Quickly with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some countries the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Quickly, Customer must provide Quickly with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Quickly, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Quickly will receive payments for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
(b) If required under applicable law, Customer will provide Quickly with the applicable tax identification information that Quickly may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Quickly for) any taxes, interests, penalties, or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds - Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Quickly, Quickly will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Quickly will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Quickly and will only be in the form of credit for the Services. Nothing in this Agreement obligates Quickly to extend credit to any party.
2.5 Delinquent Payments; Suspension - Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Quickly in collecting such delinquent amounts. If Customer is late on payment for the Services, Quickly may Suspend the Services or terminate the Agreement for breach.
2.6 No Purchase Order Number Required - For clarity, Customer is obligated to pay all applicable Fees without any requirement for Quickly to provide a purchase order number on Quickly's invoice (or otherwise).
3. Customer Obligations.
3.1 Compliance - Customer is solely responsible for its Applications, Projects, and Customer Data and for making sure its Applications, Projects, and Customer Data comply with the AUP. Quickly reserves the right to review the Applications, Projects, and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer's obligations under the AUP, the Service Specific Terms, and the restrictions could be found in Sections 3.3 and 3.5 below.
3.2 Privacy - Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement.
3.3 Restrictions - Customer and any third parties under their control will not do the following:
(a) Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 3.4 below and except to the extent such restriction is expressly prohibited by applicable law);
(b) Use the Services for High Risk Activities;
(c) Sublicense, resell, or distribute any or all of the Services separate from any integrated Application;
(d) Create multiple Applications, Accounts, or Projects to simulate or act as a single Application, Account, or Project (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees or exceed usage limits or quotas;
(e) Unless otherwise set forth in the Service Specific Terms, use the Services to operate or enable any telecommunication services or in connection with any Application that allows Customer End Users to place calls or to receive calls from any public switched telephone network; or
(f) Process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
3.4 Third Party Components - Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer's use of that third party component.
3.5 Documentation - Quickly may provide Documentation for Customer's use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.
3.6 Copyright Policy - Quickly provides information to help copyright holders managing their intellectual property online, but Quickly cannot determine whether something is being used legally or not without their input. Quickly responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular, the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customers’ or Customer End Users' copyrights and wants to notify Quickly, Customer can find information about submitting notices, and Quickly’s policy about responding to notices.
4. Intellectual Property Rights; Use of Customer Data; Feedback; Benchmarking.
4.1 Intellectual Property Rights - Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Project (if applicable), and Quickly owns all Intellectual Property Rights in the Services and Software.
4.2 Use of Customer Data - Quickly will not access or use Customer Data, except as necessary to provide the Services and TSS to the Customer.
4.3 Customer Feedback - If Customer provides Quickly Feedback about the Services, then Quickly may use that information without obligation to Customer; and Customer hereby irrevocably assigns to Quickly all right, title, and interest in that Feedback.
4.4 Benchmarking - Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation (each, a "Test") of the Services, unless the disclosure includes all information necessary for Quickly or a third party to replicate the Test. If Customer conducts, or directs any third party to conduct a Test of the Services and publicly discloses the results directly or through a third party, then Quickly (or a Quickly-directed third party) may conduct Tests of any publicly available products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
5. Technical Support Services
5.1 By Customer - Customer is responsible for technical support of its Applications and Projects.
5.2 By Quickly - Subject to payment of applicable support Fees, Quickly will provide TSS to Customer during the Term in accordance with the TSS Guidelines. Certain TSS levels include a minimum recurring Fee as described in the "Fees" definition below. If Customer downgrades its TSS level during any calendar month, Quickly may continue to provide TSS at the same level and TSS Fees before the downgrade for the remainder of that month.
6. Deprecation of Services
6.1 Discontinuance of Services - Quickly may discontinue to any Services or any portion or feature for any reason at any time without liability to Customer.
6.2 Deprecation Policy - Quickly will announce if it intends to discontinue or make backwards incompatible changes to the Services specified at the URL in the next sentence. Quickly will use commercially reasonable efforts to continue to operate those Service’s versions and features identified without these changes for at least one year after that announcement, unless (as Quickly determines in its reasonable good faith judgment):
(i) required by law or third party relationship (including if there is a change in applicable law or relationship), or
(ii) doing so could create a security risk or substantial economic or material technical burden.
The above policy is the "Deprecation Policy."
7. Website Access
7.1 Website availability - While we try to ensure the Quickly Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
7.2 Website access - You may access the Quickly Website only after registering your details with us. The features of the Website are not open to everyone.
7.3. Responsibility - You are responsible for making all arrangements necessary for you to have access to the Quickly Website. You are also responsible for ensuring that all persons who access the Quickly Website through your Internet connection are aware of these Terms and Conditions and that they comply with them.
If you have any comments or concerns about the Quickly Website, please contact us at firstname.lastname@example.org or +88 01309989340.
9. Refund Policy
Payments for Quickly subscriptions aren’t refundable. In case you want to unsubscribe any module, you can disable those modules from your business portal at any time you want.
If you have an issue with your account, or think there’s been an error in billing, or want to cancel your service please create a support ticket to let us know.