AAkonsult Campaign Status Terms

AAKONSULT PTY LTD
ONLINE AGREEMENT
Version 21 Aug 2025  

By clicking the "I Have Read and Agree to the Terms & Conditions" button and the "Install" button displayed as part of the registration process, or by signing a hard copy of these terms, the entity named as the customer during registration or signing the hard copy of these terms, including its successors, affiliates, and assigns (hereinafter referred to as "You"), agrees to the following terms under which AAkonsult Pty Ltd (hereinafter referred to as "AAkonsult") permits You to download and use the AAkonsult Campaign Status app(hereinafter referred to as "Campaign Status app"). If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms, in which case the terms "You" and "Your" refer to such entity. If You do not have that authority, or if You do not agree with these terms and conditions, You must select the "Cancel" button. These terms and conditions may be updated from time to time. The most current version will always be available on our website at https://help.aakonsultcampaignstatus.com/en_US/campaign-status-terms-and-conditions You are responsible for reviewing the website periodically to ensure You are aware of the latest version.

1. CONDITIONS FOR BECOMING AN AAKONSULT CUSTOMER

You warrant that:
(a) You are:
(i) a corporation or other legal entity or, if You are an individual, that You are over 18 years of age;
(ii) a licensee of Salesforce.com; and
(b) In using the Software, You will comply with the terms of this agreement and with all applicable laws.

2. LICENCE AND INTELLECTUAL PROPERTY RIGHTS

(a) AAkonsult grants You a personal, non-transferable, non-exclusive licence to download and use the Software subject to the terms of this agreement.
(b) You may use the Software to change  campaigns status’s on behalf of Your business only.
(c) You may not:
(i) grant sub-licences in respect of the licence granted to You in clause 2(a);
(ii) use the Software on behalf of any other person;
(iii) make copies of the Software except as reasonably required for operational use, backup and security purposes; or
(iv) reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Software.
(d) You acknowledge and agree that nothing in this agreement transfers to You any right, title or interest in or to any Intellectual Property Rights in the Software other than Your rights under the licence in clause 2(a).
(f) AAkonsult warrants that it is entitled to grant the licence in clause 2(a)

3. FEES, INVOICING AND SUPPORT

(a) Payment Information: You must provide AAkonsult with valid and updated payment details. At present, the only default method is Credit Card. AAkonsult will charge the fees set out in the order form you completed when registering, including any amendments to those fees as specified in this agreement.
(b) Checkout Options:

(i) AppExchange Checkout:  Where you purchase through the Salesforce AppExchange rather than directly via AAkonsult Checkout, you may choose either a monthly or annual subscription. Your subscription will automatically renew according to the option selected — monthly subscriptions renew on the same date each month, and annual subscriptions renew on the same date each year unless terminated in accordance with Clause 6.
(ii) AAkonsult Checkout: Where You purchase directly via AAkonsult Checkout, subscriptions are available on an annual basis only and shall automatically renew for successive annual terms unless terminated in accordance with Clause 6.
(iii)  By subscribing to the Campaign Status app, You expressly authorise AAkonsult (or, where applicable, Salesforce AppExchange) to charge Your nominated credit card (or other valid payment method provided) for the subscription fees on each renewal date. Renewal will occur on the applicable anniversary of Your subscription, whether monthly or annually, as set out in clauses 3(b)(i) and 3(b)(ii) above. This authorisation will remain in effect until the subscription is terminated in accordance with clause 6.
(c)  The licence will ordinarily be provisioned within one to two (1–2) Business Days after payment has been made. If You have not received confirmation within this time, You should contact us at support@aakonsult.com and provide us with your organisation name and receipt number
(d) If you request a chargeback or payment reversal from your card provider, whether intentionally or unintentionally, we have the right to charge your card for the disputed amount. This charge will include the reversal fee imposed by our bank and an additional $80 AUD administrative fee (excluding GST) to cover the cost of processing the chargeback. Please be aware that initiating a chargeback or payment reversal could result in the suspension or termination of your account, as described in this agreement.
(e) We may update our fees from time to time, and any changes will be posted on our website at *PRICING PAGE* If you do not agree with the increased fees, you may terminate this agreement by notifying AAkonsult at support@AAkonsult.com.
(f) You must make sure that payment is made when due, failing which interest at 2% above the PENALTY INTEREST rate and other charges will accrue. 
(g) You undertake to provide AAkonsult with such information and records that may be requested by AAkonsult relating to this agreement

(h) Campaign Status includes email support only, limited to general questions about installation and use of the Software. It does not include diagnostic or troubleshooting support. If additional assistance is required, such as diagnostic support or configuration help, this will be charged at $200 AUD per hour (excluding GST).
(i) support is only available with an active paid subscription.

4. DISPUTE RESOLUTION

If you have any concerns regarding your invoice or wish to dispute a charge, you are required to notify us in writing within thirty (30) days from the date of the invoice issuance. 
(i)Failure to provide written notice within this thirty-day period will be deemed as your acceptance of the invoice and the charges contained therein. Post this period, any disputes will not be entertained, and the invoice will be considered final and binding. 
(ii)Your agreement to the contract terms, including payment provisions, remains binding regardless of any invoice disputes.

5. SUSPENSION

(a) AAkonsult may suspend Your access to the Software if: 
(i) payment is not made on due date; or 
(ii) payment of any invoiced amount for Services has not been made by the date specified on the invoice; or 
(iii) you do not pay the overdue amount within [five (5)] Business Days of AAkonsult’s written notice to the email address you have provided or your billing contact; or 
(iv) You fail to provide AAkonsult with such information and records that may be requested by AAkonsult relating to this agreement. 
(b) You agree that if Your access to the Software is reinstated after a suspension for non payment in accordance with clause 5(a), You will pay a reasonable reinstatement fee. AAkonsult may charge interest on overdue amounts at 2.0% above the PENALTY INTEREST RATE per month. If any amount is overdue by more than thirty days and AAkonsult is required to take legal action to collect the amount, You must also pay AAkonsult’s reasonable costs of collection, including legal fees. 
(c)In the event that you request AAkonsult to reinstate the service you will be liable to pay a reinstatement fee of $150 and such reinstatement after suspension can cause unforeseen delays.

6. TERMINATION

(a) AAkonsult may terminate this agreement with immediate effect if: 
(i) You breach any term of this agreement and the breach is not capable of being remedied, or if capable of being remedied, is not remedied within 14 days after AAkonsult notifies You of the breach; or 
(ii) You suffer an Insolvency Event. 
(b) If this agreement is terminated for any reason or expires, You must immediately cease using the Software, and must delete all copies of the Software that are in Your possession or control
(c) To terminate this agreement i.e. the use of Campaign Status app, you will need to provide written notice 14-days prior to term ending for which you originally signed for i.e. Annual/monthly; this notice must be sent to support@aakonsult.com. Else, Your subscription will continue for the full term you have paid, as set out in clause 3(b). 
(d) No pro-rata refunds will be provided if you choose to stop using the Software by sending termination notice before the end of the term example - If you signed up for an annual term which is expiring on 20 Aug 2026, but you handed in your notice on 5 Feb 2026, you will not be issued any pro-rate refund for the unused term.
(e) Please note that AAkonsult does not have access to your Salesforce account and cannot monitor whether or not the App is in use. Therefore, to terminate the agreement as outlined in 6(c) above, you must provide a formal termination notice via email or else billing continues. Simply uninstalling the software does not constitute termination of the agreement. 
(f) Termination of this agreement does not affect any rights or remedies that have accrued or may accrue to either party as of the date of termination. 
(g) Upon termination of this agreement: 
(i) we may immediately close or suspend your account; 
(ii) You must, upon our request, return or destroy all Instructional Materials (including all copies) in your possession, custody, or control; and the license granted to you will terminate. 

7. EXCLUSIONS AND LIMITATIONS OF LIABILITY

(a) To the maximum extent permitted by applicable law, and subject to the other terms of this agreement: 
(i) all implied terms are excluded from this agreement; 
(ii) AAkonsult’s total aggregate liability, whether in contract, tort (including negligence), or otherwise, in connection with the use of the Software and under or in connection with this agreement, shall not exceed the total “Monthly Fees” paid by you during the 3 months immediately preceding the date of the event giving rise to liability. This liability cap excludes any consequential, indirect, or punitive damages. 
(iii) AAkonsult will not be liable for any loss of profit, loss of revenue, loss of goodwill or business reputation, loss of data or loss of business opportunity or any consequential, indirect, or special loss or damage whether in contract, tort (including negligence) or otherwise. 
(b) You acknowledge and agree that: 
(i) important components of the functionality accessible to You by means of the Software are provided by third parties; 
(ii) subject to the other terms of this agreement, as applicable, AAkonsult will not be liable to You, whether in contract, tort (including negligence) or otherwise, in respect of any component or functionality provided by a third party, including but not limited to related software such as Salesforce.; 
(iii) If an issue is found with the Software package, AAkonsult's liability will be limited solely to rectifying the functionality or feature of the core package in the next release and until such time, AAKONSULT may offer you credit for the ongoing monthly fee until this functionality/feature is rectified. AAkonsult will not be responsible for addressing any customizations that have been implemented by You and are affected as a result, such as Process Builders, Workflows, Flows, Duplicate Rules, Apex Code, or Triggers against any AAkonsult Campaign Status  objects, or other modifications. 
(iv) All new releases will be made available via our knowledgebase: https://help.aakonsultcampaignstatus.com/en_US/release-updates. Updates are not automatically pushed to your Salesforce sandbox environment. It is your responsibility to install the release into your own Sandbox environment first, thoroughly test the functionality against your business processes, and report any issues to AAkonsult before installing in your Production org and 
(v) Any software, features, functionality, or packages made available to You by AAkonsult as part of a Beta Package, Beta Release, or Limited Release are provided “as-is” and without any warranty, express or implied. Such releases are excluded from all warranties and liability under this agreement, and You acknowledge that You assume all risks associated with their use. 
(c) AAkonsult will not be liable for any disruption or misuse attributable to AAkonsult or any third party, including but not limited related software such as Salesforce. 
(d) Nothing in this agreement excludes or limits the application of any Consumer Guarantee or legal rights. 

8. NOTICES

(a) Any notice, approval, consent or other communication in relation to this agreement must be in writing and must be signed by the party giving the notice or any authorised officer of that party by pre-paid post, facsimile or email as follows: 
(i) if it is AAkonsult: 
Address: PO Box 2/209 Hyde Street, Yarraville, VIC 3030 Australia
Attention: AAkonsult Campaign Status
Email address: info@aakonsult.com 
(ii) if it is You, to the postal address, facsimile no. or email address submitted by You as part of Your registration details. or as otherwise specified by a party by notice. 
(b) Unless a later time is specified in a notice, the notice takes effect from the time it is received. 
(c) A notice is taken to be received: 
(i) in the case of a notice delivered by hand, when delivered to the addressee; 
(ii) in the case of a notice sent by pre-paid post, on the second clear Business Day after the date of posting; 
(iii) in the case of a notice sent by facsimile, when transmitted to the addressee; and 
(iv) in the case of a notice sent by email, on the date on which the sender can demonstrate that the email left the computer system controlled by the sender without receipt of an error message, but if delivery or receipt is on a day which is not a Business Day or is after 5.00 pm at the place of delivery or receipt, it is regarded as given at 9.00 am on the next Business Day. (d) A notice that is posted is valid even if the addressee does not receive it or it is returned unclaimed to the sender.

9. GENERAL

(a) This agreement replaces all previous representations, arrangements, understandings and agreements between the parties relating to the subject matter of this agreement and contains the entire agreement between the parties in relation to its subject matter. 
(b) A waiver of any right under this agreement must be in writing and executed by the party granting the waiver. 
(c) A failure to exercise, a delay in exercising, or a partial exercise of, a right created under this agreement does not result in a waiver of that right.
(d) A variation of any term of this agreement must be in writing and signed by the parties. 
(e) A provision of or an application of, a provision of, this agreement which is void, illegal or unenforceable for any reason in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction. 
(f) If a clause in this agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of this agreement. 
(g) A party must not assign its rights under this agreement unless it has the other party’s written consent. A party must not unreasonably withhold its consent/ may give or withhold its consent in its sole discretion. (h) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or part of it. 
(i) This agreement is governed by the laws of Victoria, Australia. 
(j) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia. 
(h) You may obtain independent financial and legal advice prior to entering into this contract.

10.  DEFINITIONS

(a) “AAKONSULT" refers to AAkonsult Pty Ltd (ABN: 29 138 769 187), the legal entity providing services under these Terms and Conditions.
(b) “Business Day” means any day that banks are open for general banking business in the place from which the relevant notice is sent. 
(c) “Company” refers to AAkonsult Pty Ltd.
(d) “Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law. 
(e) “Insolvency Event” means the happening of any of these events: 
(i) where a party is a natural person, the person becomes bankrupt, files or is served with a petition in bankruptcy or is served with a bankruptcy notice, the person is unable to pay his or her debts as and when they become due and payable or a creditor’s meeting in relation to that person is called; 
(ii) an application is made to a court for an order or an order is made that a body corporate be wound up, and the application is not withdrawn, stayed or dismissed within 21 days of being made; 
(iii) appointment of a liquidator, provisional liquidator, administrator, receiver, receiver and manager or controller in respect of a body corporate or its assets; 
(iv) except to reconstruct or amalgamate while solvent a body corporate enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any class of its creditors, or it proposes a reorganisation, moratorium or other administration involving any of them; 
(v) a body corporate resolves to wind itself up, or otherwise dissolve itself, or gives notice of intention to do so, except to reconstruct or amalgamate while solvent or otherwise wound up or dissolved; 
(vi) a body corporate is or states that it is insolvent; 
(vii) as a result of the operation of section 459F(1) of the Corporations Act, a body corporate is taken to have failed to comply with a statutory demand; 
(viii) a body corporate is or makes a statement from which it may be reasonably deduced that the body corporate is, the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act; 
(ix) a body corporate takes any step to obtain protection or is granted protection from its creditors, under any applicable law; 
(x) a body corporate ceases to carry on business; or 
(xi) anything analogous or having substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction. 
(f) “Intellectual Property Rights” means: 
(i) inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including development or improvements of equipment, products, technology, processes, methods or techniques; 
(ii) copyright (including future copyright) throughout the world in all literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the 
future subsist; 
(iii) confidential information and trade secrets; 
(iv) trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get -up; and 
(v) proprietary rights under the Circuit Layouts Act 1989 (Cth). 
(f) “Related Body Corporate” of an entity means any body corporate which is related to that entity within the meaning of the Corporations Act. 
(g) “Software” refers to the AAkonsult application, AAKONSULT CAMPAIGN STATUS. For clarity, this term does not refer to AAKONSLT PTY LTD
(h) “Services” means any services provided to You by AAkonsult Pty Ltd or AAkonsult Services Pty Ltd, including, but not limited to, consulting services
(i) “Knowledgebase” refers to https://help.aakonsultcampaignstatus.com/, where Campaign Status provides a collection of guides, release notes, and helpful articles designed to assist users in effectively using and navigating the product.

11. INTERPRETATION

(a) In this agreement unless the context requires otherwise: 
(i) a reference to a person includes a reference to a company, partnership, joint venture, association, corporation or other body corporate or a government body; 
(ii) the singular includes the plural and the plural includes the singular; 
(iii) a reference to one gender includes any gender; 
(iv) a reference to a clause, party, schedule, annexure or attachment is a reference to a clause of, and a party, schedule, annexure and attachment to, this agreement and a reference to this agreement includes any schedule, annexure or attachment; 
(v) a reference to a party to this agreement includes that party’s executors, administrators, successors and permitted assigns; 
(vi) a reference to legislation or to any provision of any legislation includes a reference to any modification, consolidation, replacement or re-enactment of it, and includes any subordinate legislation made under it; (vii) a reference to a body, other than a party to this agreement (including an institute, association or authority), whether statutory or not: 
(A) which ceases to exist; or 
(B) whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; 
(viii) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document; 
(ix) a reference to an agreement other than this agreement includes a deed any legally enforceable undertaking, agreement, arrangement or understanding, whether or not in writing; 
(x) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; 
(xi) the words ‘includes’ and ‘including’ are not words of limitation; and 
(xii) if an act required to be done under this Agreement on or by a given day is done after 5:30 pm on that day, it is taken to be done on the following day. 
(xiii) In this agreement, headings are for convenience only and do not affect the interpretation of this agreement; 
(xiv) Where something must be done under this agreement on a given day and that day is not a Business Day then that thing must be done on the next Business Day.