Service Agreement & Terms & Conditions

A. Overview

By subscribing to New Customers 365 (“NC365,” “we,” “us,” or “our”), you agree to the terms below, which govern your access to and use of our platform, tools, and services (the “Services”).

B. Plans & Services

• CRM & Pipeline Management with Unlimited Contacts
• 2-Way Texting & Email (lawful opt-in/opt-out required)
• Website & Funnel Builder
• Calendars & Appointment Booking
• Reviews & Reputation Management
• Forms, Surveys & Automations
• Training & Community Support

• Voice AI Employee (answer, qualify & book calls)
• AI Chatbot (web, SMS & social integration)
• Automated Missed-Call Text-Back
• Call Recording & Transcripts
• Advanced Workflows & AI Automation
• Membership & Course Hosting
• Affiliate Manager & White-Label Options
• Industry Trainings

C. Billing & Payments

• Recurring Billing: Subscriptions are billed monthly in advance to your selected payment method and renew automatically until canceled under Section D.
• Authorization: By subscribing, you authorize recurring monthly charges and the use of network card-updater services where available.
• Setup Fees: May apply where noted and are non-refundable.
• Failed Payments: We may retry charges at reasonable intervals until successful or the card/network indicates it is no longer valid. Access may be suspended for non-payment.
• Taxes: Prices exclude applicable taxes unless stated; you are responsible for any taxes due.
• Billing Descriptor: Charges appear as “New Customers 365” or “NC365”.

D. Cancellations & Refunds

• No Refunds: All payments are non-refundable. No refunds, credits, or rollovers are offered once access is granted.
• How to Cancel: Submit cancellation at least 7 days prior to renewal via live chat, email ([email protected]), phone (561-556-6436, 9am–5pm ET), or through your portal.
• Effective Date: Cancellation takes effect at the end of the current billing cycle. Lack of use does not entitle a refund or chargeback.

E. Proof of Delivery

Access is delivered electronically via account creation, login credentials, and onboarding emails. Service usage logs, account creation records, and activity history constitute proof of delivery.

F. Acceptable Use & Fair Use

• Spam, fraudulent or unlawful activity, or illegal/infringing/obscene/harmful content.
• Resale, redistribution, sublicensing, or unauthorized sharing of platform access.
• Misuse of AI calling/chat features to harass, mislead, or violate compliance laws (e.g., TCPA, CAN-SPAM, CTIA/10DLC rules).

• “Unlimited” capabilities are subject to normal, non-abusive business use. We may throttle, rate-limit, or suspend accounts that materially impact platform stability or violate this policy.

Violation may result in suspension or termination without refund.

G. Data & Privacy

• NC365 stores client data such as contacts, call records, and SMS/chat history and applies commercially reasonable safeguards.
• By using the Services, you consent to our data practices. See the NC365 Privacy Policy for full details, including roles (controller/processor) and data subject rights. A DPA is available upon request where required by law.

H. Affiliates & White-Label

Affiliates and white-label partners are bound by this Agreement. Misuse or violations (including misleading claims) may result in suspension or termination. Limited account metadata may be shared with affiliates solely for program administration.

I. Disputes & Chargebacks

• Contact Us First: Before filing a chargeback, email [email protected] for resolution.
• Representment: If a chargeback is filed, NC365 may submit onboarding records, acceptance logs, usage/activity history, and signed agreements as evidence.
• Unauthorized or bad-faith chargebacks constitute a breach of this Agreement.

J. Disclaimers & Liability

• Disclaimer: The Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or any specific outcomes (leads, revenue, conversions).
• Limitation of Liability: To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Services or this Agreement is limited to the amounts you paid to NC365 in the three (3) months immediately preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenues, or data.

K. Governing Law & Dispute Resolution

• Governing Law: Delaware law, without regard to conflicts principles.
• Arbitration: Except for small-claims matters, disputes shall be resolved by binding arbitration in Delaware. If arbitration is found unenforceable in your jurisdiction, then the state and federal courts located in Delaware shall have exclusive jurisdiction and venue, and each party waives trial by jury to the extent permitted by law.

L. Changes to this Agreement

We may update these Terms from time to time. Operational updates may be effective upon posting. Material pricing/plan changes for active subscriptions will be emailed to your account address at least 30 days before the next renewal.

M. Contact & Support

Questions? Contact [email protected] or 561-556-6436 (Mon–Fri, 9:00 AM–5:00 PM ET).

N. Acknowledgment & Acceptance

By clicking “Subscribe” or checking an acceptance box, you agree to these Terms & Conditions and authorize recurring monthly billing until canceled under Section D. You acknowledge that electronic acceptance constitutes a legally binding signature.