HelpDesk Suite Deluxe - Lifetime

Terms & Conditions
Last modified: June 13, 2019
Services
These Andere Corporation Terms of Service (these “Terms”) apply to the features and functions provided by HelpDeskSuites.com. (“HelpDesk,” “ HelpDeskSuites.com” “our,” or “we”) via Helpdesksuites.com (the “Site”) (collectively, the “Services”). By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not allowed to use the Site or the Services. The “Effective Date” of these Terms is the date you first use the Site, or access any of the Services.
If you are using the Site or accessing the Services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to these Terms. For the purpose of these Terms, you (and, if applicable, the company or entity that you represent) will be referred to as “Customer” or “you”.
HelpDeskSuites.com reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the bottom of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.
HelpDeskSuites.com reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services, or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.
These Terms form a binding agreement between you and HelpDeskSuites.com. Violation of any of the Terms below will result in the termination of your account(s).
Privacy
Please see HelpDeskSuites.com’s privacy policy for information about how we collect, use, and disclose information about users of the Site and the Services. By using the Site and the Services, you consent to our collection, use, and disclosure of information as set forth in our privacy policy, as we may update that policy from time to time.
Registration
In order to use many aspects of the Services, you must first complete the HelpDeskSuites.com registration process via the Site. All information provided is incorporated into these Terms by reference.
You agree: (a) to provide accurate, current and complete information about you as part of the registration process (“Registration Data”); (b) to maintain the security of your password(s); (c) to maintain and promptly update your Registration Data, and any other information you provide to HelpDeskSuites.com, and to keep it accurate, current and complete; (d) to accept all risks of unauthorized access to your Registration Data, and any other information you provide to HelpDeskSuites.com, via your account(s) or password(s); (e) that you are responsible for maintaining the security of your account and safeguarding your password(s), and (f) that you will be fully responsible for any activities or transactions that take place using your account(s) or password(s), even if you were not aware of them.
Access to services
Subject to your continued compliance with these Terms, HelpDeskSuites.com grants you a limited, non-transferable, non-exclusive, revocable right and license to: (i) access and use the Services and its associated documentation, solely for your own internal business purposes, for the Contract Period for which you have paid the applicable Subscription Fees; and (ii) access and use any data that we provide or make available to you as part of your access and use of the Services, solely in conjunction with your use of the Services. Documentation are considered part of the applicable Services, for the purpose of the license granted above. You understand that HelpDeskSuites.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services, and you agree that HelpDeskSuites.com is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.
Restrictions
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site or the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services (or any components thereof); (c) offer any part of the Services (including, without limitation, any Report) on a timeshare or service bureau basis; (c) allow or permit any third party to access or use the Services; (d) use the Site or the Services to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (e) build a competitive product or service, or copy any features or functions of the Site or the Services (including, without limitation, the look-and-feel of the Site or the Services); (f) interfere with or disrupt the integrity or performance of the Site or the Services; (g) disclose to any third party any performance information or analysis relating to the Site or the Services; (h) remove, alter or obscure any proprietary notices in or on the Site or the Services, including copyright notices; (i) use the Site or the Services or any product thereof for any illegal or unauthorized purpose, or in a manner which violates any laws or regulations in your jurisdiction; (j) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up the Services or any software, documentation, or data relating to the Services, except to the limited extent that applicable law prohibits such a restriction; or (k) cause or permit any third party to do any of the foregoing. (l) consider any information to be legal advice.
Cancellation
All of your access will be deleted from the Services within a reasonable time period from when you cancel your account/subscription.
Disclaimer
YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. HELPDESKSUITES.COM DOES NOT PROVIDE LEGAL ADVICE OF ANY KIND. HELPDESKSUITES.COM DOES NOT WARRANT: (I) THAT THE SITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. HELPDESKSUITES.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Indemnification Obligations
You agree, at your sole expense, to defend, indemnify and hold HelpDeskSuites.com (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your use of the Site or the Services; (ii) your failure to pay any taxes that you owe under these Terms; and (iv) any other actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein). You will not settle any such claim in any manner that would require HelpDeskSuites.com to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.
Limitation of Liability
IN NO EVENT WILL HELPDESKSUITES.COM TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO HELPDESKSUITES.COM IN SUBSCRIPTION FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN NO EVENT WILL HELPDESKSUITES.COM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Ownership; Reservation of Rights
As between the parties: (i) HelpDeskSuites.com owns all right, title and interest in and to the Site and the Services, and all Intellectual Property Rights therein. The look and feel of the Site and the Services, including any custom graphics, button icons, and scripts are also the property of HelpDeskSuites.com, and you may not copy, imitate, or use them, in whole or in part, without HelpDeskSuites.com’s prior written consent. HelpDeskSuites.com reserves all rights not expressly granted to you in these Terms, and HelpDeskSuites.com does not grant any licenses to you or to any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth herein.
You acknowledge that any suggestions, comments, or other feedback that you provide to HelpDeskSuites.com with respect to the Site, the Services, or any other HelpDeskSuites.com product or service (collectively, “Feedback”) will be owned by HelpDeskSuites.com including all Intellectual Property Rights therein, and will be and become HelpDeskSuites.com Confidential Information (as defined below). You acknowledge and agree that HelpDeskSuites.com will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as HelpDeskSuites.com sees fit, without obligation or restriction of any kind. At our request and expense, you agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback.
Term, Termination and Effect of Termination
These Terms will apply to you starting on the Effective Date and will continue for as long as you are accessing or using the Site or the Services.
HelpDeskSuites.com, in its sole discretion, has the right to suspend your ability to use and/or access the Site or the Services, without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Site or the Services, or any part thereof; (ii) if HelpDeskSuites.com believes that you are using the Site or the Services in violation of these Terms or applicable law; (iii) if HelpDeskSuites.com believes that your use of the Site or the Services poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; or (v) if you fail to fulfill your payment obligations hereunder. HelpDeskSuites.com also reserves the right to temporarily or permanently suspend your ability to access the Services, without liability, if HelpDeskSuites.com determines, in its sole discretion, that you are engaging in abusive or excessively frequent use of the Services.
Either of us can terminate these Terms upon notice to the other if the other party breaches any of these Terms and fails to cure the breach within fifteen (15) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate these Terms for cause immediately upon notice to you, and without giving you a cure period, if you breach any of these Terms relating to our intellectual property (including your compliance with the access grant and any restrictions) or our Confidential Information (defined below).
We can terminate any HelpDeskSuites.com account that you have access to, for any reason and without liability, by providing notice to you that we intend to terminate your Plan within a period of 90 days.
When these Terms terminate or expire: (i) you will no longer have the right to use or access the Site or the Services as of the date of termination/expiration; (ii) if you owed us any fees prior to such termination/expiration, you will pay those fees immediately; and (iii) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other.
Support
HelpDeskSuites.com will provide you with email-based support – just write to our support desk at support@HelpDeskSuites.com. While we work hard to respond to you and resolve your issues quickly, we do not warrant that we will respond within any particular timeframe, or that we will be able to resolve your issue. While you are welcome to email us with your questions, we also encourage you to review our support and FAQ’s on the Site, which can provide valuable information to help answer your questions, and may be faster than waiting for our staff to respond.
Confidential Information
For the purposes of these Terms, “Confidential Information” means any technical or business information disclosed by one party to the other that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; or (ii) if disclosed orally, is identified as confidential or proprietary at the time of such disclosure, and is summarized in a writing sent by the disclosing Party to the receiving Party within thirty (30) days of the disclosure. For the purposes of these Terms you agree that the Feedback, any Reports we provide to you, and any non-public elements of the Site or the Services, will be deemed to be HelpDeskSuites.com’s Confidential Information, regardless of whether it is marked as such.
Neither of us will use the other party’s Confidential Information, except as permitted by these Terms. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”): (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section, and (iii) who are informed of the nondisclosure obligations imposed by this Section. Each party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.
The restrictions set forth in this Section will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.
General Provisions
These Terms, together with any policies incorporated into these Terms by reference, are the complete and exclusive understanding of the parties with respect to HelpDeskSuites.com’s provision of, and your use of and access to, the Site and the Services, and supersede all previous or contemporaneous agreements or communications, whether written or oral, relating to the subject matter of these Terms (including, without limitation, prior versions of these Terms). Any terms or conditions that you send to HelpDeskSuites.com that are inconsistent with or in addition to these Terms are hereby rejected by HelpDeskSuites.com and will be deemed void and of no effect.
These Terms will be governed by and construed in accordance with the laws of the United States. Any legal action or proceeding arising under, related to or connected with these Terms will be brought exclusively in the federal (if they have jurisdiction) or state courts located in United States, and the parties irrevocably consent to the personal jurisdiction and venue of such court(s).
You may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of HelpDeskSuites.com, and any attempted transfer, assignment or delegation without such consent will be void and of no effect. HelpDeskSuites.com may freely transfer, assign or delegate these Terms, or its rights and duties under these Terms, without notice to you. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise. The failure by a party to enforce any part of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the waiving party.
You agree that any notice that HelpDeskSuites.com is required to provide pursuant to these Terms can be given electronically, which may include an email to the email address you provide to HelpDeskSuites.com as part of your Registration Data. These notices can be about a wide variety of things, including responding to your questions, requests for additional information, and legal notices. You agree that such electronic notices satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day the email is sent to you, provided that the email is the same as the email address you provided as part of your Registration Data.
You acknowledge that you are responsible for complying with all applicable laws and regulations associated with your access and use of the Site and Services, including, without limitation, all applicable export control laws and regulations.
If any portion of these Terms is held to be unenforceable or invalid, that portion will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect.
Except for payments due under these Terms, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control, including, without limitation, acts of God (fire, storm, floods, earthquakes, etc.); civil disturbances; disruption of telecommunications, power or other essential services; interruption or termination of service by any service providers used by HelpDeskSuites.com to host the Services or to link its servers to the Internet; labor disturbances; vandalism; cable cut; computer viruses or other similar occurrences; or any malicious or unlawful acts of any third party.
We are each independent contractors with respect to the subject matter of these Terms. Nothing contained in these Terms will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between us, and neither of us can bind the other contractually.
Contacting us
You may contact our support staff by clicking here and going to this submission page or by emailing support@HelpDeskSuites.com We endeavor to respond to all messages within 24 hours, but depending on the nature of your request, it may take longer.