ActiDesk Terms and Conditions
Overview
These terms and conditions include the following subjects amongst others. This overview is provided for your convenience only, and since you agree that you have read these terms and conditions and our privacy policy, you must do so. We do not make any guarantees and disclaim any liability regarding any of the information provided on the Web Site. You are obliged to comply with these terms and conditions as well as any rules or guidelines, and you consent to our privacy policy.
General
These terms and conditions apply to the ActiDesk.com web site (referred to herein as the "Web Site") of ActiDesk (referred to herein by "we", "us" and "our"). The URL's for this Web Site include, but are not limited to:
Please read these terms and conditions carefully.
By using or accessing the Web Site you signify that you have read and understood and accept all terms and conditions governing this Web Site or any part thereof, including without limitation any and all disclaimers, rules, guidelines and privacy policies or statements, which terms and conditions shall take effect immediately on your first use of the Web Site and ActiDesk (product), and you agree to abide by the same. You also consent to receive required notices and transact with us electronically.
Some terms, conditions, disclaimers, rules, guidelines and policies or statements governing part of the Web Site, for example use, access and participation in any newsgroup, bulletin, forum or mailing list, may be referred to, displayed or accessible only in the respectively relevant part of the Web Site. All such terms, conditions, disclaimers, rules, guidelines and policies or statements are deemed to be part of these terms and conditions of the Web Site by reference.
We reserve the right to change these terms and conditions at any time without prior notice. You agree that we can post any changes in these terms and conditions on the Web Site or to any email address. You also agree that you are responsible for verifying whether these terms and conditions have changed. Your continued use of the Web Site after changes have been posted means you agree to be legally bound by these terms and conditions.
If you do not agree to be legally bound by all the terms and conditions of this Web Site you should not, and are not permitted to, access, use or participate in this Web Site or have use of ActiDesk.
Any headings of clauses or provisions in these terms and conditions are included for convenience and clarity only, and are not to be used to limit or restrict the validity, enforceability, scope or meaning of these terms and conditions or any clause or provision thereof.
Terms of Use
Privacy. The receipt, use and storage by us of any personal details you may provide to us during your use of, access to and participation in the Web Site is governed by our privacy policy, which you hereby accept and agree with. Our privacy policy is subject to these terms and conditions.
Use allowed. The Web Site and any information or software contained or referred to therein may only be used and accessed upon agreement and in accordance with these terms and conditions. You may only use, access and participate in the Web Site for lawful, personal and non-commercial purposes in a manner that does not infringe the rights of third parties or restrict or inhibit the use and enjoyment of the Web Site by any other person, and only to the extent reasonably necessary to take cognisance of or contribute information contained or referred to in the Web Site.
Use not allowed. You are not permitted and you agree that you will not use the Web Site or any part thereof to advertise or disseminate a commercial message or any duplicative or unsolicited messages, or to disseminate any information (in the broadest sense and including any type of content as well as software, programmes and other computer code), whether directly or indirectly and whether knowingly or not, that is or may be inconvenient, disruptive, distressing, intimidating, harassing, threatening, abusive, degrading, indecent, sexually oriented, vulgar, obscene, offensive, libelous, slanderous, defamatory, hateful, racial, malicious, false, inaccurate, deceptive, fraudulent, invasive, infringing, tortuous, illegal or unlawful in respect of any other person or the rights, privacy, dignity and well-being of any other person, or that constitutes or promotes unequal treatment of any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Cautions and Disclaimers
General. We are not under any obligation to provide or continue to provide the information contained in or access to the Web Site. We may change, functionally limit or discontinue the Web Site or ActiDesk any part thereof at any time and without notice.
External references. The Web Site may mention, refer to or contain advertisements of, or may provide external hypertext links to other persons, web sites, information, products or services. No such mentioning, reference, advertisement or link constitutes or should be construed as any affiliation or endorsement of any third party, web site, product or service. External hypertext links provided by us are provided as a convenience and we do not control, are not responsible for and do not routinely screen, approve, review or endorse any of the persons, web sites, information, products or services to which such links refer. When deciding to transact business with any third party, visit any external web site or purchase any product or service you should do your own independent research and not rely on the information found on the Web Site. You acknowledge and agree that we are not responsible or liable for any third parties or their web sites, information, products or services.
No reliance or advice. The information or software contained in or referred to in the Web Site may be outdated, inaccurate and/or incomplete, and we are not obliged to ensure that the same is updated, accurate or complete. The information contained and accessed on the Web Site is provided as general guidance or general information of interest, and is not intended to replace or serve as substitute for, and does not constitute, any professional advice, consultation or service. You should not rely only upon any information on the Web Site, and you should review and consider information on the Web Site and ActiDesk in the light of your own independent research, and judge the merits of the information for yourself. We do not guarantee the veracity, reliability, accuracy or completeness of any information provided on the Web Site or ActiDesk. Nothing transmitted to or from this website constitutes the establishment of a professional-client relationship between you and us.
Free Trial Terms
1. Information about us
The free trial of the complete ActiDesk Help Desk system ("Product") is offered by ActiDesk ("we" or "us" as appropriate) and is governed by these terms and conditions. We are registered in England and Wales under company number 5095035.
2. License and terms
We grant to you a non-exclusive license for the Product as detailed in clauses below ("the License")
In relation to the scope of use of the Product you shall:
- You can use the Product for the normal course of your business.
- Not without agreement permit any other third party sell, hire, lend, copy, adapt, republish, disseminate ActiDesk in whole or in part.
- Not remove any identifying marks from the Product (including but not limited to any of our logos or trade names).
- Not print any part of the Product except as explicitly directed.
- In relation to assignment and sublicensing you have no right to sub-license or to assign the benefit or burden of the License in whole or in part unless agreed with ActiDesk Management.
3. Liabilities
We do not warrant:
- That the use of ActiDesk (Product) will be uninterrupted or error-free
- That ActiDesk shall be suitable for any particular purpose and you acknowledge that, whilst all reasonable care is taken in the preparation of the Product and covered as part of the Product and you further acknowledge that we shall have no liability to you in relation to any action taken by you in reliance on any information provided in the Product or any part of it.
- You accept responsibility for the selection of ActiDesk to achieve your intended results.
- We accept no liability for any loss of income or revenue, loss of business, loss of profits of contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4. Intellectual property rights
You acknowledge that all Intellectual Property Rights in ActiDesk (product) belong and shall belong to us and you shall have no rights in or to the Product other than the right to use it in accordance with the terms of the License
Clause is conditional on:
- You notify us in writing, as soon as reasonably practicable, of any Infringement Claim of which you have notice.
- You are not making any admission as to liability or compromise or agreeing to any settlement of any Infringement Claim without our prior written consent.
- Us having, at our own expense, the conduct of or the right to settle all negotiations and litigation arising from any Infringement Claim and you giving us all reasonable assistance in connection with those negotiations and such litigation at our request and expense.
- For the purpose of the License and this clause, Intellectual Property Rights means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.
5. Termination
Either party may terminate the Trial at any time before or after the agreed trial days.
Termination by either party in accordance with the rights contained in this clause shall be without prejudice to any other rights or remedies of that party accrued prior to termination.
On termination for any reason:
- All rights granted to you under the License shall cease.
- You shall cease all activities authorised by the License.
6. Confidentiality and Publicity
You acknowledge that the ActiDesk Product and each part of it is confidential information and shall not disclose to any third party such information other than under the terms of the License.
The provisions of this clause shall remain in full force and effect notwithstanding termination of the Trial.
7. Notices
All notices given by you to us must be given to the Managing Director at ActiDesk, ActiDesk House, PO Box 192, St. Asaph, LL17 0BF. We may give notice to you at either by e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
8. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions and our policies from time to time without prior notice.
9. Law and jurisdiction
These terms are governed by English law. Any dispute arising from, or related to, the Trial shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
HOW TO APPLY: In order to take advantage of this trial please enter your details on the free trial offer form and click on the submit button and your account will be created and instructions of the set-up will be emailed to you.
USE OF OFFER: In order to set up ActiDesk the data will have to be supplied by you in a specified format.
Any data supplied by you will be held separately on our servers and will be destroyed at the end of the trial.
MODIFICATION: ActiDesk reserves the right to modify, cancel, terminate or suspend the Offer in whole or in part, at its sole discretion, in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the control of ActiDesk that could corrupt or affect the administration, security, impartiality or normal course of the Offer.
ActiDesk EU Privacy Principles
1. We obtain personal information that is needed to provide our goods and services.
When ActiDesk collects information directly from individuals, we obtain the personal information that is needed to provide our goods or services, to provide customer service and to fulfill any legal or regulatory requirements. We also obtain personal information as a result of individual’s financial transactions with ActiDesk customers. When we obtain information about individuals from third parties, we use reputable sources, including public repositories. ActiDesk employs appropriate measures to assure the quality of information which we collect.
2. We will inform individuals about the general uses of their information.
When we have a direct relationship with individuals, we will strive to make information available to them about the general uses of the information that we collect. This information is made available at the point of sale, through privacy notices on our websites, in other formats that are publicly available or through other means specified by applicable EU legislation and laws.
3. We are committed to protecting the confidentiality of personal consumer information.
Within ActiDesk, access to personal information is limited is affiliates who need it to fulfill their business responsibilities. Vendors and other outside contractors we engage are subject to contractual requirements to ensure personal information is safeguarded. We will disclose personal information in response to a lawful request issued by a court, government agency or regulatory authority with jurisdiction to make that request.
5. We respect individual’s rights in relation to direct marketing.
Where ActiDesk engages in any form of direct communication with individuals for the purpose of marketing of ActiDesk products or services, we will ensure that procedures are in place to stop the direct marketing at the individual's request. All electronic communications will comply with legislation governing unsolicited communications; where required, ActiDesk will obtain consent before sending direct marketing material.
Copyright
All materials available through this Web site and other Web sites owned or provided by ActiDesk or any of its affiliated entities (collectively “ActiDesk Help Desk”), including any products, services, and Web content including but not limited to software, images, text, and various downloads (“Materials”) are owned by ActiDesk and/or by ActiDesk vendors, who have given permission to use the Materials.
Materials are protected by copyright and other intellectual property laws, and all rights in the said Materials are reserved by ActiDesk or respective owners. You may view, copy, and print pages from the Web site for personal use only. You may not otherwise use, reproduce, download, modify, store, post, broadcast, transmit, sell, or make available to any party any part of the content from the Web site without the prior written approval of ActiDesk.
Cancellation or Suspension of Subscriptions
Due to royalty payments incurred by ActiDesk a subscription to ActiDesk can only be cancelled or suspended at anytime. The cancellation or suspension will enter into force on the first day of the month following receipt of the written notification for cancellation or suspension.
Money Back Guarantee/Refunds
ActiDesk carries a 30 day money back guarantee. If you are not completely satisfied with our services or product within the first 30 days of signup, you will be given a full refund. However, this does not include any administration overhead and will be charged back to the customer.
All cancellations must be emailed to stipulating the reason for cancellation giving ActiDesk a period of notice to cure (if necessary) any situation arising from the cancellation.
Billing
Payments may be made via Credit/Debit cards, Cheque, Postal Orders and Wire Transfers. If you select to pay via credit card, your account will automatically be re-billed for future invoices unless you request otherwise.
Renewal billing batches are generated every business day, 7 days a week, for the previous day's renewals. That same day, an e-mail invoice is sent to each customer renewing in that batch. The batch is then closed. The customer's credit card is then charged for each transaction in the batch.
We do not bill in advance of the next bill date. Our invoice date is the renewal date. If we were to bill in advance, it would affect the accuracy of our accounting periods.
What if my cheque is returned for Non Sufficient Funds or any other reason? We will add a £25.00 fee to your account balance for each returned cheque we receive.
Overdue Payment Policy
Any account that has an overdue payment for one reason or another will be subject to a penalty charge of £25.00. ActiDesk will be the sole arbiter in determining violations of this provision.
ActiDesk retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Contacting Us
Please use the appropriate contact details in our contact page to contact us regarding any request, suggestion, complaint, claim or otherwise in relation to the provision of the Web Site and any information or software contained or referred to therein.
Our company details are as follows:
ActiDesk Help Desk
ActiDesk House
PO Box 192
St. Asaph
LL17 0BF
United Kingdom
