HESK Hosted Help Desk Terms of Service
By registering for the HESK hosted help desk ("Service", "Services", "Software") or by using the Services, you represent, warrant, and agree that you have read, understood, and agree to be bound to the following terms and conditions ("TOS").
We reserve the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes.
1. Grant of License
Subject to the TOS, HESK grants you the revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Services.
You acknowledge and agree that, as described further herein, your license to use the Services is provided on a term, paid-subscription basis and therefore will terminate upon the end of your paid subscription term (unless terminated earlier as provided for herein) if you do not timely renew such subscription on the then-current terms and conditions.
2. Conditions and Limitations
You shall not use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components or infringes on the rights of another party. You shall not modify, adapt or hack any protected parts of the Software, or otherwise attempt to gain unauthorized access to those parts or its related systems or networks. You undertake not to promote any material that is unlawful, threatening, abusive, malicious, defamatory, false, materially inaccurate, or otherwise objectionable. You will not reproduce, publish, or distribute content in connection with the Service that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right. HESK offers no assurance that your use of the Service under the terms of the TOS will not violate any law or regulation applicable to you.
You assume all responsibility for the use of the Services, including but not limited to content and media that is created, uploaded to, downloaded from, transmitted and edited using the Service. You are responsible for any accesses made to the Service.
HESK takes regular backups of your Data. No guarantees of any kind will be made as to the integrity or completeness of these backups. You agree to maintain all appropriate backup of files and data stored on HESK servers as you see fit. If loss of data occurs due to an error on HESK's part, HESK will attempt to recover the data at no charge. If loss of data occurs due to an error on your part HESK may, at its discretion, offer a data recovery service for a fee.
HESK takes all reasonable efforts to provision sufficient resources to provide good quality of Service. If your use of the Services affects the quality of Services that we are able to provide to other customers, HESK may suspend Services to you.
You may not use the Services to send unsolicited email ("spam") to anyone, including mailing lists which you have purchased. If reports of unsolicited email are received, HESK may suspend your Services without notice.
3. Liabilities, warranties and indemnification
THE SERVICE, ACCESS TO THE SERVICE, THE INFORMATION CONTAINED ON THE SERVICE, AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. HESK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HESK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN NO EVENT SHALL HESK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HESK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. HESK'S TOTAL LIABILITY TO YOU AND THIRD PARTIES FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE DAMAGE. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THE TOS AND HOW TO PRICE THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THE SERVICE AND THE TOS.
You agree to indemnify, defend, and hold harmless HESK and other users of HESK services, and HESK’s and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Service; (b) any content you create, transmit, or display while using the Service; (c) any breach by you of any representations, warranties, or agreements contained in the TOS; (d) any unlicensed use of the Service using your account; and (e) your negligent or willful misconduct.
You acknowledge and agree that HESK may access, use, and store your Data for the purpose of (i) providing the Service and (ii) responding to your requests for technical support and/or providing other services that we have agreed, or may in the future agree, to provide. You also agree that HESK may collect anonymized usage data from and/or relating to your Data and your use of the System (“Anonymized Usage Data”). Anonymized Usage Data will not include identifying information about your customers, such as your customer contact information, or copies of communications between you and your customers. HESK will not disclose any of your Data in HESK's possession to a third party unless compelled by law or court order or if you consent in writing to the disclosure.
You understand that HESK uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. Payments, Sales, and Refunds
You must pay all fees by the due dates. HESK reserves the right to change prices at any time.
Upon registering for the Service, HESK offers a 90-day money-back guarantee. The 90 day period should be used to evaluate and test the Services. Any other refunds will be made entirely at HESK's discretion.
HESK reserves the right to refuse anyone access to the Services for any or no reason.
Unless otherwise stated, HESK's charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against HESK based on its income. HESK will invoice you for such Taxes if HESK believes there is a legal obligation to do so and you agree to pay such Taxes if so invoiced.
You may terminate your account at any time. Should you wish to terminate your account with HESK, you are solely responsible for ensuring that you properly terminate your account and secure confirmation of account termination from HESK. You may contact HESK at any time for help with terminating your account.
HESK reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and refuse any and all current and future use of the Services, suspend or terminate your account (any part thereof) or use of the Services and remove and discard any of your content in the Services, for any reason, including without limitation if HESK believes that you have violated the TOS. HESK shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. HESK will not refund any amounts to you if HESK terminates your access to the Services due to your violation of the TOS.
The interpretation of the TOS and the resolution of any disputes arising under or in connection with the TOS shall be governed by the laws of the Slovenia, European Union.
In the event of a claim or dispute between you and HESK arising under or in connection with the Service, the parties shall first attempt to settle the claim or dispute by direct discussions. If discussions are not successful, you agree that jurisdiction over any disputes arising in connection with your use of the Service shall be exclusively within the courts of Slovenia. You agree that the prevailing party is entitled to recover attorney's fees in connection with the successful enforcement of these TOS.
Any provision of the TOS that shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision of the TOS, and such other provisions shall remain in full force and effect.
"Data" means the data stored in your help desk using the Services.
"HESK", "Us" and "We" means Klemen Stirn s.p. and contractors.
"Service" and "Services" means the HESK hosted help desk service, together with any associated tools, products, services, media, downloaded software, and other content delivered to you through the Site or otherwise by HESK.
"Site" means HESK.com.