Terms and Conditions of Service



User's Acceptance and Acknowledgment of Terms


BY ACCEPTING THESE TERMS OF SERVICE (“TERMS AND CONDITIONS”) CONSTITUTE A CONTRACT BETWEEN YOU AND EVAYADESK AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, (THE TERM YOU SHALL MEAN YOU,YOUR COMPANY, YOUR ORGANIZATION, REPRESENTATIVES, ADMINISTRATORS, SUBSCRIBERS, AGENTS AND END-USERS OR ANY OTHER ENITY ON BEHALF OF YOU) WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE.
By accepting these terms and by using our Services, you are agreeing and bounded to these terms .
By using these services, you agree to be bound by the Terms and Conditions. Your acceptance to comply with this Terms and Conditions becomes effective immediately upon commencement of your use of the service.
We explicitly reserve the right to change the terms of these terms and conditions, from time to time, without prior notice. You acknowledge and agree that it is your responsibility to review the Site and these terms and conditions from time to time and to familiarize yourself with any modifications.

If You do not have such authority, or if You do not agree with these Terms and Conditions, You must not accept these Terms and Conditions and may not use the Service.

You must be 18 years or older to use this Service. You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process. You are responsible for maintaining the privacy and security of your account. We will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. We may communicate with you via email regarding your account, system updates, or other issues related to your account. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account). We may refuse service to anyone for any reason at any time.




Access To and Use of the Service / Use of Site

You may access and use the Site and Services only for your internal business purposes and as said by the Terms and Conditions. Do not misuse our site and services. Do not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially benefit unfairly or make the services on the Site available to any third party, other than as explesitly permitted by these Terms and Conditions etc.; or use the Site or Service to process data on behalf of any third party; or use the Site or service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Site or services ; permit or cause any person(s) to use the Site or service such that the total number of support staff and/or agent(s) or ticket(s) using the Site or service is more than the total number of staff licenses granted under the terms of your plan; or attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site or service. Subject only to the limited right to access and use the Site or service expressly granted to you under this Terms and Conditions, all rights, title and interest in and to the Site and its components will remain with and belong exclusively to us. You shall not modify or adapt the Site to falsely imply any sponsorship or association with us, or otherwise attempt to gain unauthorized access to the Site or its related systems or networks. Further you explicitly undertake and agree that you will not use the Site or service to: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; You will not Use evayadesk Service to engage in fraudulent activity with respect to third parties. You are responsible for compliance with the provisions of these Terms and Conditions by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents and Tickets available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents and Tickets permitted under Your subscription to the Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual. You will not share an Agent Login among multiple individuals. You and Your Agents are responsible for maintaining the confidentiality of all Login information for Your Account. You will not use evayadesk for Testing or reverse-engineering the Site and Services in order to find limitations, vulnerabilities or evade filtering capabilities. You will not Transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs and any unlawful and unethical material. You agree not to use the Site to transmit directly or indirectly any unsolicited bulk communications. We may adopt any technical remedy(ies) to prevent such unsolicited bulk communications. You will not violate any of the terms of the Terms and Conditions, any code of conduct or other guidelines, which may be applicable for or to the Site and Services; and violate any applicable laws or regulations for the time being in force. You understand that the technical processing and transmission of the Site, including your content, may be transferred unencrypted and involve transmissions over various networks; changes to conform and adapt to technical requirements of connecting networks or devices; and transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to operate and maintain the Site. We will make all reasonable efforts to publish on the Site and/or notify you of any planned downtime of the Site or Service. It is clarified that in no event shall we be held liable for non-availability of the Site or Service during periodic maintenance operations or unplanned suspension of access to the Site or Service that may occur due to technical reasons or for any other reason(s) beyond our control. You understand and agree that the Site and Service is available on an "as is basis” and that we do not assume any responsibility for deletions of data, mis-delivery or failure to store any communications or personalized settings. You are solely responsible for obtaining and managing any technology, equipment and/or ancillary services needed to connect to, access and/or use the Site or Service, including without limitation modems, hardware, software, internet and long distance or local telephone service. You are also responsible for ensuring that all such technology, equipment and/or ancillary services including software are compatible with the Site. Furthermore, it is clarified, that you are solely responsible for managing the support staff and/or agents that you may employ for use of the Site or Service on your behalf. You acknowledge that some systems / software may not be capable of supporting the Site or Service and that you have made appropriate investigations into the same.

Data and Security/Confidentiality

You are responsible for all information, data, text, messages or other materials (“User Data”) that you post or otherwise transmit via the Site. We shall take all reasonable steps to maintain appropriate administrative, physical and technical safeguards for protection of and security, confidentiality and integrity of the User Data. However, we make no warranty or claim regarding the overall security, confidentiality, integrity and protection of such User Data. We will not disclose the User Data except as required by law or by you. How ever We reserve the right to access any or all of your accounts. We have no obligation to monitor the Site or your use thereof. However, we reserve the right to review all content, information, materials posted through the Site and to remove, edit or to refuse to post any such information or materials, in whole or in part, at our sole discretion and/or terminate such content and/or your access to any or all of the services on the Site at any time if required by applicable law or if found to be in violation of any law and/or the terms of this Terms and Conditions. We reserve the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process, governmental request. You are responsible for maintaining the confidentiality of your login account (“ID”) and password and are fully responsible for any and all activities that occur under your ID or account. To protect your account, keep your password confidential. Please notify us immediately of any unauthorized use of your password and/or user ID and to ensure that you log off at the end of each session at the Site. We are not responsible for any direct or indirect loss or damage arising out of your failure to comply with this requirement. You agree and acknowledge that your login may be used only by one (1) person. It is clarified that a single login cannot be shared by multiple persons. You may create separate logins for as many people as your plan allows. No guarantees of any kind will be made as to the integrity or completeness of the backups.



Intellectual Property RIGHTS



Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Agents and End Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly stated herein, all rights, title and interest in and to the Service and all hardware, Software and other components of or used to provide the Service, including all related Intellectual Property Rights, will remain with and belong exclusively to Evayadesk. Evayadesk shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents or End Users. .

THIRD PARTY SERVICES / Third Party Sites and Information




If You decide to enable, access or use Other Services, be advised that Your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Your Data) or any interaction between You and the provider of such Other Services. You irrevocably waive any claim against Evayadesk with respect to such Other Services. Evayadesk is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. By enabling any Other Services, You are expressly permitting Evayadesk to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.

Bulling, plan modifications and payments

Unless otherwise indicated on a Form referencing these Terms and subject to Section 7.2, all charges associated with Your access to and use of the Service (“Subscription Charges”) are due in full upon commencement of Your Subscription Term. If You fail to pay Your Subscription Charges or charges for other services indicated in these Terms and conditions as per your plan, payment is due or delinquent, or if You do not update payment information , in addition to Our other remedies, We may suspend or terminate access to and use of the Service by You, Agents and End Users. If You choose to upgrade Your Service Plan or increase the number of tickets during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade, new subscription will be created and will be started from that date . In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to unsubscribe Your Service Plan. Downgrading Your Service Plan is not available. Evayadesk reserves the right to contact You about special pricing if You maintain an exceptionally high number of End Users, an unusually high monthly ticket ratio per Agent, an unusually high level of open tickets or other excessive stress on the Service. Unless otherwise stated, Our 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 Evayadesk based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced. If You pay by credit card or certain other payment instruments, the Service provides an interface for the Account owner to change credit card information (e.g. upon card renewal). The Account owner will receive a receipt upon each receipt of payment by the Evayadesk Payment Agent, or they may obtain a receipt from within the Service to track subscription status. You hereby authorize the Evayadesk Payment Agent to bill Your credit card or other payment instrument in advance on a periodic basis in accordance with the terms of the Service Plan until You terminate Your Subscription, and You further agree to pay any Subscription Charges so incurred. Evayadesk and the Evayadesk Payment Agent use a third-party intermediary to manage credit card processing.

Cancellation and Termination of Services

You are responsible for properly cancelling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by contacting us at admin@evayadesk.com. There are no other means of cancelling your account by you. You will lose access to all of your content upon cancellation and we will delete the same in our normal course of business. This information cannot be recovered once your account is cancelled. If you cancel your account before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again, the balance will not be refunded.


Either You or Evayadesk may elect to terminate Your Account and subscription to the Services as of the end of Your then current Subscription Term , in accordance with these Terms, on or prior to the date one month preceding the end of such Subscription Term. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled. Evayadesk reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Agents or End Users have violated these Terms. This includes the removal or disablement of Your Data.. Evayadesk shall not be liable to You, Agents, End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.

DISCLAIMER OF WARRANTIES / Warranties & Disclaimer

The Site and Content are provided on an “As- is” and “As- Available” basis. We make no warranty, express or implied, concerning the Site and/or its contents and disclaim all warranties of fitness for a particular purpose, merchantability, non-infringement, ommissions, completeness, updateness and/or up-time in respect of the Site, including any liability, responsibility or any other claim, whatsoever, in respect of any loss whether direct or consequential, to any person arising out of or from the use of the Site and/or any information contained on the Site. Without limiting the foregoing, we make no warranty that (a) the Site and materials will meet your requirements, (b) the Site and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Site and/or the Contents thereof will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Site will meet your expectations or be free from mistakes, errors or defects. This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and Service at this site, including the descriptions of any services listed herein, at any time without prior notice. The use of the Site or the downloading or other acquisition of any materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.


LIMITATION OF LIABILITY / Limitation of Liability

In no event shall we and/or our Affiliates be liable to you or any third party for any direct, special, punitive, incidental, indirect or consequential damages of any kind, or any other damages whatsoever, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of Site or of any web site referenced or linked to from this Site including without limitation: (a) the use or the inability to use the Site and/or failure to provide the Site or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Site; (c) unauthorized access to or alteration of the your transmissions or data; (d) the delay or inability to use the Site or related services; and (e) any other matter relating to the Site including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site. Neither us nor any of our Affiliates, respective agents, employees, information providers, or content providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer -virus, communication line failure, alteration of, or any use of Content and/or Site herein, or for any damages resulting there from where the same arises due to any event beyond our control. Your sole and exclusive remedy for any dispute with Evayadesk related to any of the services shall be termination of such service. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In these states, our liability will be limited to the greatest extent permitted by law. Notwithstanding any other provision of the Terms and Conditions, the maximum liability on our part in any circumstances and in respect of any services offered hereunder, shall be limited to the refund of total amount received by us from you for availing the Site less any cancellation, refund or other charges, as applicable. In no case shall the liability include any consequential or remote or indirect loss, damage or additional expenses whatsoever.


Indemnification / INDEMNIFICATION

You hereby agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, damages, costs and expenses, including attorney's fees that arise from your use or misuse of the Site including without limitation any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the Terms and Conditions.


CONTRACTING PARTY

Payments made by credit card, debit card or certain other payment instruments are billed and processed by Zendesk if denominated in U.S. dollars and by Zendesk International Ltd. if denominated in a currency other than the U.S. dollar. To the extent that any such entity billing or processing this transaction (the “Billing Entity”) is not Zendesk, the Billing Entity is acting solely as a billing and processing agent for and on behalf of Zendesk and shall not be construed to be providing the Service. You are contracting with and the Service is provided and delivered by Zendesk.

Displute Resolution

In case of any dispute in connection with the validity, interpretation, implementation or alleged breach of any provision under the Terms and Conditions , the parties shall first attempt to settle the claim or dispute by direct discussions. If discussions are not successful, the parties shall arbitrate, with a final judgment to be entered upon the arbitration award. The venue for discussions and arbitration shall be Bangalore, India.

Governing Law

These Terms shall be governed by the laws of the State of Karnataka, India without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the Karantaka State Court of India , for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users.