Your acceptance of User Agreement & License(details below)

We value the good relationships we have with all our clients.
We want there to be trust and understanding between us.
Your reading, understanding, and signing of our User Agreement & License is an essential element of this business relationship.
Could you please read this User Agreement & License on this page, and then to indicate your acceptance of that Agreement, by completing the form and digitally signing below in the manner indicated - (all fields must be completed).

Your Electronic 'Signature' indicating acceptance. This is to be written in the form of your e-mail address followed by your name, with your name 'bracketed' by forward slashes e.g. john.doe@interhost.com/John Doe/

Terms of Use Agreement & License to use HelpDesk Pro & related services

This Client Agreement is a legal agreement between you (Client, Customer or User) and Simply amazing software(SAS) for the HelpDesk Pro Application (hereinafter referred to as the Application) you subscribe to. This Application includes computer software, data storage mechanisms, databases and related designs, and online or electronic documentation. By subscribing to, installing, or using the Application, you agree to be bound by the terms of this Client Agreement. If you do not agree to the terms of this Client Agreement, you are not authorized to use the Application.

Copyright

The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application is licensed, not sold.
All title and copyrights in and to the Application are owned by SAS or its suppliers.

Grant of License

This Client Agreement grants you the right to use the Software Application that you subscribe to. You agree to use a modern web browser such as Microsoft Internet Explorer, Firefox, Mozilla or Netscape Navigator to access the Application. You may not make copies (excepting as part of a normal safety backup routine) of the Application, or any part or section of it, for any reason, or reverse engineer, decompile, or disassemble the Application. You must comply with all applicable laws regarding the use of the Application.
You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all users of your account, whether or not actually or expressly authorized by you. Customers alone are responsible for the content you create, publish and/or communicate when using our services as well as the consequences of any such content or communication. You agree that you will not use our services to engage in illegal activities. You further agree not to use our services to send any message(SMS, E-mail, or any other form of message) or material that is unlawful or gives rise to civil liability.
Violation of terms of this Agreement, or the intent of this Agreement may result in immediate suspension of a user's license.

Should a license need to be terminated, SAS will take reasonable steps to provide a copy of the Customers data in the Application and provide this to the Customer in a standard format, for example a delimited text file.

SAS may, at its sole discretion, terminate a Customer's license and all rights to continued use of the Application, and SAS will upon such termination refund on a pro-rata basis any subscription fees paid by the Customer for the unused period.

For users under any 'FREE Plan' offer, SAS may terminate the arrangement at any time, and is not obliged to provide any reasons for such termination.

Limitation of SAS's Obligations and Liability

SAS will utilize its commercially reasonable efforts to maintain acceptable performance of the Application when hosting it for the Customer. But SAS makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Where SAS is hosting the Application for the Customer, SAS will utilize its commercially reasonable efforts to maintain backups of the system and databases for disaster recovery purposes, and SAS will utilize its commercially reasonable efforts to secure the applications and databases using proper and standard security methods and protocols. Customer has control over their data, and can delete (erase) it at will. SAS will not be liable for the inadvertent erasure, corruption or disclosure of data by Customer.
SAS shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions, whether or not caused by the fault or negligence of SAS.
SAS's liability to Customer, and any end user of any plan or other SAS service, is limited to the amount paid to and received by SAS for services. In no event shall SAS be liable to customer, or any end-user, or any other entity, for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if SAS has been advised of the possibility of such damage.
Customer will take all necessary measures to preclude SAS from being made a party to any lawsuit or claim regarding SAS services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless SAS from any and all claims of whatever nature brought by any of Customer's customers against SAS in excess of the amount paid to and received by SAS for services not accepted.

Jurisdiction, Partial Invalidity, Entire Agreement

You agree to indemnify, defend and hold harmless SAS Corporation, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our software or services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will waive to the benefit of SAS's successors, assigns and licensees.
These Terms of Use will be governed by and construed in accordance with the Federal and State laws of The United States of America, without giving effect to its conflict of laws or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by SAS.

Our Refund Policy

This pro-rata refund policy applies only to Subscription Plan clients and does not apply to purchasers of a Perpetual License.

Upon notification by a client that they no longer wish to use the HelpDesk Pro application, and that they would like a partial refund, we agree to unconditionally offer a pro-rata refund of an amount equal to the cost of the unused months of the term, less a set-up fee, whether or not the setup fee was originally waived as part of a purchase plan option.

 

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