1.1 Expression of acknowledgment :"AJ Help Desk", provides its service (as defined below) to you through its web site located at www.ajhelpdesk.com, subject to this Terms of service agreement. By accepting this Terms of service or by accessing or using the service or Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of service. If you are entering into this Terms of service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of service, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of service, you must not accept these Terms of service and may not use the service.
1.2 Subject to change : AJ Help Desk may change this Terms of service from time to time without prior notice. You can review the most current version of this Terms of service at any time at http://www.ajhelpdesk.com/terms/index.html. The revised terms and conditions will become effective upon posting and if you use the service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this Terms of service is not acceptable to you, the only solution is to cease to accessing and using the service.
The "service" includes (a) the Site, (b) the services provided through the Site and by the AJ Help Desk API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the AJ Help Desk API (collectively referred to as the "Content"). Any new features added to or extending the currently provided service are also subject to this Terms of service.
3.1 No sub licenses to third party : Subject to the terms and conditions of this Terms of service, you may access and use the service only for your internal business purposes. You shall not (a) license, sub license, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the service available to any third party, other than as expressly permitted by this Terms of service; (b) use the service to process data on behalf of any third party, or (c) use the service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the service and its components. Since running a help desk is with the motive of moving tickets to state "Closed" swiftly, you agree to use all your reasonable efforts in this regard.
3.2 No unauthorized modification : Subject only to the limited right to access and use the service expressly granted to you under this Terms of service, all rights, title and interest in and to the service and its components will remain with and belong exclusively to AJ Help Desk. you shall not modify, adapt or hack the service to falsely imply any sponsorship or association with AJ Help Desk, or otherwise attempt to gain unauthorized access to the service or its related systems or networks.
3.3 Responsibility on data you transmit: you are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the service. you are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. you agree and acknowledge that your login may only be used by one (1) person - a single login shared by multiple people is not permitted. you may create separate logins for as many people as your plan allows.
3.4 Access to data : AJ Help Desk reserves the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data except if compelled by law or if permitted by you.
3.5 Third party's involved : You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to AJ Help Desk's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the service. AJ Help Desk will use reasonable efforts to publish on the site or notify you of any planned downtime of the service.
3.6 Terms applicable throughout service period : The failure of AJ Help Desk to exercise or enforce any right or provision of this Terms of service shall not be a waiver of that right. You acknowledge that this Terms of service is a contract through electronic media between You and AJ Help Desk, and it governs your use of the service and takes the place of any prior agreements between you and AJ Help Desk.
AJ Help Desk and AJ Help Desk's various logos used or displayed on the service are trademarks of AJ Help Desk and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the AJ Help Desk products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5.1 Trials and Payments : The service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term (generally monthly, quarterly or annually). You may try all the plans for a maximum period of thirty days. The trial version is fully functional as paid license. Once you have provided credit card details, an account will be allocated for you and will be promptly billed.
5.2 Plan and Price Changes : If you choose to upgrade your plan or number of agents during your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to your account. Subsequently, your credit card will automatically be charged the adjusted rate on your next billing cycle subsequent to the pro-rating billing. A billing exception exists if you are on a monthly billing cycle where you will not see a prorated charge or credit in the current month, but your new billing rate will be reflected on your next monthly bill. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account before the end of your subscription period. Prices of all AJ Help Desk plans and services are subject to change upon 30 days notice from us. Such notice may be provided at any time.
5.3 Credit Card Billing, Receipts and Privacy : The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. AJ Help Desk provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal).
6.1 Onus lies with you : You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the Account link in the global navigation bar at the top of the screen. There are no other means of canceling your account. you will lose access to all of your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is canceled If you cancel the service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
6.2 Our exclusive rights : AJ Help Desk reserves the right to (i) modify or discontinue, temporarily or permanently, the service (or any part thereof) and (ii) refuse any and all current and future use of the service, suspend or terminate your account (any part thereof) or use of the service and remove and discard any of your content in the service, for any reason, including, if AJ Help Desk believes that you have violated these Terms of service. AJ Help Desk will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. AJ Help Desk shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.
The service, including the site and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law and AJ Help Desk expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that AJ Help Desk does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from AJ Help Desk or through the service shall create any warranty not expressly stated in this terms of service.
8.1 Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall AJ Help Desk be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, AJ Help Desk shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages or one hundred ($100) U.S. dollars.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the service or any of its components.
These Terms of service shall be governed by the laws of India without regard to the principles of conflicts of law. you hereby agree to submit to the exclusive personal jurisdiction of the courts of India for the purpose of resolving any dispute relating to your access to or use of the service.
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