END USER LICENSE AGREEMENT FOR VISION HELPDESK SOFTWARE
This End User License Agreement (EULA) is a legal contract between you and JPK Software Solutions Pvt. Ltd. (https://www.visionhelpdesk.com) “VisionHelpdesk.com” which covers your use of the Vision Helpdesk software product and/or software product license. Here a “Software Product.” is referred as any software component that may include associated media, printed materials or soft copy.
Read the agreement carefully as it sets forth your rights and obligations with respect to use of the Vision Helpdesk Software Product and/or Software Product License.
If you are not willing to be bound by the TERMS AND CONDITIONS of this agreement then do not install or use the Software Product or the Software Product License
By accepting the EULA or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License you are acknowledging and agreeing to be bound by the following terms and conditions:
Payment for the Software Product and/or Software Product License is on a pre-paid basis and is charged once each month (unless otherwise specified in your payment terms).
IMPORTANT NOTICE: All Payments to VisionHelpdesk.com are Non-Refundable unless they fall under the 7 Day Money Back Guarantee!
You are responsible for maintaining or providing us accurate billing information (Billing Contact Mail Address, Email Account, Phone, Fax number & “Payment Method”).
The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, & Wire Transfer. Customers are responsible for any additional transaction fees that coincide with any payment methods. Wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by VisionHelpdesk.com in a timely manner.
If for some reason you fail to pay the charges and/or the payment is not received by VisionHelpdesk.com, your use of the Software Product and/or Software Product License (“Account”) will be deactivated until receipt of the payment.
Your Software Product and/or Software Product License will be deactivated on accounts that reach 7 days past due. Accounts deactivated for any reason including non payment, abuse, or requested cancellation is subject to a $25.00 reconnect charge.
VisionHelpdesk.com does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via 2checkout.com/Credit Card and Paypal will have their invoices emailed, by default, 15 days prior to the invoice due date. Client can request these invoices to be sent prior to 15 days, but no more then 30 days, from the invoice due date.
INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RESERVED BY VisionHelpdesk.com
You acknowledge and agree that VisionHelpdesk.com is the sole owner of the Software Product and/or Software Product License, and the Service including without limitation, all applicable India and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. You must not remove or alter any copyright notices on any copies of the Software Product and/or Software Product License. This Software Product copy is licensed, not sold. VisionHelpdesk.com reserves all intellectual property rights, including copyrights, and trademark rights.
GRANT OF LIMITED LICENSE
Subject to the terms and conditions of this Agreement, VisionHelpdesk.com grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Software and Service is provided on an “AS IS” and “AS AVAILABLE” basis. You agree not to do any of the following:
- Modify or create derivative copies of the Software Product.
- Modify or create derivative copies of the Software Product License.
- Copy the Software or its content.
- Translate the Software or its content.
- Reverse engineer (or make any attempt to discover the source code of the Software), disassemble, decompile, alter, duplicate, or make copies of the Software or the Service, or the VisionHelpdesk.com Web Site.
- Sublicense, rent, or lease any portion of the Software unless you are an authorized partner of VisionHelpdesk.com and then only pursuant to your Partners’ Agreement.
- Use the Software or the Service for unauthorized commercial purposes (that is, for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement, unless you do so as an authorized partner of VisionHelpdesk.com pursuant to your Partners’ Agreement.
In case of Backup Copy of Software Product, you may make copies of Software Product as reasonably necessary for authorized use only, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
In case of Backup Copy of Software Product License, you may install each Software Product License on a single domain name and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
DISCLAIMER OF WARRANTIES
The software product and/or software product license are provided “as is, as available” without warranty of any kind, either express or implied. Without limiting the foregoing, VisionHelpdesk.com specifically disclaims any and all warranties, including, but not limited to:
- any warranties concerning the availability, accuracy, security, usefulness, interoperbility, or content of the software product and/or software product license; and
- any warranties of merchant-ability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the software product and/or software product license, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record. It is your sole responsibility to isolate the software product and/or software product license and execute anti-contamination software and otherwise take steps to ensure that software product and/or software product license or other information obtained from the service, if contaminated or infected, will not damage your information or system. VisionHelpdesk.com makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from VisionHelpdesk.com, shall create any warranty not expressly made herein. VisionHelpdesk.com assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information, chat, records or email messages.
LIMITATION OF LIABILITY
In no event shall VisionHelpdesk.com, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person
- for any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the software product and/or software product license or the service, even if VisionHelpdesk.com shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or
- for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the software product and/or software product license, or any other software or other content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, VisionHelpdesk.com liability shall be limited to the fullest extent permitted by law. You agree that in no event will VisionHelpdesk.com’s total liability exceed the total of the monthly fees, if any, paid by you for the service or software product and/or software product license during the 12-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, VisionHelpdesk.com shall have no liability whatsoever to you.
GENERAL CONDITIONS AND RESTRICTIONS
You agree to use the Software Product and/or Software Product License solely for your own personal or commercial use as an online communications platform.
While VisionHelpdesk.com strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by VisionHelpdesk.com. You agree not to transfer, assign, sublicense or resell the Software Product and/or Software Product License, in whole or in part, unless you are an authorized partner of VisionHelpdesk.com and only pursuant to a partners’ agreement entered into between you and VisionHelpdesk.com (“Partners’ Agreement”), and you further agree not to allow any third party unauthorized access to the Software Product and/or Software Product License. VisionHelpdesk.com may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software Product and/or Software Product License.
You agree to immediately notify us of any unauthorized use of the Software Product and/or Software Product License or any other breach of security known to or suspected by you. VisionHelpdesk.com assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, or other information submitted by you or your clients using Software Product and/or Software Product License, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service and Software Product and/or Software Product License, at VisionHelpdesk.com’s sole discretion. By way of example but not limitation, VisionHelpdesk.com reserves the right to terminate this Agreement at any time if VisionHelpdesk.com determines, in its sole discretion, that your site or activities are unsuitable for the Service. “Unsuitable” sites or activities may include, without limitation, those sites that VisionHelpdesk.com believes:
- display or promote obscene, indecent, pornographic or sexually explicit activities;
- promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- promote illegal activities or fail to comply with applicable law; or
- violate the intellectual property rights of third parties.
Requests for cancellation must be submitted by sending email to firstname.lastname@example.org A billing representative will contact you further to confirm cancellation.
Refund and Disputes: All Payments to VisionHelpdesk.com are Non-Refundable unless they fall under the 7 Day Money Back Guarantee. This includes the license fee and subsequent charges regardless of usage. No refunds shall be issued for partial use or non-use of the Service(s) by You.
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred Subscription PayPal payments that are not cancelled at the time of your account cancellation will be refunded less any fees and the subscription payment will be cancelled by the VisionHelpdesk.com.
VisionHelpdesk.com Download Licenses: We DO offer a Seven (7) days money back guarantee on the “VisionHelpdesk.com Download Licenses.” If you are unsure if the Software Product will run on your system, please download the 30 days free trial for our software first.
VisionHelpdesk.com SaaS Licenses: We DO NOT offer refunds on the “VisionHelpdesk.com SaaS Licenses.” If you are unsure how our software works and suits your business needs, please signup for 30 days free trial for our software first.
A chargeback fee of $75.00 will be assessed for each credit card chargeback against VisionHelpdesk.com. Please note that your account will be terminated until the chargeback is resolved. If the chargeback is not resolved, you will be banned from buying services from VisionHelpdesk.com.
If you have any questions about this EULA and/or terms and conditions please email us at: email@example.com