Terms of Service

This License Agreement ("LA") is a legal agreement between you (an individual or a legal entity) and eStream, ET ("eStreamDesk"). If representing a business or organization, we assume that you are authorized to agree to the terms and conditions of service outlined here on behalf of the said business or organization.
Where this agreement states: "agreement" and "policy" includes this document. The latest revision of this document can be found at this web site: http://www.estreamdesk.com/tos.aspx
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1.1. By registering for our service you agree to the terms and conditions outlined in this document.
1.2. We reserve the right to make changes to this agreement without notice. It is your obligation to obtain and revisit this document periodically to review for any changes.
1.3. This agreement shall be governed by and construed in accordance with Bulgaria's law. You hereby submit to the non-exclusive jurisdiction of the Bulgarian courts.
2.1. You agree to use the services offered entirely at your own risk.
2.2. All conditions, terms, representations and warranties relating to the services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
2.3. Our total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection with the provision of the services shall be strictly limited to the charges paid by you for the services that are the subject of any claim made.
2.4. In no event will a claim be brought unless you have notified us of the claim within one year of the incident arising.
2.5. In no event will we be held liable for any loss (data, economic or otherwise) or other commercial damage, including but not limited to special, incidental, consequential or other damages, direct or indirect.
3.1. You agree to defend, indemnify and hold harmless eStreamDesk against liabilities arising out of:
3.1.1. Any injury to person or property caused by any products or services sold or distributed by eStreamDesk;
3.1.2. Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
3.1.3. Copyright infringement and
3.1.4. Any defective products or services sold to the customer.
3.2. You agree to defend, indemnify, save and hold eStreamDesk harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against eStreamDesk, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees.
3.3. eStreamDesk will be the sole arbitrator of this policy.
4.1. We take regular backups. No guarantees of any kind will be made as to the integrity of these backups. You agree to maintain all appropriate backup of data stored on eStreamDesk servers.
4.2. We will not be held responsible for data hosted on our servers. It is your responsibility to maintain local copies of your helpdesk service data and maintain proper and sufficient insurance if coverage is required with respect to data loss.
4.3. If loss of data occurs due to an error on our part, we will attempt to recover your data at no charge.
4.4. If loss of data occurs due to negligence or error on your part, we may require a recovery fee.
5.1. You may not resell areas of your helpdesk service. An example violation of this term includes but is not limited to allowing/charging another person or company to make use of your helpdesk service (via additional departments, user accounts and template groups).
5.2. You may not use the service to send unsolicited e-mails (spam).
5.3. Your login may only be used by one person - a single login shared by multiple people is not permitted.
5.4. Abuse or excessively frequent requests to the service may result in the temporary or permanent suspension of your account. eStreamDesk, in its sole discretion, will determine abuse or excessive usage.
5.5. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by eStreamDesk), we reserve the right to immediately disable your account.
5.6. You undertake to keep all passwords and login credentials secure. If in the case that you suspect a security violation you also undertake to notify us immediately.
6.1. You undertake that you will use the helpdesk service only for lawful purposes.
6.2. We do not host pirated software, adult content, pornographic material, virus or copyrighted media files. We reserve the right to remove any content that we suspect violates this policy from your helpdesk service and/or suspend your account without notice.
6.3. You may not use the helpdesk service in any way such that it infringes upon the rights of a third party.
6.4. If you believe that your copyright or trademark is being infringed upon by one of our customers, please email support@estreamdesk.com with as much information as you can provide that evidences infringement.
6.5. You undertake not to link to or promote any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, profane or otherwise objectionable.
6.6. Failure to respond to an abuse complaint within 48 hours may result in suspension and/or termination of services.
6.7. We will be the sole arbitrator of this policy.
7.1. No refunds will be made except where we fail to meet the service level agreement outlined in section 11.
8.1. Full payment (including renewals) is required before any service is rendered.
8.2. We reserve the right to refuse service to anyone.
8.3. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
8.4. Any due notices, invoices, receipts and billing reminders will be sent by electronic mail only.
8.5. Payment is due each anniversary month following the date the account was established until cancellation notice is given (section 10.1).
8.6. If you choose to pay by credit or debit card you authorize us to debit your account renewal fees from your card.
8.7. Without prejudice to our other rights and remedies under this agreement, if any balance owed is not paid on or before the due date we will be entitled to suspend/terminate services to you.
8.8. Where payment has been made by credit or debit card, refunds will be made to the same named credit or debit card. Where payment has been made by PayPal, refunds will be made to the same PayPal account only.
9.1. We reserve the right to suspend or terminate the services and/or this agreement at any time.
9.2. If you violate any of these terms and conditions we may suspend the services and/or terminate this agreement forthwith without notice to you.
9.3. No refunds will be made for services suspended or terminated due to violation of this agreement.
9.4. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we reserve the right to suspend services and/or terminate this agreement forthwith.
9.5. On termination of this agreement or suspension of the services we will be entitled to immediately to block your helpdesk service and to remove all data located on it.
10.1. You may cancel your account at any time. Only accounts cancelled in the way outlined herein will be honored.
10.2. To request account cancellation, you must send to us written notice (via electronic mail) of your account cancellation requirement no less than seven (7) days prior to your next billing cycle or we may bill you for the next period. The address to which you must send notice is sales@estreamdesk.com.
10.3. It is your responsibility to secure confirmation of account cancellation from us. If you do not receive confirmation of your account cancellation request, you may continue to be invoiced and your account may not be cancelled.
10.4. Once confirmation of account cancellation is made, we do not guarantee the availability of your helpdesk service or data stored on it unless you arrange with us otherwise.
10.5. It is your responsibility to settle (if) any due balance following cancellation.
10.6. Accounts that are inactive for more than six (6) months will be cancelled automatically.
11.1.1. We guarantee that your helpdesk service will be available (accessible and functional) no less than 99.9% of the time, excluding where server maintenance both scheduled or emergency occurs.
11.1.2. We employ a third-party monitoring service that will be used to gauge the monthly uptime figure. For technical purposes, the server is monitored from more than ten (10) worldwide locations. However, for the purposes of this policy the only records that will be referred to are from the monitoring stations located in the same country in which your helpdesk service is located.
11.1.3. For every hour your helpdesk service is unavailable you will be entitled to a reimbursement of 2% of your paid monthly rate.
11.1.4. If you believe your helpdesk service has been available for less than 99.9% of your billable month, it is your responsibility to raise this issue with us. We will then check our uptime records against your claim. If our records confirm your claim, you will be able to request a reimbursement as in section 11.1.3.
11.2.1. We undertake to provide support for as long as your helpdesk service is active and invoices cleared.
11.2.2. We reserve the right to redefine and change at any time the limitations of this support.
11.2.3. Support is available via a ticket raised using the customer area which can be accessed at http://support.estreamdesk.com or via e-mail to support@estreamdesk.com
11.2.4. As a guideline, you can expect to us to do our utmost to ensure availability of your helpdesk service and to ensure that the product (the support desk software) is functional, relative to our development cycle.
11.2.5. We make no guarantees that you will be able to connect to external mail servers from your helpdesk service. If issues arise with respect to this we will not consider it a fault of the service or support desk software.
11.2.6. We will not provide or support code customizations (software or cosmetic).
11.2.7. We reserve the right to refuse anyone support.
This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.