Specific Cases
We reserve the right, at our own discretion, to revise and change some or any of these Terms of Service at any time. The continuing usage of the System after all such changes have been rendered shall signify your agreement to these changes. If a move affects you adversely and you have signed and enrolled for a certain amount of time, you may contact us within 30 days of being told of the move that you do not agree with the shift. If you do, we will postpone making the adjustment to you before your prepaid period expires, or require you to terminate your account at our absolute discretion, and we will refund you for any prepaid sums pro rata. When you use the Program until the discounted period has expired, any changes may refer to you. Wherever "you", "your" or "customer" or related words are mentioned in these Terms of Service indicates the individual or legal party using or utilizing the Product. You reflect and warrant that you have the right to tie your business or other legal entity to these Terms of Service whenever you enter and utilize the Service on behalf of a client (such as your employer) or some other legal entity.
"Account" implies iDesk360 payment for usage of the Service;
"Agreement" implies these Terms of Service, plus any annexes to these Terms of Service that constitute an essential part of them and regulate your partnership with iDesk360 in their entirety;
"License Consumer" means individuals directly using the Service via an electronic sign-up form, or individual users approved and/or encouraged by you to use the Service and to whom you gave access. Approved users can involve staff, suppliers, vendors, agents or other staff of your choice;
"Confidential Material" includes any details that you or us (the "Disclosing Group") send to the other Group (the "Receiving Party"), whether verbally or in writing, this information is classified as confidential.
'Customer Material' includes any details and data (including language, photographs, pictures , videos, audio and documents) or any other material in any medium or format delivered or rendered accessible to iDesk360 by or on your behalf in conjunction with the usage of the Service;
'Details' means the material, details, records and sensitive information relating to your business, some of which might not be accessible to the public, including but not limited to technological and commercial information relating to your business, procedures , processes, applications and services, as the case may be, or some of your parent company's or subsidiaries;
"Fair Use Regulation" implies the use restrictions set down in this Agreement;
'Mentions' means the material, including connections, posts and quotes, made publicly accessible and accessed on your behalf by iDesk360 from the Supported Channels, and the data extracted from them, including papers, summaries, graphs and charts;
"Seat" implies the privilege to use the Service on your behalf which you delegated to another Designated Person. You can need to buy additional add-ons to gain from more Seats, depending on your plan;
"Plan" means one of the numerous subscription packages in which you can access the Service as mentioned further on the Site;
'Subscription Term' implies the time during which iDesk360 allows a subscription to the Service accessible to you, subject to your conformity with the obligations incurred under this Agreement;
"Supported Platform(s)" implies the social networking site(s) currently sponsored by the Network, which includes Twitter, Facebook, LinkedIn, Instagram, Youtube and other social networks as defined on the Site;
"Third party / ies" means any individual, legal or natural, that is neither you nor iDesk360;
Account Registration, Access and Disclosure
To use and gain from the Service, you will build an Account by completing a registration form, supplying us with all the details needed, and checking the checkbox "I agree to the Terms of Service" and pressing the "Start Using iDesk360" icon. You consent to provide us with full and correct login details, and to keep the information current and up-to-date through your usage of the Service. You are urged to preserve absolute anonymity with your login details and to refrain from revealing them to others. We would not be kept liable for unauthorized access to your account arising from your inability to manage safe and proper login credentials.
If you use the Platform or Program by and on behalf of a legal entity, you are expected to fill up the sign-up form with the name of the legal entity when you sign up for the Service. You will refresh the knowledge at any time. If you use the Platform or Facility for and on behalf of a legal entity, you are, and are believed to be, allowed and/or properly approved for and on behalf of that legal entity and you and the legal entity are entitled to this Arrangement collectively and severally. If you no longer are a properly approved agent of the legal entity, it is your duty to notify iDesk360 promptly, in which case the legal entity shall remain pursuant to the Arrangement, and the legal entity shall at the same time advise iDesk360 of the new authorized representative. Unless iDesk360 has been informed of a new approved delegate, you shall remain responsible as mentioned above. iDesk360 shall not be held responsible should an individual enter into this Arrangement with and on behalf of a legal entity without the requisite power / non-properly allowed party.
We reserve the right to view your account and the details you have given, but only for assistance, repair and service purposes or for other protection, technological or billing reasons, for us, our contractors or our employees. You further give us your prior permission to view your Account for the sole purpose of reacting to your complaint and/or addressing the problem you are facing, by sending us a help letter.
It is your duty to protect your sensitive details and keep your account credentials and passwords private. You are therefore liable for notifying iDesk360 immediately of any improper usage of your database, or violation of your identity or password. To the degree that this damage was not triggered by iDesk360's criminal incompetence, deliberate neglect, theft or poor faith, iDesk360 would not be responsible for any failure that you may suffer as a consequence of anyone else using your username or password, either with or without your awareness.
Operation Expansion
The degree to which you will have access to the Service(s) can depend upon the applicable Subscription Package.
Updates and Apps. You accept that iDesk360 can submit updates to the Service from time to time, and that these updates can result in adjustments to the Service 's appearance and/or functionality (including introducing, changing, or deleting functionality, functions, or content). iDesk360 shall include, execute, customize, deploy, help and manage all changes, revisions, additions, improvements, launches, corrections, error fixes, patches, and adjustments to the Software at its own expense (collectively, the "Changes"). You agree that the Service interoperates with many Supported Systems and that the Functionality delivered is highly contingent on these Supported Systems being made available.
Subscription
We sell different Service Payment Plans. The Payment Word Package differs based on the preference. During your account setup, your Payment Plan is picked and you can opt to modify your plan at any time.During your Subscription Period you can upgrade or downgrade your Subscription at any time, for which we will apply the respective payments on a pro-rata basis.
Subscription Term and Renewal
Trial period. Throughout the account development process the length of the trial period is specified. You may be asked to fill in your billing information at the close of the trial period if you have not already done so. Unless you have changed the payment information previously, the credit card or PayPal account will be paid automatically on the billing date shown in the billing portion associated with your service page.
Termination
You can terminate this Arrangement at any time by demanding deactivation and deletion of your account when logging in to the Service. In the case that you cancel this Arrangement, you continue to compensate the outstanding payments due over the rest of the Contract Period, without restricting any of our other privileges or remedies.
In case you cancel this Agreement on account of our uncured content violation, you will be entitled to a pro rata reimbursement of any payments already charged to us from the date of termination until the expiration of the Subscription Period.
iDesk360 can therefore terminate the privilege to use the Service at any moment, with or without reason. When we terminate your account iDesk360 must inform you via email to your registered email address. Any termination of this Arrangement shall endure the duty to reimburse accumulated costs and fees incurred before the date of termination.
Limited Licences
According to this Agreement, iDesk360 grants you, according to the other terms of this Agreement, a restricted, revocable, non-exclusive, non-transferable and non-assignable license to use the Software as an enterprise software (SaaS) system, except for commercial usage. You consent not to resell any part of the Contract by this. You shall not move, lease, sub-license, change, reverse engineer, decompile or disassemble the Site and/or any component of the Operation. Without prior written iDesk360 permission, you shall not reproduce, change, adjust, modify, interpret, or construct derivative works of the Operation. You reflect and warrant that you shall not use the Service for criminal reasons or for the dissemination of knowledge that may be regarded as unauthorized, libelous, violent, indecent or that infringes any freedoms, including the freedoms of others to intellectual property. With the exception of clauses 2.5 and 2.6 above, you shall not enable the usage of the Service by third parties, including but not limited to mutual use of a network link, except as provided for in this Agreement. You shall not override or uninstall any technical functionality or steps inside the Company in order to secure the intellectual property rights to the Business.
Proprietary Rights
All privileges, titles and assets in the Platform and/or the Service and any material found therein, except as otherwise specified herein, shall be the sole property of iDesk360. The Website is for your personal usage only, unless otherwise stated and if you copy or import any details from this Web and/or Software, you accept that you shall not delete or obstruct any copyright or other notes or legends found in any such material.
Confidential Information
The individual obtaining Confidential Information (the "Obtaining Party") shall, for the single and exclusive advantage of the other group (the "Disclosing Group" for the purposes of this section), keep and retain the Confidential Information in the strictest trust.
The receiving Party shall insure that its staff, vendors and third parties have limitations on access to Sensitive Information as economically and legally necessary, and shall allow all entities to sign and comply with nondisclosure provisions at least as restrictive as those found in this Agreement.
Warranties
iDesk360 warrants and represents to you that:
The Service is provided in accordance with the Applicable Law;
The protection of intellectual property of any content given by IDesk360as part of the Service shall not, to the best of iDesk360's understanding, infringe any intellectual property rights of third parties as used in compliance with this Agreement.
Limitations
iDesk360, its owners , suppliers or any of their respective owners , directors, employees , contractors and/or agents shall in no event be liable to you or to any third party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) Your use or access to the Service, or any content, products or services distributed or made available through the Site and/or the Service; (ii) for any failure or interruption of the Site and/or Service; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if iDesk360 or its suppliers have been expressly advised of the possibility of such damages.
Retention of data
iDesk360 undertakes to preserve the data safely during your Subscription Period and in compliance with the timescales of your Subscription Agreement. Any data outside the defined time frame is systematically and completely erased from our databases.
You specifically accept and understand that iDesk360 does not offer any archiving or backup facilities, and can erase data that is no longer in use and extend the timeframes set out in the relevant Subscription Plan. iDesk360 explicitly disclaims all duties about the archiving, preservation and backup of Records.
Risk
You can access the Internet at your own risk and according to all local, state, regional and foreign laws and regulations applicable. While iDesk360 has endeavored to create a secure and reliable Site and Service, iDesk360 is not responsible for any information that is outside its control. iDesk360 can not be kept liable for interruptions or omissions of Cable, network or hosting facilities. You bear the responsibility of using the Platform and the Program, alone and absolutely.
Links
The Platform and/or Service can provide ties to other third party created websites, resources, or information. iDesk360 has not checked all the places connected to its Platform and/or Service and shall not be responsible for all such related information content. The existence of any connection does not mean iDesk360's approval of these content and iDesk360 is not kept responsible for any connections found within. Usage with all other related content is at your own risk. iDesk360 retains the right to discontinue the ties to any other content at any time and for any cause, at its full and utter discretion.
Advertising
Unless you expressly revoke your agreement to this provision by submitting an email to [email protected], you hereby accept and agree to iDesk360 use all of your trademarks, logos and trade names to recognize you as iDesk360's consumer on the iDesk360 Web and/or Service, in addition to all other marketing content.