KONDESK is the CRM system owned and operated by KONZE Enterprise Pty Ltd (“KONZE”). These Terms & Conditions are in addition to the Terms & Conditions available on konze.com.
This document shall be a legally binding electronic contract between You, which includes the company you represent and the company that registered you (collectively "You"), and kondesk.com, which includes its owner and assignees ("Our", "We", "Us", KONZE, or "Kondesk"). The Terms of Service described below govern your use of kondesk.com and its related products and services (collectively, our “Service”).
KONZE reserves the right to update or change the Terms of Service any time without prior notice. Any new feature/s that augments or advances the present Service, such as involving the release of new tools and resources, will be subject to the Terms of Service. Your continued use of the Service after any such changes will constitute your assent to said changes.
I. Account/User Terms
KONZE may choose to communicate with you via email regarding your account, news, updates or any other issues related to your account. You will hence automatically subscribe to our mailing lists or newsletters. You may choose to opt out of the subscription at any time
It is your responsibility to maintain the security of your account, username and password. KONZE is not liable for any loss or damage from your failure to conform with safety obligations
You are accountable for all published content and activity under your account (including user generated content) - be it live chat, help desk, phone or social.
Kondesk and its related Services require and active internet connection. It is Your responsibility to provide for and arrange a secure Internet access and pay any service charges linked to such access. If We believe that You are misusing the Service, We may until further notice, interrupt your use of the account and Service and may seek your cooperation to resolve the same
We reserve the right to accept or refuse our Service to a potential client. We solely have the discretion on whether to allow you to register, renew, change plan, or use our services.
You must provide your Company name, business email address, full legal name and any other information required to create an account with us
The Service is available free of charge if You register only up to 5 users on the account. If you wish to register more than 5 users, a trial/demo period will be available for 20 days after which You will be automatically charged a monthly Subscription Fee. This fee will be auto-debited using the payment details provided by You. If You cancel your subscription, you will still have access to our Service till the end of Your trial period.
II. Your Rights
The Terms of Service apply throughout Your free trial/demo period and during Your subscription to the Service based on the plan you choose.
Conditional upon your compliance with these Terms of Service throughout your period of Subscription, You have regulated, non-exclusive, and revocable right to access and use this Service for Your internal commercial purposes. You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within Kondesk. They may be subject to independent and separate Service Plans based on the Service you purchase
III. Restrictions on use of website:
In accessing or using the Websites you agree that you will not:
- Alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so;
- Except as expressly authorized by KONZE, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Services, including, without limitation, any content therein, without the express, prior written consent of KONZE or its owner if KONZE is not the owner;
Engage in or encourage conduct that:
- Would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of KONZE as an entity or any of its personnel
- Affects adversely or reflects negatively on KONZE, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to KONZE as an entity or any of its personnel
- Discourages any person or entity from using all or any portion, features or functions of the website, or from advertising, linking or becoming a supplier to us in connection with any of the Services;
- Impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity
IV. Billing, plan modifications and payments
Unless otherwise stated in the Supplementary terms of an individual Service, excluding Your free trial/demo, all charges related to Your Account (“Subscription Charges”) are owed in full and billed in advance, when You subscribe to any Service. The Subscription Charges are based on the Service Plans You select and are owed in full until Your account is terminated, unless otherwise specified. We will provide You with a receipt for each payment made by You. You may also track your payment history from within the Service.
Subscription charges and the Service Plan prices are subject to change at our discretion. You will be notified of such changes via email. Kondesk shall not be liable to You or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Subscription charges are payable by Your credit card or any other accepted method of payment by setting up automatic debit during account set-up. You hereby consent Us or Our approved agents, as applicable, to bill Your credit card upon Your subscription to the Service (and any renewal thereof). Payments are due on a monthly basis.
Your subscription to the Service will automatically renew for the next term equivalent to the then elapsing term. The Subscription Charges for each renewal will remain the same for your chosen service plan unless otherwise specified
You acknowledge and agree that, unless You terminate Your Account according to the Terms set out the in the Suspension and Account Termination section, Your credit card will be charged automatically for the applicable Subscription Charges
We may use a third-party service provider to manage credit card details and other payments; provided that the provider is not permitted to store, retain or use Your payment account information except to process your payments for Us. You must notify Us if there are any changes in Your credit card or other payment account details, by either updating Your Account or by e-mailing Us at firstname.lastname@example.org.
Unless otherwise indicated in these Terms or as part of Your Service Plan, all Subscription Charges are non-refundable. No repayments shall be issued for partial use or non-use of the Service by You.
Unless otherwise indicated, the Subscription Charges exclude any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are accountable for paying the Taxes that would be imposed on You by government authorities. You will receive an invoice form Us for such Taxes if We believe We have a lawful obligation to do so and You agree to pay such Taxes if so invoiced
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges or an extension in Subscription Term for no extra payments from You, in terms of Service use. Such benefits would be specific to Your Account and the Service identified while offering these benefits. They are not transferrable. The benefits may have an expiry date.
V. Suspension & Account Termination
Suspension and Termination
We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use of the Service, if such suspension or termination is in accordance with these Terms.
Payment of Subscription Charges:
We will notify You if the auto-debit for Your Account fails and We do not receive payment towards the Subscription Charges within the due date for Your Account. You will be given seven (7) days to make a payment using Your credit card or any other acceptable payment method as specified on the payment Form. If We do not receive payment within the foregoing time period, in addition to Our rights to other remedies available under law, We may (i) Suspend Your access to and use of the Service until We receive the payment for the Subscription Charges as specified in these Terms (ii) Restrict Your access to premium features of the Service and/or (iii) Terminate Your Account.
Suspension and Termination by Us:
In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account and the Service if You are in violation of the Terms; these may include misuse of the Service or a breach of the Terms specified in this document. You will be notified of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of seven (7) days to rectify or cease such activities. If You do not rectify such activities within said period or if We believe that Your breach of these Terms cannot be rectified, Your Account shall be terminated.
Termination by You:
Only the individual Account owner can terminate the Account. This individual is solely liable for correctly cancelling Your account. If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the ‘Account Settings’ link in the ‘Admin’ page when You log in to Kondesk. You may also terminate Your Account by writing to email@example.com. Account cancelations typically take about 2-3 business days to be processed. Once your account is cancelled, all your account information will be deleted after 20 days. You won't be charged again after your official cancelation date.
Effect of Terminating Your Account:
We strongly recommend that You export all Your Service Data before You terminate Your Account even if You do not renew Your Subscription after the trial period. In any event, following the termination of Your Account either by You or Us, including the trial period, We will retain Your Service Data for a period of one (1) year after termination, unless otherwise specified.
Throughout Your Subscription term, You may request Us to import data into Your Account. You hereby recognise and acknowledge that We may access and process Your data in connection with offering You support during such migration of data.
If You choose to terminate a lock-in contract before the end of its term, We may charge you an exit fee. Similarly, any technical support You may require for data export after the termination of Your subscription is also chargeable by us at $100-$ 250 per hour.
If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately make any outstanding payments associated with the remainder of Your Subscription Term, unless waived by Us in writing.
You will not be required to pay this amount in the event You terminate Your subscription or Your Account due to a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and allow Us not less than thirty (30) days to reasonably rectify such a breach.
KONZE in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other KONZE service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account.
VI. Modification or Change of Purchased Service
You may modify, change or customise Your Service Plan or between two Service plans. However, You acknowledge that downgrading a service plan may lead to loss of content, features or capacity of the Service. We are not liable for this loss. New Subscription charges may also be applicable based of the new/modified Service Plan You choose If you choose to update a plan, the Subscription charges for the existing month will be charged on a pro-rata basis and the following months will be charged according to the new Service plan. If the new Service plan is a downgrade from the previous plan, You will obtain a refund for the existing period in the form of credits; these will be credited to Your Account and will act as an offset for the new Subscription Charges payable for the following months.
VII. Copyright and Ownership
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where KONDESK provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to Australian and foreign copyright and other intellectual property laws.
KONZE hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access Company Content available on kondesk for Your personal, non- commercial purposes in accordance with these Terms and any conditions. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. Company Content is licensed, and not sold to You. Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Company Content granted to You as described above.
VIII. Access to the Services
Your access to the Service may be restricted or unavailable (a) during
IX. Other Integrated Services
Additional services such as integrations and applications may be made available to You when You use Kondesk. You have the choice to enable these additional Services and integrate them into Our Service as a part of Your Service plan. These services are directed by their own terms and privacy policies. You therefore acknowledge that we are not responsible for Your use of these Services, and We are not liable for any warranties, loss or damage due to Your choice to integrate, access and use these services. You are responsible for Your reliance on the privacy practices, data security procedures or additional policies of such Services and hence cannot hold us liable in connection to the same. We are also not accountable for the data hosting and data transfer practices of the providers of such Services. You must contact the providers of these Services in relation to any comments, queries, complaints or feedback about such other Services.
Our Privacy and Cookies Policy is incorporated into these Terms & Conditions
XI. Disclaimer and Limitation of Liability
Neither KONZE nor any of our directors, officers or employees are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, available through our website. Your sole remedy for dissatisfaction with the services, is to stop using the services or linked third-party websites, as applicable.
In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the greatest extent permitted by law.
You hereby indemnify, defend and hold harmless, KONZE and its officers, directors, or employees from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such a case, you agree to fully cooperate as reasonably required with such defences and in asserting any available defences.
XIII. Australian Consumer Law
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.
XIV. Governing law
These Terms & Conditions are governed by the laws of Victoria, Australia.