Terms & Conditions

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU USE THESE SERVICES. YOU MAY NOT ACCESS OR USE THE SERVICES WITHOUT FIRST ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS.

Definitions

Agent: Typically, the term is used for centralized help to users within an enterprise. A place that customers call or email to place orders, track shipments, gets help with products, and so forth. The World Wide Web offers the possibility of a new, relatively inexpensive, and effectively standard user interface to help desks

Ticket: A ticket (also known as an incident ticket) is a file, usually contained within a issue tracking system which contains information about support interventions made by technical support staff and customers, or third parties on behalf of an end user who has reported an incident that is preventing them from working. Tickets are commonly created in a service desk or call centre environment. Typically the ticket will have a unique reference number, also known as a case, issue or call log number which is used to allow the user or support staff to quickly locate, add to or communicate the status of the users issue or request. A ticket can be for just about any item or issue in a business.

Service Desk: A service desk is a resource intended to provide the customer or end user with information and support related to a companies or institution's products and services. The purpose of a service desk is usually to troubleshoot problems or provide guidance about products such as computers, electronic equipment, food, apparel, or software. Corporations usually provide service desk support to their customers through various channels such as toll-free numbers, websites, instant messaging, or email. It provides a single point of contact for users to gain assistance in troubleshooting, get answers to questions, and solve known problems. A service desk generally manages its requests through the use of software such as issue tracking systems.

End-User: To simplify, the end user is the person who uses the software or hardware after it has been fully developed, marketed, and installed. It is also the person who keeps calling the "IT guy" with questions about why the product isn't working correctly. Generally, the terms "user" and "end user" mean the same thing.

Service Plan:  means the service plan and the functionality and services associated therewith (as detailed on the Site) for which you subscribe with respect to each Agent.

Site:  means http://www.nembo.io and all other websites owned or operated by Servicedesk or its subsidiaries.

"Scheduled Payment" is a payment that has been scheduled through the Services but has not begun processing.

"Services" means the bill payment and presentment services described in this Agreement, offered by SERVICEBEEDESK Pty Ltd, through [THIRD PARTY PROVIDER].

"Services Website" means http://www.nembo.io

Introduction

You are entering into this Agreement with Service beeDesk Pty Ltd to obtain access to the Servicedesk Services, the Servicedesk Services Website, and Servicedesk data in consideration of the payment of the fees we charge and subject to the Terms and Conditions of this Agreement. You will be deemed to have accepted the Terms and Conditions of this Agreement by clicking “I Accept” and then submitting your completed online application.

Your acceptance of this Agreement indicates not only that you agree to the foregoing and following provisions, but also that Servicedesk can change these terms at any time, by giving you advance notice of the change (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include modifications to or elimination of any of the current terms of this Agreement and adding new terms to the Agreement.

In order to use our Services:

Other restrictions may apply.

Privacy Policy

Protecting your privacy is very important to us. At Servicedesk, we seek to maintain a high level of information protection. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

By registering for the Services, you agree to provide us accurate, current and complete information as required during registration, and to keep this information accurate, current and complete at all time.

Consent to Electronic Communications

We are an electronic, Internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically and that the following categories of information (Communications) may be provided by electronic means, either by e-mail or posted on the Services Website as described below:

  1. This Agreement and any amendments, modifications or supplements to it.
  2. Your records of any payment and other transactions through us, including without limitation payment histories and confirmations of individual transactions.
  3. Any disclosures or notices provided in connection with the Services.
  4. Any customer service communications, including, but not limited to, communications with respect to claims of error or unauthorised use of the Services.
  5. Any other communication related to the Services

All electronic Communications will be deemed to have been received by you no later than five (5) business days after we sent it to you by e-mail or posted on our Services Website, whether or not you have retrieved or acknowledged the receipt of the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by our e-mail server to the appropriate e-mail address provided by you.

In order to access and retain Communications, you must have:

  1. An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.7x or above or Internet Explorer version 5.0 or above.
  2. An e-mail account with an Internet Service Provider and any software required to send and receive emails.

Fees & Taxes

On charges falling due as per your agreed plan and usage, Servicedesk will charge your nominated account the fees for use of the Services. A charge for the use of a credit card to pay bills (of 1.75% for Visa or MasterCard) or of any reimbursements for costs we have incurred (plus administration fees) as a result of your actions, for example funds not being available in your accounts, and any fees applicable as a result of excessive or unreasonable use.

If we are not reimbursed immediately, you must also reimburse us for our cost of funds. We will do this by applying interest on the unreimbursed amount between the time we make the payment and the time we are reimbursed at the same rate as we are able to borrow funds.

When fees are charged, Servicedesk will post a record of the fees charged as a paid bill in your account on the service. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. You are also responsible for any costs incurred or associated with connecting to the service, for example, internet service provider costs and telephone call costs.

Warranty

THE SERVICES WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICES, AND OPERATION OF THE SERVICES WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

You acknowledge and agree that from time to time, the Services or the Services Website may be delayed, interrupted or disrupted periodically for an indeterminate amount of time due to circumstances beyond our reasonable control, including but not limited to, any interruption, disruption or failure in the provision of the Services, whether caused by strikes, power failures, equipment malfunctions or other reasons.

Any information provided on a Servicedesk Services Website, via the Services or by a Servicedesk employee is provided in good faith, and Servicedesk accepts no responsibility for the accuracy, completeness or timeliness of the information. Servicedesk does not represent or warrant that information available through the service is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the service or any portion thereof.

While we attempt to make your access to and use of the service safe, in today’s open Internet environment, Servicedesk does not represent or warrant that any element of the Services are free of viruses or other harmful components.

Limitation of Liabilities and Indemnity

You acknowledge that you waive and will not assert any claims or allegations of any nature whatsoever against Servicedesk , customers or other partners and all of their directors, agents or staff in any way relating to your use of the Services. This also means that you will not claim or allege an infringement of proprietary rights, any inaccuracy of the Services, or allegations that any person or entity has or should protect you from any claim or allegation arising from your use or other exploitation of the Services. You use the Services at your own risk.

Without limitation of the foregoing, Servicedesk will not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services, including, without limitation, any damages caused by or resulting from your reliance on the Services or other information accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or e-mail, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to the Services.

In no event shall the aggregate liability of Servicedesk, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any compensation paid by you for access to or use of the Services during the three (3) months prior to the date of any claim.

You shall defend, indemnify and hold harmless Servicedesk from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services, including any claims made by any person that any of your information provided to Servicedesk infringes the rights, including the intellectual property rights, of any third party.

Inactive Accounts

If your account is inactive for at least three months, we may deactivate your account to minimise undue administration load to Servicedesk. We will notify you by e-mail if we decide to deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored in next 30 days of notification. You may stop the deactivation by contacting us at support@nembodesk.com. Inactive accounts will be automatically terminated after three (3) months in storage.

Termination of Services

Servicedesk reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

  1. terminate your use of the Services, or any portion thereof;
  2. block or prevent your future access to and use of all or any portion of the Services;
  3. change, suspend or discontinue any aspect of the Services; and
  4. impose limits on the Services.

Termination/Change of Terms

We reserve the right to change the Services and this Agreement, including fees, in our sole discretion and from time to time. In such event, we will provide notice to you. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s).You or Servicedesk may terminate these Terms and Conditions and your use of the Services at any time.

If you terminate your use of the Services, Servicedesk agrees to settle and pay your balance into your nominated account within seven (7) business days. When your use of the Services is terminated, any or all of your data under our management is available for purchase at price we offer for period of one (1) month. Thereafter, data we store about you or on your behalf may be deleted. We may retain an archival copy of some or all of your data after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival information for our internal business purposes.

Miscellaneous

Applicable Laws: The Services are operated by Servicedesk from its principal place of business in Australian Capital Territory, Australia. You and Servicedesk both benefit from establishing a predictable legal environment in regard to the service. Therefore, you and Servicedesk explicitly agree that all disputes, claims or other matters arising from or relating to your use of the service will be governed by the laws of Australian Capital Territory and the national laws of Australia applicable therein. You consent to the jurisdiction of these laws.

Other Provisions: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions. Servicedesk may assign any or all of its rights under this Agreement to any party without your consent. You are not permitted to assign any of your rights or obligations under this Agreement without the prior written consent of Servicedesk, and any such attempted assignment will be void and unenforceable. This Agreement sets forth the entire agreement between you and Servicedesk with respect to the Services, and supersedes all other Terms or purported agreements. The Disclaimer of Warranty, Indemnity, the Other Provisions sections, and any other terms which by their nature should survive, will survive the termination of this Agreement.

The following is our contact information:

Telephone Number: 61 02 6166 1816
E-mail Address: support@nembodesk.com

Mailing Address:
Service beeDesk Pty. Ltd.
63 Strayleaf Crescent
Gungahlin
Canberra, ACT 2912
Australia
THESE TERMS WERE LAST UPDATED ON 13th Jan 2016.