Software License Agreement
This terms of service agreement (hereinafter “agreement”) sets forth the terms and conditions by which we, HelpOnClick, provide website services such as live chat, help desk, monitoring, web analytics and such services to site visitors and registered members. By visiting our site, using any of the tools and services provided by us, free or paid, you thereby agree to be bound by each of the terms and conditions of this agreement.
- HelpOnClick is committed to bringing you the best possible tools and services designed to meet your needs and expectations. We promise you that our hosted services will be available at least 99% of the time, excluding those periods where we conduct regularly scheduled maintenance or where unforeseeable and unavoidable service outages occur due to natural disasters, Internet, router, Internet Service Provider related downtime or any other reason outside of our control.
- HelpOnClick offers 14-day money back guarantee, no questions asked, counted from the first payment day.
If for some reason the HelpOnClick hosted services do not meet our stringent standard of availability, you may request a refund in the amount of 5% of your monthly license fee for each 30 minutes of continuous downtime. This refund is limited to a sum no greater than the amount that equals 100% of your monthly license fee. Refund is your sole remedy for the failure of HelpOnClick to maintain 99% availability, subject to the limitations above stated, during any given calendar month.
Maintenance & Upgrades
- HelpOnClick reserves the right to make changes and upgrades to all services from time to time.
- Those changes and upgrades, as part of HelpOnClick system maintenance, are free to all members.
- You will be billed for services you have selected to receive on a recurring basis until and unless the service(s) we are providing is canceled by you. You may select from monthly or annually recurring billing plans. By accepting any of our services, you agree to keep us updated as to your billing information.
- In case the recurring billing fail due to bad credit, insufficient funds or any other reason out of HelpOnClick control, HelpOnClick will notify you by email and allow 3 business days to resolve the matter. After the 3 business days, if there is still a problem with the billing, HelpOnClick will be entitled to terminate your account.
- Our charges are not based upon actual usage of the service, but instead, are based upon a license fee that entitles you to use the service. You must specifically cancel any service that you no longer wish to use and pay for.
- No refunds will be issued for unused time, unless requested within our money back guarantee time frame.
- HelpOnClick reserves the right not to provide services to offensive, harmful or illegal websites.
- You agree not to use your account for any harmful activities, Spam or any illegal action.
- We may terminate this agreement immediately for any reason without notice to you for any violation of this agreement, the determination of such violation being at the sole discretion of the company. Your account will be terminated if you violate any of the terms and conditions of this agreement.
- Our software is provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person, founders, partners, workers, third party workers be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental, consequential, damages or other losses arising out of the use of or inability to use our products or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, other pecuniary loss or other loss of any kind).
Our liability to you or any third parties is limited to the remedies provided through our limited warranty.
- Any disputes related to this agreement or its subject matter will be subject to the jurisdiction of courts located in CA, USA. Licensee and company agree to the personal jurisdiction of such courts, and licensee and company waive any right either may have to move or dismiss any case brought in such courts.
- This license agreement and any issues relating thereto shall be construed and interpreted in accordance with the laws of the USA and Common Court of Law at the location of HelpOnClick LLC.
- HelpOnClick reserves the right to change or modify this license with no prior notice.