Terms of service

    Terms of Service

    If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at contact@help-desk-migration.com

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used on. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without's express written consent. This includes:

  • scraping
  • data extraction
  • data harvesting
  • "framing" (iframes)
  • Article "Spinning"

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. Help Desk Migration reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. may change or modify this policy without notice. If provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. Service may disable your user ID and password without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or-or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. Service reserves the right to edit or remove any material submitted to this website, or stored on the servers of Help Desk Migration, or hosted or published upon this website's rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, the advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit the liability of in respect of any:

  • – death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
  • – fraud or fraudulent misrepresentation on the part of Help Desk Migration; or
  • the matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against's officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of's legal advisers) incurred or suffered by arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to's other rights under these terms and conditions, if you breach these terms and conditions in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

may transfer, sub-contract or otherwise deal with's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Service's Privacy Policy constitute the entire agreement between you and in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United States of America.

Support terms

Complaints about the accuracy of migrated data can be accepted within 10 days after Full Migration was completed. During this period, emergence, change, or destruction of data in the database can take place due to help desk usage. All these changes may distort the results of the migration. Therefore, Help Desk Migration must not be held responsible for any of the above-mentioned issues. You must provide a timely response to the requests made by the Service Support Team. If no response is provided on your side, the issue in question shall be considered exhausted. In this case, we reserve the right to act on the problem using our own judgment or based on the previous agreement. Technical requests that require additional investigations from our tech engineers will be provided with investigation results within 2 business days.

Payment and Refund Terms

All the prices for the Service are provided in US currency (USD). Help Desk Migration is a one-time service (one migration for one fee). The Service is billed in advance and is non-refundable. Help Desk Migration provides up to 30% refund if there are any major technical issues with migrated data. This has been verified and confirmed by Help Desk Migration engineers and can't be resolved within 72 hours (3 business day) since the first customer report except the cases that are related to help desk limitations or cases that Help Desk Migration Team cannot affect. The refund procedure may be initiated only after having the Refund Request Form filled by a requested Party. After the refund is made Help Desk Migration stops taking any actions regarding refunded migration. After the Service is provided only partial refunds (up to 30%) are possible since computing resources were already consumed. Help Desk Migration does not provide refunds for any additional services that our tech engineers perform. Those are as follows:

  • Custom Migration Services
  • Migration from Database Dump
  • Help Desk Migration does not provide refunds for service performance delays that were caused by 3-rd party (hosting provider, help desk vendors, etc.) faults. However, we guarantee full-service delivery after those issues are being solved.

There are no fees to refund a charge, but the fees from the original charge 5% (five percents) are not returned.

It is highly recommended to refrain from performing any manipulations with new help desk during the process of automated migration. Help Desk Migration does not provide refunds or take responsibility for possible data corruption or incorrect migration happened because of unwary client's interference. Before the refund is issued the customer is obligated to delete all the migrated data, including images, MySQL dumps, CSV/XML files or backups, that contain these files.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions, excluding only United States (federal or state) taxes.

Discounts are issued in the form of "percentage off" and are offered to customers via promotional emails, advertisements, on-site banners or third party communications. You can use one discount code per one order. If you have several coupon codes, choose one with the biggest discount. Discount codes may have a validity period or may be issued for a specific product list. Help Desk Migration reserves the right to cancel or change any discount without notice, at any time. All discounts are provided for the migration price only and do not apply to any additional options and services. If you have a discount coupon code but didn't apply it at the Confirm Migration step then your data migration price won't include a discount and Help Desk Migration won't provide a refund in this case. Help Desk Migration doesn't provide refunds of bonuses, special and limited offers or other charges which were assessed by the service.

If there are any questions regarding these Terms of Service, please contact us.

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