Terms of Service
If you need more information or have any questions about our Terms of Service, please feel free to contact us by email at firstname.lastname@example.org
This page was last updated on November 19, 2022.
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.
Please note that the terms stated in NDA take precedence over the following Terms of Service.
1. License to use the website
Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used. 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 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 screen-scrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
2. Acceptable use
2.1 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.
2.2 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.
2.3 You must not conduct any systematic or automated data collection activities on or in relation to this website without our written consent. This includes:
- data extraction
- data harvesting
- "framing" (iframes)
- article "Spinning."
2.4 You must not use this website or any part of it to transmit or send unsolicited commercial communications.
3. Restricted access
3.1 Access to certain areas of this website is restricted.
3.2 Help Desk Migration reserves the right to:
3.2.1 restrict access to certain areas of this website, or at our discretion, this entire website.
3.2.2 change or modify this policy without notice.
3.3 If you are provided with a user ID and password which allows access to 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.
3.4 The Service may disable your user ID and password without notice or explanation.
4. User Content and User data
4.1 The Site (https://help-desk-migration.com) may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information ("Content"). You retain ownership of any intellectual property rights that you hold in the Content.
4.2 You grant us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms.
4.3 By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
4.4 It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site.
4.5 You acknowledge and agree that we may:
4.5.1 remove your Content at our sole discretion (even if you have not breached these Terms);
4.5.2 use all or part of your Content in promoting our products and services;
4.5.3 modify your Content in any way at our sole discretion.
4.5.4 reproduce your trademarks, trade names, service marks, logos, domain names, or other identifying signs or images;
4.5.5 continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
4.6 Your user content must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you 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.
4.7 Your user content must not be defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
4.8 You will retain ownership of any data, information or material originated by you that you transmit through the Service (https://app.help-desk-migration.com) ("User Data") – for example, User Data from your accounts with third-party services (e.g., Gmail, Zendesk, etc.) that passes through the Service. You shall be solely responsible for the accuracy, quality, content, and legality of User Data, how User Data is acquired, and the transmission of User Data outside of the Service. You represent and warrant that you have all rights necessary to transmit User Data through the Service and to otherwise have User Data used as part of the Service or as otherwise contemplated herein.
5. No warranties
This website is provided "as is" without any representations or warranties, express or implied. Makes no representations or warranties concerning this website or the information and materials provided on this website. Without prejudice to the generality of the preceding paragraph, does not warrant that:
- this website will always be 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 advice of any kind. If you require advice concerning any legal, financial, or medical matters, you should consult an appropriate professional.
6. Limitations of liability
Help Desk Migration will not be liable to you (whether under the law of contact, the law of torts, or otherwise) concerning 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 Help Desk Migration has been expressly advised of the potential loss.
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 in which it would be illegal or unlawful to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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.
9. 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 officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the preceding paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors.
10. 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.
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 to a third party in settlement of a claim or dispute on the advice of 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.
11. Breaches of these terms and conditions
Without prejudice to 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.
Help Desk Migration 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.
Help Desk Migration may transfer, sub-contract, or otherwise deal with 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.
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.
15. Entire agreement
16. 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 Ukraine.
17. Support terms
Complaints about the accuracy of migrated data can be accepted within 5 days after Full Migration was completed. During this period, the 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 issues mentioned above. 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 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.
18. On-demand weekend support
The Signature support plan customers only can request over-the-weekend tech support to have tech engineers assist with their migration. On-demand weekend support is charged separately. The cost of the Service depends on the number of support hours the customer has booked. To use the Service, the customer has to order at least 3 hours of support.
To request on-demand support, contact one of our account managers.
19. Payments and Fees
19.1 The Service is billed in advance. You are required to pay the full price for the Service, including the cost for the custom work (if applicable) to access the Service.
19.1.2 The payment for custom work is applicable only for one data migration. If you need the same or slightly different custom work for another migration, it will be billed separately.
19.1.3 The Demo Migration is free at all times and does not require your credit card details.
19.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
19.3 The Service is non-refundable. To learn more about refunds, check the Refund Terms.
19.4 All the prices and payments for the Service are in US dollars. Help Desk Migration also accepts payments in other currencies. Help Desk Migration does not cover any currency conversion fees that may apply.
19.5 Help Desk Migration accepts payments via PayPro Global. You can select from the following payment options: credit card, PayPal, and Wire Transfer. If you want to pay via Wire Transfer, contact us to get an invoice. Note that the migration will start after we receive your payment.
19.6 The Service is provided for a one-time fee for every data source. That means that if you want to run migrations from multiple sources to the same target or otherwise, you need to pay a fee for each data migration.
19.7 It is recommended that you perform the data migration within 30 days after the payment.
19.7.1 The payment is deemed valid for 30 days after the transaction. Once that time is up, your payment will be considered canceled. You will be required to pay the fee again to access the Service.
19.7.2 If you continue using the source help desk to support customers and receive new tickets, note that you will be charged for all new records generated after you completed the payment and the moment you start the Full Data Migration. That is, if you postpone the migration after making the payment with the source help desk live, you will be required to pay the fee to access the Service.
19.8 We reserve the right to refuse any order placed through the Site.
20. Refund Terms
20.1 Help Desk Migration provides up to 30% refund if any significant technical issues occur with migrated data. The refund can be provided if:
- the corruption of data is the fault of Help Desk Migration
- the problem is verified by Help Desk Migration engineers
- the problem can't be resolved within 72 hours (3 business days) since the first customer report except for the cases that are related to help desk limitations or circumstances that Help Desk Migration Team cannot affect.
- the problem was detected before archiving data migration. After the data migration was archived, the tech team couldn't resolve the problem because they have no logs and access to the customer's accounts.
20.2 After the Service is provided, only a partial refund (up to 30%) is possible since computing resources were already consumed.
20.3 The customer can request a full refund (5% fee applies) if they have made the payment but haven't used the Service.
20.3.1 Support Packages are non-refundable even if the service wasn't used.
20.3.2 The customer cannot request a refund if they haven't started the Full Data Migration within 30 days after making the payment.
20.4 Help Desk Migration does not provide refunds for:
- Custom Migration Services.
- Migration from a database dump.
- Service performance delays caused by 3-rd party (hosting provider, help desk vendors, etc.) faults. However, we guarantee full-service delivery after those issues are solved.
- Data corruption or incorrect migration which happened because of unwary client's interference.
- Requests that refer to the inadequacy of reports, the absence of macros, and other settings for the help desk system since the Help Desk Migration service does not migrate settings and reports.
- After the data migration was archived, before 5 days or 10 days, depending on the support package.
20.5 The refund procedure can be initiated only after a requesting Party fills out the Refund Request Form. After the refund is made, Help Desk Migration stops taking any actions regarding refunded migration.
20.6 After the full refund was issued, the customer is obligated to delete all the migrated data, including images, MySQL dumps, CSV/XML files or backups, that contain these files.
20.7 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.
20.8 There are no fees to refund a charge, but the fees from the original charge 5% (five percent) are not returned.
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 the 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 use 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 give refunds on bonuses, exclusive and limited offers, or other charges which were assessed by the Service.