These terms apply when you use ProDesk, helpdesk software provided by Proctel Consulting Services (“Proctel”, “we”, “us”). By creating a desk or using ProDesk, you accept them on behalf of the organization you represent (“you”). If you have signed an order form with us, the order form takes priority where it differs from these terms.
The service
ProDesk lets your team receive and answer customer requests from email, web forms and a help center, and manage them with views, rules, SLAs and reports. We improve ProDesk over time. We will not make a change that materially reduces the core features of your plan during a paid term without telling you first.
Accounts
- You must be authorized to accept these terms for your organization.
- Keep account details accurate and sign-in details safe.
- Your admins decide who has access to your desk, and you are responsible for what happens under your desk's accounts.
- Tell us promptly if you believe someone has used your desk without permission.
Plans, fees and payment
Your plan and price are agreed with you and set out in your quote or order form. Unless agreed otherwise, fees are invoiced in advance for each billing period and exclude taxes such as VAT or GST, which we add where the law requires. If an invoice stays unpaid after we remind you, we may suspend your desk until it is paid.
Your data
You own all the data that you, your team and your customers put into ProDesk (“Customer Data”). You allow us to host, process and send Customer Data only as needed to provide and support the service, and as described in our Privacy policy.
You are responsible for having the right to collect and use Customer Data, including giving your customers any notices the law requires. You can ask for an export of your Customer Data at any time.
Acceptable use
You will not use ProDesk to:
- send spam or unsolicited bulk email;
- upload malware or content you have no right to share;
- break the law or infringe the rights of others;
- try to access another desk's data, or test, probe or get around our security;
- place an unreasonable load on the service; or
- resell ProDesk or build a competing product from it, unless we agree in writing.
Email and other services
ProDesk connects to services you choose, such as an inbound email provider (Postmark, Mailgun or SendGrid) and your own SMTP server. Their own terms apply to your use of them. You are responsible for setting them up, including SPF, DKIM and DMARC records for your domain. We are not responsible for their availability or for messages they fail to deliver.
Availability and support
We aim to keep ProDesk available at all times, apart from planned maintenance, which we announce in advance where we can, and events outside our reasonable control. We provide support by email. Response times and any service levels are set out in your order form.
Confidentiality
Each of us will keep the other's non-public information confidential and use it only for the purposes of these terms, unless the law requires disclosure.
Our intellectual property
We own ProDesk, its software and design, and the ProDesk and Proctel names and logos. These terms give you the right to use ProDesk during your subscription; they do not transfer ownership. If you send us suggestions, we may use them without any obligation to you.
Ending your subscription
Your subscription runs for the period in your order form and renews unless either of us gives notice as set out there. Either of us may end it if the other materially breaches these terms and does not fix the breach within 30 days of notice. We may suspend a desk at once to stop serious misuse, such as spam or an attack on the service.
After your subscription ends, you can ask for an export of your Customer Data within 30 days. After that we delete it as described in our Privacy policy.
Warranties
We will provide ProDesk with reasonable skill and care. Apart from that, and to the extent the law allows, ProDesk is provided without other warranties, including fitness for a particular purpose or uninterrupted operation.
Limitation of liability
To the extent the law allows, neither of us is liable for indirect or consequential losses, or for loss of profit, revenue or goodwill. Each party's total liability under these terms is limited to the fees you paid in the 12 months before the claim.
These limits do not apply to your obligation to pay fees, to fraud, or to anything else the law does not allow to be limited.
Indemnity
You will defend us against claims arising from Customer Data or from use of ProDesk that breaks these terms. We will defend you against claims that ProDesk, as we provide it, infringes someone else's intellectual property rights.
Changes to these terms
We may update these terms. We will post the new version on this page and update the date at the top. For significant changes, we will email you at least 30 days before they take effect. If you do not agree, you can end your subscription before then.
Governing law
These terms are governed by the law named in your order form, and disputes are settled in the courts named there.
Contact
Questions about these terms, privacy or data requests: contactus@proctelnow.com.