These are the terms and conditions of services that govern and regulates your access to and use of the services of ThriveDesk in the form of a subscription, let it be a free plan or monthly, quarterly, yearly and/or any other form of subscription that we have offered and you have agreed to subscribe in exchange of the consideration as such and any other price offerings stipulates. These terms and conditions will be applicable to you once you have successfully clicked on “I Accept” and obtained any of our services of any of the products under this or our affiliates website.
In these terms and service the word “ThriveDesk”, “we”, “us” “our” shall represent ThriveDesk.com and the word “you” or “customer” or “your” shall represent you or the entity that you represent. It shall be adduced as conclusive representation from your acceptance of this terms of services that you are lawfully capable of entering into contracts (e.g., you are not a minor) and you have reached the minimum age of 18 or more, and also that you are a person of sound mind and knowledge and not disabled either.
In case you are entering into this Agreement on behalf of an entity or a Company then it would be adduced that you have the legal authority or legal authorisation to execute this terms and condition of this contract.
1. Violation of Terms and Conditions
We have reserved all the authority required to investigate any violation of any of the terms and conditions of this terms of service in due compliance to the laws. We are under an obligation so far as it is required to involve and cooperate with law enforcement authorities in Bangladesh under the purview of the Digital Security act and ICT Act and any other laws of Bangladesh in investigating as to who, how and to what extent such violation the terms and conditions has been violated. Therefore, you are of consent that we are hereby has the obligation to remove, delete any data, transmit and transfer any data that is required by the laws of Bangladesh which with or without in connection to the violation of these agreements.
2. Responsibility of the Customers
Accounts: unless there is a breach from our end, you shall be responsible for all or any activities that take place in your account, regardless of whether the individual who has used your account to cause such breach to have your authorization or not of any kind and we and our affiliates shall not be responsible for unauthorized access to your account due to your failure of maintaining the security of your account.
Content and or data: You will ensure that your content/data and your end users’ use of your content/data will not violate any applicable laws. You are solely responsible for the transmission, development, content, operation, maintenance, and use of Your Content/data.
Log-In Credentials and Account Keys: all the login credentials and private keys that have been generated through our services are solely for your personal and/or internal use and you shall not by any means sell or transfer to any other person, except the same has been disclosed to your agents, subcontractor or your authorized individuals for performing work on your behalf.
End Users: it will be deemed to have been undertaken from your end upon execution of this Terms of Service that all your end users are to comply with the terms and conditions of this Terms of Service and you must provide them with explicit instruction in regards to the same and are under an obligation to duly notify us in regards to any breach that any of your end users have caused and take the necessary action or precautions.
You must not use any of our Services for any illegal or unauthorized purpose. You must not, in the use of our Service, violate any laws in your jurisdiction, including, among other things, as follows:
- conducting malicious activities and/or spreading viruses
- obscuring anything related to our Service;
- interfering any security feature or enforcing single or multiple limitations on use of or access to our Service;
- violating the right of any third parties.
- defamatory or insulting; or
- misrepresentation of any kind.
Please note that you are not allowed to make any reselling of any of our products or services or license keys to any other third parties after redeeming the same on your account.
4. Payment Terms and Conditions
You can opt to pay with a valid credit card and free account do not require to provide any credit card at all. All the bills will be paid in advance and no refund shall be even except our “30-days money back guarantee” policy. All the tax payable are from your end depending from the tax jurisdiction you are purchasing our products or services, the service fee are exlucive of tax requirements
5. 30-days Money Back guarantee
We have a 30-day money back guarantee offer should you, for any reason, are unhappy with your ThriveDesk purchase, we do offer a 30-day money back guarantee. Should you decide to discontinue ThriveDesk in your business within 30 days from your first payment, you may request a full refund and such applies to our all sort of subscription.
6. Temporary Suspension
We may suspend your right to access of our services immediately upon notice to you if we find out:
- your use of the Service creates a risk to our systems or their security.
- you are, or any End User is, in breach of this Agreement;
- you are in breach of your payment obligations under Section 4; or
- you have lost all your ability to use our services as per laws, eg bankruptcy, dissolution etc.
- Effect of Suspension: If we suspend your right to access or use any portion or all of the Service:
- you remain responsible for all fees and charges you incur during the period of suspension; and
- you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.
These terms of service shall be valid from the moment onwards of its acceptance/execution by the customer and shall be terminated upon closing the accounts or unsubscribing to our services, however, a notice over email or in writing must be given at least prior to one month from the date of termination; notice of termination can be given through registered email.
a) Termination at Will
The customer may terminate the agreement for any reason whatsoever through closing the account or providing notice of termination at least one month prior to the date of termination.
b) Termination for Cause
- Termination can be made by either of the parties for cause should there become apparent that either one of the parties has made a material breach of this agreement and the same remains unattended without ratification and amendments for over 30 days from the date of receipt of the notice.
- We reserve the right of termination upon providing notice to the customer should it appear that there is sufficient cause to trigger Section 6 of this terms of service and no cure is possible and also, should it appear that we may not be able to provide the service any further due to our technical or legal restraints.
8. Effect of Termination.
Thrive Desk shall not remove or take any action proceeding for 30 days onwards from the date of termination unless such termination has been made under Section 7; Therefore, we will allow you to take the necessary initiative to retrieve all the data from your account.
- all the rights of the customers as per these terms and services shall immediately cease to be ineffective.
- the customer shall be liable to pay all the dues till the date of termination.
Customers hold harmless us, our affiliates and licensors and every personel of the ThriveDesk form any losses arising out of or relating to any third-party claim concerning the use of our services, breach of this terms of services and/or any dispute between our customer or any other third parties.
It is noteworthy that the customer shall be required to reimburse any attorney fees or cost arising out of any third party claims due to the use of our service by the customer and must agree to the fullest extent to co-operate in order to mitigate the legal process.
The customer shall hold ThriveDesk, its affiliates and their respective employees, officers and directors against any third party claim related to intellectual property derived specifically and precisely from or by the use of Thrive Desk services in the manner by which the customer has been using.
ThriveDesk holds its customers free from any claim related to intellectual property in relation to its product or service sole in the manner as they are being offered to its customer.
THE SERVICE ARE PROVIDED “AS IS” BASIS UNLESS ANYTHING REPUGNANT TO ANY LAW AND ITS APPLICATION DIRECTLY, THAT IS NOT CAPABLE OF BEING WAIVED OR LIMITED, ThriveDesk AND ITS REPRESENTATIVE ARE NOT TO BE LIABLE AND ThriveDesk DOES NOT MAKE ANY REPRESENTATION OR WARRANTIES RELATED TO ANY THIRD PARTY OR CUSTOMERS USE AND TO ITS MANNER OF USE OF CONTENT AND DISCLAIM ALL WARRANTIES OF ANY SORT.
12. Jurisdiction and Applicability
The Terms of Service shall be regulated and all such disputes arising out of these terms of services shall be adjudicated by the applicable laws of Bangladesh and the customer explicitly and irrevocably provide consent to the Terms of Services.
We give serious regards to the European General Data Protection Regulation(GDPR) so far and inasmuch as it does not contradict any specific statutory or other regulatory requirements stipulated by the laws of Bangladesh. Therefore, it must be construed that we include the same as a matter of company policy all the European data protection regulation as mentioned herein into this terms and condition of this agreement, that is as per legally applicable under this agreement in conjunction and without violation of the laws of Bangladesh.
Should you have any queries or questions regarding our Terms of Service feel free to contact us.