- to the Universal Terms of Use (TOU)
- that you have read and agree to the Privacy Statement
- that you will submit prompt payment in accordance with your account.
This Legal Agreement and all content and services shall be construed and enforced according to the laws of Clinton County in the State of Michigan in the Country of the United States of America. Any dispute under this Legal Agreement and Terms of Use, whether brought in mediation, arbitration, or other legal proceedings shall be adjudicated at a mutually agreeable location in the County of Clinton, State of Michigan, Country of United States of America.
Refunds, Chargebacks, and Fees:
All hosting services are provided subsequent to payment and are non-refundable, unless otherwise specifically stated and agreed to by both parties. We reserve the right to cancel your Account at any time with or without notice. Violations of the Terms of Use will waive any refund policy.
If you ever feel that The HelpDesk incorrectly charged your Account or credit card you must contact us for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $45 chargeback fee. If you do not pay this fee then your Account will be closed.
Credit cards that are declined for any reason are subject to a $5.00 Declination Fee. If your payment by check is returned for any reason you are subject to a $25.00 Returned Check Fee. If you require a paper invoice you are subject to a $4.50 per invoice Paper Invoice Fee. Accounts not paid by the due date are subject to a monthly Late Fee of $10.00 or 12% per year, whichever is greater.
For all declined or returned payments, regardless of source, payment MUST be received within 10 business days of being notified of a returned check or the account will be turned over to our attorneys and/or the District Attorney's Office for collection.
In the event that your Account or Service is suspended service for non-payment or any TOU violation, The HelpDesk reserves the right to charge a Reactivation Fee of $100.00.
If your Account becomes past due for any reason, including a declined, returned, or late payment your Services and/or Account may be suspended or terminated, regardless of delinquency. The HelpDesk may, as a courtesy, send a warning notice prior to disconnection but shall not be required to do so.
Accounts that are not collectable by The HelpDesk may be turned over to a collection agency. If your Account is turned over for collection, you agree to pay a Processing and Collection Fee of not less than $50.00 nor more than $300.00 in addition to any attorney fees necessary for the collection. If you desire to cancel your Account, please follow the proper procedure by contacting us.
Account research and/or account documentation requests will be billed at your standard hourly rates plus any expenses incurred. Our expense rate for producing copies is $0.25 per page.
Additonal fees may be defined and assessed within the TOU policy, Account contracts, or The HelpDesk's standard Service rates and are defined here by way of inclusion.
Invoicing:
The HelpDesk does not typically send invoices via postal mail and is under no obligation to transmit invoices electronically. Customer assumes the responsibility of using the appropriate billing interface provided by The HelpDesk for purposes of reviewing and satisfying invoices. Customer assumes the responsibility of abiding by the terms of sale, including this Legal Agreement and Terms of Use, knowing when payments are due and properly submitting all payments prior to the due date.
The HelpDesk attempts to invoice accounts on a set schedule, but, unforeseen events, Acts of God, court orders, technical issues or other events happen from time to time and thus we cannot promise that every invoice will coincide with a schedule. Further, some services or products have different invoicing or subscription periods which mandate a different invoicing schedule. Delays may also be introduced for reimbursable costs which we may not know until a third-party vendor or partner completes their invoicing, passing it to us and then we will bill after review and on a subsequent invoice. As such sometimes costs are not know at the time service is performed but we make every effort to assist our clients with timely invoices on the schedule set for your account and/or account services.
Account Cancellation:
All requests for Account cancellation must be made via e-mail to billing@thehelpdeskllc.com with a minimum of 30 days prior notice. You must have all Account information to cancel.
Binding Arbitration:
All services provided by The HelpDesk are entered with a Binding Arbitration clause which affects your legal rights and may be enforced by the parties. In the event a dispute shall arise between the parties it is hereby agreed that the dispute shall be resolved through arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
LIMITATION OF LIABILITY:
IN NO EVENT WILL The HelpDesk BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, CLAIMS OR DEMANDS MADE AGAINST YOU BY ANY THIRD PARTY, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF ANY PROVIDED SERVICE BY ANY PERSON, REGARDLESS OF WHETHER The HelpDesk IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, The HelpDesk'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN ALL SITUATIONS, REGARDLESS OF CAUSE, The HelpDesk's TOTAL LIABILITY FOR DAMAGES, COSTS AND EXPENSES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES, OR PAYMENTS, THAT YOU HAVE MADE TO The HelpDesk.
Titles and Headings:
The headings used in this Agreement are for convenience only and are not to be used in construction or interpretation.
Changes to our Legal Agreement:
If we decide to change our Legal Agreement, we will post those changes on this page, and/or update the modification date below.
Updates:
June 6, 2013
Clarified the language regarding Invoicing, Governing Law and Limitation of Liability.
Copyright Notice:
© 2013 The HelpDesk LLC. All rights reserved.
This document was last modified on June 6th, 2013.
