Terms and Conditions
The following are terms of accessing and/or using Alertdesks website and service (hereinafter “the Service”). By accepting the terms described in this document (hereinafter “the Agreement”) and/or using the Service, you are stating that you agree to be bound by all terms without modification, conditions, or notices.
Alertdesk was created by and is a service of Alertdesk ApS, CVR. 38786083 (hereinafter “Alertdesk”).
1. Fees and Services
Alertdesk offers a 14 days trial. At the end of a free trial, you agree to either upgrade the account to a subscription plan or discontinue using the Service.
1.2. Subscription plan
Alertdesk offers a range of different subscription plans that are available on either a monthly or annual pre-paid, non-refundable contract.
The price is based on the subscription plan you have chosen. You can see the different plans and prices on our website: alertdesk.com/pricing
All prices are without VAT.
You can pay with VISA and Mastercard.
1.3. Automatic renewal of subscription
All contracts will automatically renew for the same term using the payment method on file unless you change or discontinue the Service, see item 1.6. The new subscription period starts when the previous subscription period ends.
If you are not using the service, we will not consider it as a discontinuance of the service.
1.4. Failed renewal
If we can't renew your subscription, the account will be temporarily suspended. You will receive instructions by email on how to re-activate your account.
1.5. Up- and downgrading the service
To change your subscription plan, you need to sign in to your Alertdesk account and navigate to “Account and Billing” and “Subscription plan” and follow the instructions.
All upgrades are effective immediately, while downgrades are effective as of the next renewal date.
You will not automatically be downgraded to a previous subscription plan if you do not use all available functionality and features in your current plan. If you wish to downgrade to another subscription plan, you must change the subscription settings on your Alertdesk account.
1.6. Changes of conditions
Alertdesk is entitled to change its prices and subscription plans with one month of notice. You will be notified about the changes by the email registered on your account. The changes will take effect as of the next renewal period.
1.7. Cancel subscription
To cancel your subscription, you need to sign in to your Alertdesk account and navigate to “Account and Billing” and “Delete Account” and follow the instructions.
In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You are at all times responsible for any legal obligation to keep your invoices, even after cancelling your account.
1.9. Billing period
To change the billing period, the Customer must log in to his Alertdesk account and go to “Account and Billing” and then “Subscription plan” and follow the instructions.
Changes to the billing period take effect from the next renewal period.
2. Member Responsibilities
2.1. Valid data
To register for the Service, you must complete the registration process by providing Alertdesk with current, complete, and accurate information as required by the registration form. You are solely responsible for all activities and content that are placed under your account (also for users that are created under your account).
Any user of the Service must be a human; users registered by “robots” or other automated methods are not permitted.
2.2. Username and password
You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you and for any use or misuse of your account resulting from any third-party using a password or user name issued to you. You agree to immediately notify Alertdesk of any unauthorized use of your account or any other breach of security known to you.
You agree to let Alertdesk use your organization's logo and company name in its customer list, at other places on its website, and as part of a general list of Alertdesks customers for use and reference in corporate, promotional, and marketing material.
You agree to let Alertdesk continuously sending emails regarding changes and news about the Service.
2.4. Responsible use
The service may only be used for monitoring technical parameters on the Customer's website (hereinafter 'Purpose').
Alertdesk continuously monitors all checks, and if we detect that our service is not being used properly, we reserve the right to delete checks/accounts without further notice.
If you have any questions, please contact us at firstname.lastname@example.org
You agree to indemnify, hold harmless and defend Alertdesk, its contractors, its licensors and their respective directors, officers, employees, and agents, at your expense, from and against any and all third-party claims, actions, proceedings and suits, arising from your use of the Service, including but not limited to your violation of this Agreement. You also agree to indemnify the same against any and all expenses connected hereto, including attorneys' fees.
4. Disclaimer of Warranties
The Service is provided ‘as is.' Alertdesk and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Alertdesk nor its contractors make any warranty that the Service or website will be error-free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of the Service is at your own discretion and risk.
5. Limitation of Liability
Alertdesk will not be liable to you or any third-party claimant for any indirect, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, or other torts, breach of any statutory duty, indemnity or contribution, or otherwise. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
5.2. Exclusion of liability
Some jurisdictions do not allow the limitation or exclusion of liability to the extent stated in item 5.1. In such case, Alertdesk and its contractors' total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the total paid-in fee from you to Alertdesk within the 12 months previous to the date the claim is first brought against Alertdesk.
6. Service Levels
Alertdesk strives to achieve the highest possible uptime but does not guarantee the Service will be operable at all times or during any downtime, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeure.
7. Proprietary Rights Notice
The Service, including any content on the Service and all underlying technology (including all intellectual property rights embodied therein), is and shall remain the sole and exclusive property of Alertdesk and shall be protected in accordance with applicable copyright laws and other legislation. No license to any underlying technology is granted. You will not, nor will you allow any third party to reverse engineer and/or create derivatives of the Service using any method possible. You will not, nor will you allow any third party to modify the Service in any way. You will use the Service solely for your commercial use and will not make the Service available for any type of external service such as, but not limited to, an application service provider.
If you provide feedback, ideas, or suggestions regarding the Service, Alertdesk is free to exploit such feedback fully.
Alertdesk may terminate the Service and/or access to the Service at any time and for any reason without notice.
If you wish to terminate this Agreement or your service, you may simply stop using the Service. However, although this Agreement may terminate between the Service and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
If the Customer terminates the Agreement, the Customer is not entitled to a refund or other refund for an unused subscription period or otherwise.
8.3. Continued applicable regulations
Although the Agreement terminates between Alertdesk and the Customer, there are provisions herein that continue to apply, such as disclaimer, indemnification, limitations of liability and rights to the Service.
Alertdesk shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Alertdesk concerning its subject matter and supersedes all prior statements, agreements, and representations between the parties.
You may not assign or otherwise transfer any of your rights under the Agreement without Alertdesks prior written consent, and any such attempt is void.
Alertdesk is entitled to assign and/or transfer any of its rights or obligations under the Agreement to any third party. Alertdesk shall notify you of such transfer.
The relationship between Alertdesk and you is not one of a legal partnership relationship but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
A party's failure to invoke violation shall not be construed as a waiver also of invoking future violation.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
These terms and conditions may be amended or updated by Alerdesk from time to time. Your use of the Service after any such amendment or update of these terms and conditions shall signify your acceptance of the revised terms and conditions. As a consequence, you are responsible for visiting and reviewing these terms and conditions periodically.
12. Applicable Law and Venue
This Agreement shall be governed by and construed under the laws of the state of Denmark without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Danish law, rules, and regulations, Danish law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Aalborg, Denmark. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default.
Last updated 22-01-2020 (DD-MM-YYYY)