Agreement for using the website and software "ServiceCommunicator"
(1) Definitions
YouAtNotes: is the provider of the software "ServiceCommunicator". You can contact YouAtNotes using the contact information given in the imprint.
Software: describes the set of features of the product "ServiceComunicator" as defined in the feature list found at "http://servicecommunicator.com".
Software-Instance: is one copy of the software which provides the features to one customer and is rented from YouAtNotes by the customer.
Level: describes a specific set of features for the software, packaged into one specific offer with a certain price.
Customer: is a person, a company or organization which rents the software from YouAtNotes for their own use.
Vistor: is a person, a company or an organization which uses the software-instance of a customer.
servicecommunicator.com: is the website at the URL "http://servicecommunicator.com". This website describes the features of the software and provides a process for registering and requesting a software-instance.
Payment information: is the data from a customer needed for charging payments, like a credit card number.
Payment provider: is a third party company which handles all payment processes for YouAtNotes. At this time this is "2checkout.com", but YouAtNotes is free to change the payment provider anytime without notice.
(2) Coverage
This agreement governs the relationship between a customer and YouAtNotes.
(3) Subject
YouAtNotes is the provider of the software, and customers can rent a software-instance from YouAtNotes. This software-instance will be provided and run by YouAtNotes, but used by the customer to provide services to his visitors.
Using the software-instance is free during a test period and with costs after that test period, if the software-instance's level description does not say otherwise on servicecommunicator.com.
The purpose of the software is to provide customer service in the web. A detailed description of the contained features is available at servicecommunicator.com.
(4) Beginning of the contractual relationship
The agreement begins when a person, a company or an organization registers at servicecommunicator.com and requests a software-instance.
After YouAtNotes makes this software-instance available ("deployment") the person, company or organization becomes a customer.
(5) Registration and deployment of a software-instance
A person, a company or an organization can register at servicecommunicator.com and request a software-instance.
The following information has to be given truthfully during the registration:
- the name of the person, company or organization
- a valid postal address
- a valid phone number (if required, depending on the level)
- a valid E-mail address which is being checked in regular intervals
- the fullname of an authorized person for the company or organization
- a password
Depending on the level it may be necessary to provide payment information during the registration.
After the registration and - depending on the level - validation of the payment information YouAtNotes deploys the software-instance.
YouAtNotes can refuse the deployment without giving a reason. In this case YouAtNotes will send a note to the E-mail address given by the customer.
The name, E-mail address and password are combined to a login. The customer is aware that third parties could abuse his software-instance with that login, therefore the customer makes sure the login is not exposed to third parties.
YouAtNotes does not take any responsibility for the abuse of a software-instance.
The customer commits himself to use the software-instance for his own needs only and never leaves the ownership to a third-party.
(6) Test period
Depending on the level YouAtNotes grants a test period of the software-instance free of cost.
During the test period the customer can use all features of the chosen level.
The length of the test period is defined in the feature description on servicecommunicator.com. The remaining time of the test period is displayed in the configuration section of the software-instance.
After the test period has expired the customer may:
a) continue to use the software-instance with monthly costs
b) cease the usage of the software-instance
(6a) Further usage after the test period
If the customer continues to use the software-instance after the test period, monthly fees apply as defined in the level's description on servicecommunicator.com.
(6b) Cancellation during the test period
The customer can cancel using the software-instance anytime during the test-period by using a designated button in the configuration section of the software-instance. YouAtNotes will confirm the cancellation via E-mail.
(7) Payments
Payments are being processed automatically using the payment information the customer gave during the registration or during the test period. Payments are due monthly in advance at the beginning of a month, at the 10th work day at latest.
The payment processing is done by a third-party payment provider who may work as a reseller. After a payment was processed the customer gets a notification/invoice via E-mail from that payment provider.
(7a) Storing payment information
The customer gives payment information such as, but not limited to, credit card information. These payment information is not stored at YouAtNotes, but only at the payment provider. The payment provider take measures of his own ot ensure the security of the customer's payment information.
(7b) Secure payments
The payment provider is responsible for all payment processes and ensures highest security standards.
(8) Failed payments / wrong or expired payment information
If a payment fails due to wrong payment information or other reasons, the customer needs to solve the issue (for example, by updating the payment information) and notice YouAtNotes that the problem is resolved, so that YouAtNotes is able to trigger the payment again.
If this payment (and subsequent payments) fails, too, YouAtNotes will cease running the software-instance. Visitors will see a neutral message informing them that the service is temporary down.
YouAtNotes will store the software-instance for up to three months, so that the customer can re-enable it when payments are made again. After three months YouAtNotes will delete the software-instance with all it's data.
(9) Price changes
YouAtNotes may change prices at any time and will inform existing customers via E-mail. An existing customer can object against a price change and cancel the agreement without respite.
Existing customers keep the old prices for three months after YouAtNotes published the new prices on servicecommunicator.com.
(10) Cancellation during current usage
A customer can cancel this agreement at any time to the end of a month with a respite with one month.
The cancellation is expressed by clicking a designated button in the configuration section of the software-instance. After expressing the cancellation the customer gets a confirmation via E-mail which contains the date when the cancellation becomes effective. The customer cannot use the software-instance after this date anymore.
Until the cancellation becomes effective the customer can export all data with the build-in export functionality. After the cancellation became effective YouAtNotes will delete the software-instance and all it's data.
(11) Cancellation by YouAtNotes
YouAtNotes is allowed to duly cancel the agreement with respite of three months to the end of a month.
YouAtNotes is allowed to cancel the agreement for important reasons without respite. An important reason occurs if YouAtNotes cannot be expected to honor the respite of a duly cancellation.
In this case YouAtNotes will refund payments that excess the current month.
Important reasons are explicitly, but not limited to:
- the customer violated terms of the agreement culpably
- the customer leaves the ownership of the software-instance to a third party
- the customer delays payments for two months or more
(12) Update / Downgrade
The customer can change the level at anytime by using a designated button in the configuration section of the software-instance and pays the price for the new level from the next payment period on.
When changing to a lower level the functionality of the software-instance will be limited as defined in the level's description on servicecommunicator.com.
(13) Relationship between YouAtNotes and visitors and the customer and visitors
YouAtNotes has no contractually relationship to visitors and has no influence of the relation between the customer and visitors.
YouAtNotes does not guarantee that visitors gave correct information about their identity during the registration at servicecommunicator.com.
(14) Availability
There is no guaranteed availablity of the software-instance if YouAtNotes and the customer didn't concluded a written contract about a guaranteed availability.
(15) Responsibility and Backup of Data
The customer is responsible for all data in his software-instance and cares for backup (using the build-in export functionality of the software-instance).
Depending on the level the customer can order an additional backup service (bound to additional costs) which covers backup services by YouAtNotes.
(16) Valid contact data and illegal content
The customer makes sure that his contact data stored in the configuration section of the software-instance (postal address, E-mail address and phone number) is always correct.
The customer is responsible for all content stored in his software-instance and takes care that his software-instance does not contain any content that violates the law of the country the customer is based in.
Furthermore the customer takes care that his software-instance does not contain any content that:
- contains non-public data about people (for example: phone numbers, postal addresses)
- is racist or pornographic or violates protection of minors laws
- is offending against other people
- violate basic human rights
- violate international copyrights
- asks for law violations
- contains malware like viruses, trojans or other programs that are inteded to abuse the computer of visitors
- contains software that affects the functionality of the software-instance
If YouAtNotes is sued because of such content the customer undertakes every effort to help YouAtNotes to defense the case and pays all necessary charges.
If such a illegal content is brought to attention to YouAtNotes, YouAtNotes is allowed to block access to the software-instance for visitors as long as such illegal content is present in the software-instance.
(17) Final clauses
German law applies. Court of jurisdiction is Hamburg, Germany.
YouAtNotes reserves the right to modify these Terms of Service at any time and will notify the customer via E-mail. If the customer does not object in two week's time after the notification was sent, the modified Terms of Service are considered as accepted. | |