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1. Introduction
The following TERMS OF SERVICE AGREEMENT (the "Agreement") details the terms and conditions for HelpDesk Online service provided and administered by Eastwright Corporation (referred to hereafter as "Eastwright" or "we"). This document constitutes a binding agreement between Eastwright and the Eastwright Customer ("Customer" or "you"). The Agreement must be accepted prior to the provision of the Services you order through submission of the registration form (the "Registration"). By ordering the Services, you agree to be bound by the terms and conditions set forth below without modification.
2. Fees and Payment
You shall pay the fees and other charges for each Service as provided in the Registration and this Agreement. Monthly fees are due immediately and are non-refundable. Eastwright reserves the right to change rates by notifying Customer by email thirty (30) days prior to the effective date of the change. You shall make all payments in U.S. currency. Payment could be made either by credit card or check nominated in US currency, payable through U.S. bank. Eastwright reserves the right to suspend or terminate your Account if your account is overdue. Such suspension or termination shall not relieve you of the obligation to pay the fees due. You agree to pay Eastwright its reasonable expenses, including attorney's and collection agency fees, incurred in enforcing its rights under this Agreement.
3. Term and Termination
3.1 In the event you choose to fully register for any of the Services, this Agreement shall become effective upon your completion of the Registration for the applicable Services, and shall continue on a month-to-month basis unless terminated as provided below.
3.2 Eastwright reserves the right to terminate this Agreement and Customer's site for any breach of the provisions hereof as determined by Eastwright in its sole discretion. Eastwright shall have no obligation to refund any of Customer's fees due to early termination of the Account.
3.3 You may terminate the Services at any time by notifying Eastwright; provided, however that should you elect to terminate Services after the first day of the applicable thirty-day billing cycle, Eastwright has no obligation to refund your fees for that month.
4. Responsibility for Customer HelpDesk Operation.
4.1 Customer will be solely responsible for the development of templates and HelpDesk operations, including without limitation:
4.1.1 the accuracy and appropriateness of templates content;
4.1.2 ensuring that the content of templates does not violate or infringe upon the rights of any third party;
4.1.3 ensuring that the content of templates is not libelous or otherwise illegal;
5. Excessive Usage
You agree that a number of customer requests submitted shall not exceed the number as defined by your subscription plan. This usage shall be monitored and measured by Eastwright. Any service requests in excess of the agreed upon number of request submissions per month may result in corrective action by Eastwright, in its sole discretion, including assessment of additional charges according to current fee schedule, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Eastwright elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
6. Customer Communication
Eastwright reserves the right to send Customer service e-mails notifying the Customer of operational or other changes that may affect or significantly change the current services offered. Please note that Customers cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Customers' Eastwright Accounts.
7. Amendments/Modifications
Eastwright reserves the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services set forth in this Agreement, at any time, and to determine whether and when, at its sole discretion, any such changes apply to both existing or future Customers.
8. Acceptable Usage
8.1 Eastwright services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
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