Terms of service
"Dewak", "Us" and "We" means Dewak, its employees, representatives and contractors.
"Customer", "You" and "Your" means You (an individual or single legal entity), the main account holder.
"TOS" and "Terms of Service" means this document which is available at: http://www.dewak.com/company/termsofservice.html
"Site" means www.dewak.com.
"Service" and "Services" means the Dewak modules, plugins, software modification services, technical support and consultancy sessions, software applications and media delivered through the Site, content and media made available through the Site.
1. Acceptance of terms
1.1 TOS commencement: This TOS applies and commences as soon as the You (a) register for the Services or (b) uses the Services. Either action constitutes Your acknowledgement that You have read, understood, and agree to be bound by the terms set out in the TOS. The TOS is a legal agreement between You and Dewak to use the Services. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates.
1.2 Changes and amendments: Dewak changes the TOS without prior notice. Ultimately, it is the Your responsibility to obtain and revisit this TOS. Changes to the TOS will be effective immediately, and the Your continued used of the Service will constitute acceptance of those changes.
1.3 Violation: If the You find that You have violated the TOS, You shall take all reasonable steps to notify Us of the breach immediately. If You violate the TOS and Dewak suffer any losses or damages as the result of the violation, Dewak reserves the right to bring action against You in order to recover those costs.
1.4 Enforcement: The failure of Dewak to exercise or enforce any right or provision of the TOS shall not be a waiver of that right.
1.5 Changes: This agreement may change from time to time, without notice. Unless otherwise stated by Dewak in writing to You, the version of this document available at this web address - http://www.dewak.com/company/termsofservice.html - supersedes all others.
2. Grant of license
2.1 Reservation of rights: Dewak owns the title, intellectual property, trademarks and copyrights associated with the Services. Dewak reserves all rights that are not granted to the licensee by the TOS.
3. Governance and international restrictions
3.1 United Nations CISG: The United Nations Convention on Contracts for the Sale of Goods do not apply to this TOS.
3.2 International restrictions: You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Services.
4. Conditions and terms of service
4.1 Reselling, time sharing and sub-licensing: You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the TOS.
4.2 Unlawful use and objectionable content: You shall not use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components or infringes on the rights of another party. You shall not modify, adapt or hack the Services to falsely imply any sponsorship or association with Dewak, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
4.3 Responsibility for use: You assume all responsibility for the use of the Services, including but not limited to content and media that is created, uploaded to, downloaded from, transmitted and edited using the Service. You are responsible for any accesses made to the Service.
4.4 Transmission of data: You acknowledge that technical processing and transmission of the Services, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Dewak's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. You shall not use the Services as a proxy between a user and other network data.
4.5 Backups: Dewak takes regular backups of Your modifications only, no private Data or additional information is stored. No guarantees of any kind will be made as to the integrity of these backups. You agree to maintain all appropriate backup of files and data stored on Your servers as You see fit.
4.6 Rights to remove, modify and block content and users: Dewak reserves the right to (a) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (b) refuse any and all current and future use of the Services, suspend or terminate Your account (any part thereof) or use of the Services and remove and discard any of Your content in the Services, for any reason, including, if Dewak believes that You have violated the TOS. Dewak will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Dewak shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
4.7 Data recovery: If loss of data occurs due to an error on Your part Dewak may, at its discretion, offer a data recovery service for a fee of 500.00 USD. No guarantees of Services recovery or availability are provided.
4.8 Unsolicited email: You may not use the Services to send unsolicited email ("spam") to anyone, including mailing lists which You have purchased. If reports of unsolicited email are received, Dewak may suspend Your Services without notice.
4.9 Securing Your authentication details: You undertake to keep all passwords and login credentials secure. If in the case that You suspect a security violation You also undertake to notify Dewak immediately.
4.10 Handling software: You shall not (a) reverse engineer or decrypt any portion of compiled and/or obfuscated source code, (b) give, sell, distribute, sub-license, time share, lease or lend any portion of the software (which forms part of the Services) to anyone or (c) copy any part of the software for use in software or applications outside of the Software.
5. Liabilities, warranties and indemnification
5.1 Disclaimer of warranties: The Service, including the Site and content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, to the fullest extent permitted by law and Dewak expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Dewak does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by You from Dewak or through the Service shall create any warranty not expressly stated in the TOS.
5.2 Indemnification: You must defend, indemnify and hold harmless Dewak from all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Dewak, its agents, its customers, officers and employees, that may arise or result from the Services provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees.
5.3 Notification of claim: In no event will a claim by brought by You unless the licensee has notified Dewak of the claim within one year of it arising.
5.4 Licensee indemnification: If the Service becomes the subject of an infringement on another party's copyright or intellectual property where the infringement has not arisen out of the licensee's modification to the Service or use of the Service in combination with other products, Dewak may remedy the infringement by (a) purchasing license to the infringing part of the Service or (b) replacing the infringing part of the Service or (c) refund any fees paid by the licensee for the Service.
5.5 Data loss: Dewak shall not be held responsible for data hosted on its servers. It is Your responsibility to maintain local copies of their data and maintain proper and sufficient insurance if coverage is required with respect to data loss.
6.1 Dewak will provide free support on the modification for 1 month after deployment.
6.2 Dewak does not provide free upgrades of the modifications/custom modules to higher versions of Kayako.
6.3 We would like to note that our guarantee is only applicable to the solutions delivered by Dewak, where no further changes were made by any 3rd parties or customers themselves. NOTE: if there are any other custom (not standard for Kayako) solutions installed in your system, we will have to merge the files of your Kayako with the files of our module(s). The minimum cost of the merging task is 100 USD.
6.4 In case the Kayako version of the customer has been upgraded, Dewak will upgrade their module by the following fee: 20% of the module's price. Minimal cost: 100 USD.
7. Trademarks and publicity
7.1 Use of names and trademarks: You may use Dewak's name or logos in order to identify Yourself as a customer. You must not make use of Dewak's name or trademarks, unless written permission is obtained from Dewak or otherwise set out in the TOS.
7.2 Disrepute: You must not commit any act where the result of which is the likely disrepute or harming of interests of Dewak's name or the name of its third party suppliers, whether through explicit act or omission.
7.3 Promotional materials and publicity: You permit Dewak to use the licensee in promotional materials and for publicity purposes. You can opt-out at any time by writing to: firstname.lastname@example.org.
8.1 Access to and disclosure of Your Data: Dewak reserves the right to access any or all Your accounts in order to (a) respond to Your requests for technical support and (b) connect anonymized usage data. Dewak shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. Dewak will not disclose Your data except if compelled by law or if permitted by You.
9. Payments, sales and refunds
9.1 Payment of fees: You must pay all fees by the due dates.
9.2 Price changes: Dewak reserves the right to change prices at any time.
9.3 Credit card billing: If You choose to pay by credit or debit card You authorize Dewak to debit Your card. Dewak uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Dewak. Dewak may use Your information in order to perform fraud screening.
9.4 Refunds: There is no specific refund policy. Dewak offers a free 30 day trial that should be used to evaluate and test the Services before purchasing. Any refunds will be made entirely at Dewak's discretion.
9.5 Failure to comply: Dewak may terminate the TOS and Services if You fail to comply with the terms set out in the TOS. No refunds will be made for services suspended or terminated due to violation of this TOS.
9.6 Refusal of sale: Dewak reserves the right to refuse sale of the Software to anyone.