Terms & Conditions

 

TERMS OF USE AGREEMENT

 

1-ACCEPTANCE OF TERMS: If you “Sign-In / Login” to the (Service) e-ServiceTicket.com website app or the e-Service Ticket Field-Mgt mobile app, you consent to the Terms of Use. To retain an electronic copy of this Agreement, you may save it to any word processing program. We provide our Service to you subject to the most recent version of this Agreement. We may update this Agreement at any time, without prior notice to you, by posting a new version on our website at www.e-serviceticket.com. The latest Agreement will be posted on the Site for your review before using the Service. If you do not agree with all the terms and conditions of this Agreement, you must cease using the Service - your continued use of the Service will signify your acceptance of this Agreement. You also agree to be contacted or to receive information, by any means, from our support team members.

 

2-ACCOUNT ACCESS: You must provide your legal full name, a valid email address, and any other information requested in order to complete the account signup process. You must provide a valid email address to become a registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and login PIN #. E-ServiceTicket cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Company Account access is managed and controlled by the Company’s Administrator (CA). Utilizing either the mobile app or website app for business, commerce or related purposes requires that the user must have an active account with a Company Account on e-ServiceTicket.com. E-Service ticket reserves the right to implement a time limitation on the free-use by Individual Account users.

 

3- LICENSE: Subject to the terms and conditions of this Agreement, e-Service Ticket, LLC grants to you a limited, non-transferable, non-exclusive, non-sub licensable, revocable right and license to access and use our Service as an Individual Account and/or Company Account user for the term of this Agreement unless sooner terminated; provided, however, that you may not use the Service in a resale capacity, or process third party data in a commercial service bureau environment, and e-Service Ticket retains all right, title and interest in and to all Service Management Software applications. You agree all Usage Information including traffic information and any data collection from the use of e-Service Ticket that is exclusively used to improve the e-Service Ticket solution shall be our exclusive property. A one-time License Fee is required of all e-Service Ticket Company Account users.

 

4-UNAUTHORIZED USERS: Non-human. Accounts registered by “bots” or other automated methods are not permitted. You agree that you will not use any robot, spider, site search, retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way gather or extract content on or available through the Site or our Service or reproduce or circumvent the navigational structure or presentation of the Site, or our Service.

 

5-UNAUTHORIZED USES: You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You may not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript. The code is e-Service Ticket’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify e-Service Ticket software in any manner or form, nor to use modified versions of e-ServiceTicket software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by e-Service Ticket for use in accessing the Service. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving this or back-up purposes. Individual Account users are prohibited in using the service for business related uses beyond the 30-day free trial period.

 

6-RESTRICTIONS: You shall not; (1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way except as permitted under this Agreement in connection with developing your own service management programs; (2) modify or make derivative works based upon the Service; (3) create Internet “links” to the Service or “frame” or “mirror” any portion of the Service on any other server or wireless or Internet-based device; or (4) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics represented by or incorporated in the Service, or (e) copy any ideas, features, functions or graphics represented by or incorporated in the Service.

 

7-BLOCKING OF IP ADDRESSES: In order to protect the integrity of the Service, e-Service Ticket reserves the right at any time in its sole discretion to block Registrants and Members (Users) from certain IP addresses from accessing the Service.

 

8-AVAILABILITY OF SERVICE: Subject to the terms and conditions of this Agreement, e-Service Ticket will use commercially reasonable efforts to provide the Service for twenty-four hours a day, seven (7) days a week through the term of this Agreement. You agree that from time to time the Service may be inaccessible or impossible to use for various reasons, including periodic maintenance procedures or upgrades, service malfunctions and causes beyond our control or that are not reasonably foreseeable by us, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks or network congestion or other failures (collectively, “Downtime”). E-Service Ticket will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Service in connection with Downtime, whether scheduled or not. E-Service Ticket will not be responsible for any damages or costs incurred by you, including without limitation, lost profits, if any, that may arise in connection with Downtime.

 

9-SUBSCRIPTIONS (Monthly User Fees) & LICENSE FEE:

9-A) General: You (CA) agree to pay e-Service Ticket, LLC the monthly user subscription-fee, as specified on the Billing Information page of your e-Service Ticket Company Account web portal, for each user of your Company Account.

9-B) License Fee: A one-time License Fee per user is required of all users using a Company Account. Contact us at (info@eserviceticket.com) to recieve current License Fee information.
9-C) Payment Method: A valid credit or debit card is required to subscribe to the Service. The monthly Subscription-Fees are paid to e-ServiceTicket through a secure online account for use of the Service. We use the secure Credit/Debit Card processing services of STRIPE and/or PAYPAL. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay E-ServiceTicket for all charges at the prices then in effect for any use of the Service by you and other persons, including the Individual Account users connected to your Company Account that is managed by you. You (CA) authorize E-ServiceTicket to charge your credit or debit card each month for the Service. You agree to make the automatic payment using the Payment Method noted above. E-ServiceTicket reserves the right to correct any payment errors or mistakes even if it has already received payment. If E-ServiceTicket does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand. E-Service Ticket has the right to terminate service for full or partial non-payment.
9-D) Auto-Renewal: The Subscription payment credit/debit card used will be automatically charged each month for the use of the service for the following month. The Company Account Subscription-Fee payments (monthly) will be made on the same day of each month or the closest billing day to that day. The full payment is due on the billing date after the 30-day free trial period has ended. All subscriptions will automatically renew each month unless The Company Account is cancelled by the CA. You (CA) will not receive further notice of auto-renewal.
9-E) Surcharge Fee:  E-ServiceTicket reserves the right to charge users for excessive use of web services and data resources.

9-F) Current Information Required: You (CA) must provide current, complete and accurate information for your billing account. You (CA) must promptly update all information to keep your billing account current (maintain active credit card on file from the Billing Information page). Changes and updates to Company Account information and Credit Card information can be made on your Company’s Account portal. It is your (CA) responsibility to keep your company’s billing account current. If you fail to keep your billing account current, you agree that e-service ticket may continue charging you for any use of the service under your billing account unless you have terminated your subscription for the service by canceling you Company Account.
9-G) Change in Subscription (User Fee) Amount: If the Individual Account monthly User Fee amount is to be changed, you (CA) will receive notice of the new monthly User Fee amount with a 30-days’ notice before the scheduled date of the transaction. The Notice will be sent to the email address currently associated with the CA account.
9-H) No Refunds:  If you elect to cancel your subscription to the Service at any time or day of a Billing Period, you will not receive a refund on the Current User Fee’s previously paid to e-Service Ticket.
9-I) Auto-renewal: Your e-Service Ticket subscription will be automatically extended for successive monthly renewal periods unless you (CA) cancel your Company Account.

9-J) Cancellation: You the Company Administrator (CA) is solely responsible for properly canceling your Company Account. The Company Account and the Credit Card charges for the Active Users connected to the Company Account are easily cancelled. The account cancellation process requires the CA to open to the Billing Information page on the Company Account portal and select the “Cancel Account” button, it’s that simple. E-Service Ticket is not responsible for retaining a Company’s Content from the Service upon cancellation. When canceling an account, users won’t be eligible for a prorated refund of any portion of the subscription fees paid for the then current subscription period. 

9-K) Collection: A Company’s CA will pay on all amounts past due that have not been disputed specifically in writing and in reasonable good faith. An interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment or the maximum rate permitted by law will be charged for past due payments.

9-L) Reaffirmation of Authorization: Your non-termination or continued use of the Service reaffirms that e-Service Ticket is authorized to charge your Company Account Payment Method. E-ServiceTicket may submit those charges for payment and you (CA) will be responsible for such charges. This does not waive E-ServiceTicket’s right to seek payment directly from you.

 

10-MODIFICATIONS TO SERVICE: E-ServiceTicket reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that e-Service Ticket shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, in whole or in part.

 

11- TERM AND TERMINATION: This Agreement shall commence upon you signing-up for an account and shall continue thereafter until the account is terminated. Either party may terminate this Agreement and a user’s account at any time for any reason. Although, either party may terminate a user’s account at any time for any reason or no reason, e-Service Ticket will make every effort to give ample notice to the CA so that an issue can be rectified to avoid an account being terminated. 

 

12-LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because e-Service Ticket has no control over such sites and resources, you acknowledge and agree that e-Service Ticket is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any third-party content, advertising, products, functionality or other materials on or available from such sites or resources. You further acknowledge and agree that e-Service Ticket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party Content, goods, or services available on or through any such site or resource.

 

13- INTELLECTUAL PROPERTY OWNERSHIP: The term “Intellectual Property Rights” means any and all now known or hereafter known tangible and intangible (i) rights associated with works of authorship throughout the universe, including, but not limited to, copyrights and moral rights, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual property and industrial property rights of every kind and nature throughout the universe and however designated, whether arising by operation of law, contract or license, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). You agree that e-Service Ticket, LLC shall retain all right, title and ownership in and to the Service, the Site, Service Management Software, and all Content we provide you in connection with the Service, including, without limitation, all related Intellectual Property Rights represented by or embodied in our Service, Site, Service Management Software or Content. The term “Content” shall refer to all information, data, text, graphics or other materials we make available to you in connection with the Service. You shall have no rights in such Service, Site, Service Management Software or Content other than the limited right to use such Service, Site, Service Management Software or Content as provided herein. We will also own all right, title and interest in any suggestions, ideas, enhancements, requests, feedback, recommendations and other information you provide us relating to the Service.

 

14-INDEMNITY: You agree to indemnify and hold e-Service Ticket, LLC and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, your connection to the Service, any content you create, manage or control in connection with the Service, your violation of the terms of this Agreement, or your use of the Service in violation of any third party rights.

 

15-DISCLAIMER OF WARRANTIES: You expressly understand and agree that your use of the Service is at your sole risk. The e-Service Ticket service is provided on an “as is” and “as available” basis. In the event of system or component failure, it is possible that for a certain period of time, you may not be able to enter new transactions, execute existing transactions, or modify or cancel transactions that were previously entered. System or component failure may also result in loss of orders or priority. E-Service Ticket and its affiliates, officers, employees, and licensors expressly disclaim all warranties of any kind, whether express, statutory, or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or use, availability, non-interference with your enjoyment of the site or Service and non-infringement. E-Service Ticket and its affiliates, officers, employees, and licensors make no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, completely secure, without delay, free from service degradation or error-free; and/or (c) the results that may be obtained from the use of the Service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from e-Service Ticket or through or from the Service shall create any warranty not expressly stated in this Agreement.

 

16-LIMITATION OF LIABILITY: You expressly understand and agree that e-Service Ticket, LLC and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you (whether in contract or based on warranty, negligence, tort, strict liability or otherwise) for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if e-Service Ticket has been advised of the possibility of such damages), resulting from the use of, or the inability to use, our site or Service. In any event, our total aggregate liability arising from or related to this Agreement or the Service shall be limited to your direct damages, not to exceed the fees actually paid to us during the most recent six-month period immediately preceding the earliest event giving rise to our liability under this Agreement.

 

17- DISPUTES: Except for the right of a party to apply to a court for a temporary restraining order, preliminary injunction or other equitable relief, any controversy or claim arising out of or relating to this Agreement that cannot be resolved through negotiation will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If the parties cannot agree on a single arbitrator, the arbitrator will be selected by the American Arbitration Association. All arbitration proceedings will occur in English and will be held in Norristown, Pennsylvania, USA. The parties agree that any dispute resolution proceeding will be conducted on an individual basis and not as a class or representation action. Neither you nor e-Service Ticket, LLC shall be a member of a class, consolidated or representative action or proceeding. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration shall be borne equally by the parties. Neither party nor the arbitrator may disclose the existence or results of any arbitration hereunder. The authority of the arbitrator to award damages in any event is and shall be limited by this Agreement.

 

18- MISCELLANEOUS: The following applies; (a) Entire Agreement. This Agreement constitutes the entire agreement between you and e-Service Ticket and governs your use of the Service, superseding any prior or contemporaneous agreements between you and e-Service ticket with respect to the Service, whether written or oral. (b) Choice of Law and Forum. This Agreement and the relationship between you and e-Service Ticket shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Montgomery, Pennsylvania. (c) Waiver and Severability of Terms. The failure of e-Service Ticket to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. (d) Force Majeure. No party shall be liable to any other party for any failure or delay caused by force majeure and similar events beyond any party’s reasonable control, including, without limitation, acts of nature, terrorist acts, sabotage, or accidents. This force majeure provision shall not be applicable to your payment obligation under this Agreement. (e) Assignment. You may not assign this Agreement without our prior written approval. Any purported assignment in violation of this section shall be void. Any permitted assignment shall inure to the benefit of and be binding on the assigning party’s successor and assigns. (f) No Third-Party Beneficiaries. The Agreement does not create any unintended third party beneficiary rights.
 

19-CONTACTING US: If you have any questions or comments, please feel free to email us at, info@eserviceticket.com.

 

Terms of Use was last modified on 03/01/18

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