By using the App and/or Site in any manner, including but not limited to visiting or browsing, you (the “user”, “you”, “Customer” or “Tech Provider”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are Tech Providers, customers, vistors, merchants, contributors of content, information and other materials or services on the Site.
What is ServiceDesk
ServiceDesk is an online hub or marketplace that provides Tech Providers a platform to list their services to customers who are seeking a technology professional.
ServiceDesk is a Hub
ServiceDesk acts as a hub to allow users who comply with this agreement, to buy and sell services from one another. ServiceDesk is not directly involved in the transactions between customers and Tech Providers. As a result, ServiceDesk has no control over the quality, safety, morality or legality of any aspect of the listings listed, the truth or accuracy of the listings, the ability of Tech Providers to sell listings or the ability of customers to pay for listings. ServiceDesk does not pre-screen content or information provided by users. ServiceDesk cannot ensure that a customer or Tech Provider will actually complete a transaction. Consequently, ServiceDesk cannot and does not transfer legal ownership of listings from the Tech Provider to the customer.
ServiceDesk cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the App/ Site.
You agree that ServiceDesk is a Hub and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, listings, and links posted by you, other users, or outside parties within ServiceDesk. You use the ServiceDesk Hub service at your own risk.
Age: ServiceDesk services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ServiceDesk may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by ServiceDesk policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by ServiceDesk, each of which is incorporated herein by reference and each of which may be updated by ServiceDesk from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions published by ServiceDesk from time to time. Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ServiceDesk of any unauthorized use of your password or any breach of security. You also agree that ServiceDesk cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than ServiceDesk without ServiceDesk express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell services on ServiceDesk you must provide and maintain a valid Checking account and postal address.
Account Transfer: You may not transfer or sell your ServiceDesk account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: ServiceDesk reserves the right to refuse service to anyone at any time. ServiceDesk services are not available to temporarily or indefinitely suspended ServiceDesk users. ServiceDesk reserves the right, in sole discretion, to cancel unconfirmed or inactive accounts.
Fees and Services
ServiceDesk charges a transaction fee of 10% of the total sales price when the service is booked. Fees are deducted at the time of the booking and placed in escrow until 48 hours after the Service was performed. Once the service completion date/time exceeds the 48th hour, a 10% fee is paid to ServiceDesk and the remainder to the Tech Provider.
Increase to the Fees may happen without any prior notice to you.
Transactions Outside of ServiceDesk
Any transaction that originates from within ServiceDesk (Website or App) but is completed outside ServiceDesk is strctly prohibited.
ServiceDesk is a hub or facilitator of a transaction between a customer and a Tech Provider and does not handle products, nor guarantee the quality or delivery of services offered by Tech Providers. Therefore, there are no refunds offered by or through ServiceDesk. All refunds of services must be handled by the customer and the Tech Provider.
Listing Description: By listing a service on ServiceDesk, you warrant that you and all aspects of the listed service and offer comply with ServiceDesk published policies. You also warrant that you may legally perform the service. You must accurately describe your service and all terms in your listing. Your listings may only include text descriptions, pictures and other content relevant to the service offering. All services must be listed in an appropriate category.
Binding Sale: All bookings and/or sales are binding. The Tech Provider is responsible for completing the transaction with the customer within the specified time listed in the Tech Providers listing, unless there is an exceptional circumstance, such as: (a) the customer fails to meet the terms of the Tech Provider’s listing (such as payment method), or (b) the Tech Provider cannot authenticate the customer’s identity.
Prohibited, Questionsable and Infringing Listings and Activities
You are solely responsible for your conduct and activities while usinf the ServiceDesk Web site. This includes any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, listings, and links (together, “Content”) that you submit, post, and display on ServiceDesk.
Restricted Activities: Your content and your use of ServiceDesk:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not be fraudulent or involve the offering of illegal or fake services
- Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain listings that have been identified as hazardous to consumers
- Must not be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ServiceDesk staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack ServiceDesk or modify another website so as to falsely imply that it is associated with ServiceDesk
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on ServiceDesk
By uploading Content to ServiceDesk you promise that you own and/or have the right to use such Content in this manner and that such content does not infringe any third party intellectual property rights. In the event that ServiceDesk receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate ServiceDesk for any loss suffered. ServiceDesk reserves the right to remove any such Content immediately.
As part of a transaction, you may obtain personal information, including email address and address information, from another ServiceDesk user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ServiceDesk related communications. ServiceDesk has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ServiceDesk user to your email or physical mail list.
Re-Posting Content: By posting Content on ServiceDesk, it is possible for an outside website or a third party to re-post that Content. You agree to hold ServiceDesk harmless for any dispute concerning this use. If you choose to display your own ServiceDesk-hosted image on another website, the image must provide a link back to its listing page on ServiceDesk.
Idea Submissions: ServiceDesk considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible listings sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and ServiceDesk shall not be liable for the disclosure or use of such Material. If, at ServiceDesk’s request, any user sends Material to improve the site (for example to customer support), ServiceDesk will also consider that Material to be non-confidential and non-proprietary and ServiceDesk will not be liable for use or disclosure of the Material. Any communication by you to ServiceDesk is subject to this Agreement. You hereby grant and agree to grant ServiceDesk, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Interactions with other Users and Messaging
Users are solely responsible for interactions with others. Users understand that ServiceDesk does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other ServiceDesk users. Its essentially email, but purely for ServiceDesk users. Messages are primarily intended for communicating about transactions and services that are underway.
- You must not use Messages to send unsolicited advertising or promotions, requests, loans, donations or “spam.
- You must not pass on contact details to circumvent the ServiceDesk booking process.
- You must not pass on email addresses or any other information on to third parties.
- Please use common sense when giving out personal information to others via messaging, for example dont send someone your credit card details.
- You must not use messages to knowingly harass, threaten, blackmail or abuse another user.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means you must not contact another user to buy or sell an listing listed on ServiceDesk outside of the ServiceDesk site. This may also constitute fee avoidance.
- You must not communicate with a user involved in an active or completed transaction to warn the user away from a particular customer, Tech Provider or listing.
ServiceDesk does not control the Content provided by users that is made available on ServiceDesk. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade. By using ServiceDesk, you agree to accept such risks and that ServiceDesk (and ServiceDesk officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on ServiceDesk. Please use caution, common sense, and practice safe buying and selling when using ServiceDesk.
Other Resources: ServiceDesk is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ServiceDesk does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ServiceDesk 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
Resolution of Disputes and Release
In the event a dispute arises between you and ServiceDesk, please contact ServiceDesk.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the United States courts. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release ServiceDesk (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ServiceDesk, for the benefit of users, may try to help users resolve disputes. ServiceDesk does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that ServiceDesk attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. ServiceDesk will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal (Braintree Payments).
ServiceDesk Intellectual Property
ServiceDesk, and other ServiceDesk graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of ServiceDesk and its subsidiaries. ServiceDesk copyright, trademarks, service markers, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, ServiceDesk may, without notice, and without refunding any fees, delay or immediately remove content, warn ServiceDesk community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- ServiceDesk is unable to verify or authenticate any of your personal information or Content.
- ServiceDesk believes that a user is acting inconsistently with the letter or spirit of ServiceDesk policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with ServiceDesk or the actions may cause legal liability or financial loss to ServiceDesk users or to ServiceDesk.
ServiceDesk, Co.., officers, directors, employees, and suppliers provide ServiceDesk’s web site and services “as is” and without any warranty or condition, express, implied or statutory. ServiceDesk, Co.., its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from ServiceDesk, Co.. shall create any warranty.
In no event shall ServiceDesk, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, ServiceDesk, Co.’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
ServiceDesk, Co.’s liability, and (as applicable) the liability of ServiceDesk’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to ServiceDesk, Co.. in the 12 months prior to the action giving rise to liability, or (b) $100.
You agree to indemnify and hold ServiceDesk, Co.. and (as applicable) ServiceDesk, Co.’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
ServiceDesk does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ServiceDesk control or otherwise.
Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any ServiceDesk service and, if applicable, your listing, purchase, solicitation of offers to purchase, and booking of listings. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or bookings of listings you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and ServiceDesk are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
ServiceDesk App/website Hub Service
Choice of Law
This agreement shall in all respects be interpreted and governed by the laws of the United States of America.