IOdesk Terms Of Service

Valid from May 25th, 2018

1. Overview

Thank you for choosing Xenolith. This Service Agreement applies between Xenolith AB, based in Sweden, VAT reg. No: SE559149908101, hereinafter referred to as "Xenolith" and the customer, hereinafter referred to as "Customer" for Xenolith Services, hereinafter referred to as ”Service(s)”.

By using the IOdesk web site (“Service”), or any services of Xenolith AB, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Xenolith AB reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While Xenolith AB prohibits such conduct and Content on the Service, you understand and agree that Xenolith AB cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

This Service Agreement is approved by the Customer by ordering our Services at the Xenolith website and enters into force when the Customer has received an account and password from Xenolith. This confirms that the Customer has read, understood, and accepted the Service Agreement, the Privacy Policy Agreement and the Personnel Agreement, which is available on the Xenolith website https://www.iodesk.net/Terms-Of-Service

2. Account Terms

  1. You must be 18 years or older to use this Service or have written permission by legal guardian. This does not apply for agents or non-paying customers, only the person/company being billed for using the Service.

  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

  4. You are responsible for maintaining the security of your account and password. Xenolith AB cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws or in EU GDPR).

3. Billing Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. While the account is under a trial period you are also not required to provide a credit card number.

  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Xenolith AB does not accept any liability for such loss.

4. Cancellation and Termination

  1. You can cancel your account at any time either by contacting us at contact@iodesk.net or by logging in on your company admin account, administration and cancel account. At which point your account will be canceled by our team in a timely manner. Your account is considered canceled when you have received an email confirmation of the cancellation from the IOdesk team.

  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

  4. Xenolith AB, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Xenolith AB service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Xenolith AB reserves the right to refuse service to anyone for any reason at any time.

5. Modifications to the Service and Prices

  1. Xenolith AB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the IOdesk Site (https://www.iodesk.net) or the Service itself.

  3. Xenolith AB shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. Copyright and Content Ownership

  1. All content posted on the Service is must comply with Swedish and European copyright law. Content handled by You shall also when conducting business within or with EU-countries follow GDPR.

  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

  3. Xenolith AB does not pre-screen Content, but Xenolith AB and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

  4. The look and feel of the Service is copyright ©2017–2018 Xenolith AB. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Xenolith AB.

7. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

  2. Technical support is only provided to paying account holders and is only available via email or chat.

  3. You understand that Xenolith AB uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  4. 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, Xenolith AB, or any other Xenolith AB service.

  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Xenolith AB.

  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Xenolith AB customer, employee, member, or officer will result in immediate account termination.

  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. If your bandwidth usage exceeds 1000 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Xenolith AB) of other IOdesk customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

  12. Xenolith AB does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

  13. You expressly understand and agree that Xenolith AB shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Xenolith AB has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

  14. The failure of Xenolith AB to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Xenolith AB and govern your use of the Service, superseding any prior agreements between you and Xenolith AB (including, but not limited to, any prior versions of the Terms of Service).

  15. Questions about the Terms of Service should be sent to contact@iodesk.net.

8. Service level

Xenolith undertakes to provide the Service professionally with a goal of 99.95% (or higher) availability per year. If malfunction occurs, Xenolith will promptly correct the error. The Customer shall inform Xenolith as soon as possible of any errors that the Customer becomes aware of in the use of the Service. Error reporting can be done 24 hours a day by email. Xenolith is not liable for errors in the Service caused by Customer's changes or interventions in the Service, or by viruses or any other incidental attack or otherwise outside of Xenoliths reasonable control. Any time when the Service is down, caused by Xenolith or other operator, is not usually compensated.

Xenolith is under no circumstances obliged to compensate the Client for any financial or other damages due to any loss of revenue, business, expected savings, profits, damages, costs or other claims. The Customer agrees that Xenolith uses operators or third parties to process personal information to help Xenolith to deliver the service on behalf of the Customer.

Xenolith continuously performs preventive maintenance actions.

Xenolith offers support for how the Services can be used by email, website and chat.

9. Limitation of Liability

Xenolith is not responsible for any damage caused to the Customer if Xenolith has been prevented from fulfilling its obligations due to law enforcement, government action, war event, strike, blockade, boycott, lockout or other similar action beyond Xenolith's reasonable control. If Xenolith is prevented from performing its obligations due to circumstances mentioned above, Xenolith is entitled to postpone performance until the interference has passed. If the performance of the obligation is delayed by more than 3 months due to any of the above circumstances, the Customer is entitled to, in writing, cancel the Agreement.

10. Disputes and applicable law

This agreement shall be governed by Swedish law. Any disputes and disagreements, alleged breach of the Service Agreement or claims arising or termination in connection with this Service Agreement, shall first be resolved by the Parties through mutual consultation. Disputes arising from this agreement shall be finally reviewed by a public court with Skaraborg District Court, Skaraborgs Tingsrätt, in Skövde, as the first instance.

11. Transfer and migration

The Customer does not own the right, without the written consent of Xenolith, to transfer its rights and obligations under the Agreement. However, Xenolith reserves the right, without the Customer's consent, to transfer the Service Agreement to another company within the same group.

12. Secrecy

Customer may not disclose to third parties any documents or otherwise disclose information about Xenolith's activities that may be considered as a business or professional secret or incidentally related to Xenolith’s internal circumstances, to a degree other than that required for the service implementation. The confidentiality obligation does not apply to publicly known information.

13. Changes to the Terms Of Service

Xenolith AB reserves the right to update this policy at any time with 30-days prior notice. Any significant changes to this policy will be sent out to the account owners registered email address.

14. Welcome as a customer! We at Xenolith are looking forward to working with you!

Visit the website for orders and registering users at https://www.iodesk.net

Adress for visits: Xenolith AB Gothia Science Park Kaplansgatan 16B, Växthuset 541 23 Skövde Sweden Postal adress: Xenolith AB Box 133 S-541 23 Skövde Sweden contact@iodesk.net www.iodesk.net Org nr: 559149-9081