These Terms govern your access to and use of the myDeskee helpdesk service (the “Service”). By requesting access, activating a tenant, or using the Service, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind that organisation.
AU · Australian Consumer Law NZ · Consumer Guarantees Act 1993 NZ · Fair Trading Act 1986 Pacific · Local consumer protections
1. The Service
myDeskee provides a multi-tenant helpdesk and support-portal application, including ticket management, knowledge-base hosting, role-based access, audit logging, and related features. The Service is offered through a controlled trial programme; activation of any tenant is by manual approval.
2. Eligibility and accounts
- You must be at least 18 years old and capable of entering into a binding contract.
- You are responsible for the accuracy of the information you provide during signup.
- You are responsible for safeguarding credentials and for all activity that occurs under your accounts.
- You must notify us promptly at [email protected] of any suspected unauthorised use.
3. Acceptable use
You agree not to use the Service to:
- Violate any applicable law of your jurisdiction, including the cybercrime legislation referenced in our Privacy Policy;
- Upload content that is unlawful, harassing, defamatory, infringing, or contains malicious code;
- Attempt to access another tenant’s data, probe the platform for vulnerabilities without our written authorisation, or interfere with other users’ use of the Service;
- Send spam or unsolicited electronic messages in breach of the Spam Act 2003 (Cth) or the Unsolicited Electronic Messages Act 2007 (NZ);
- Reverse engineer, decompile or attempt to derive the source code of the Service except where such restriction is prohibited by applicable law.
4. Packages, pricing and payment
- Packages are sized by user count (Starter / Growth / Professional / Enterprise) as described on our pricing section.
- Pricing is quoted on request and may vary by region, term, and the scope of onboarding agreed.
- Trial subscriptions are offered on terms agreed in writing and do not automatically convert to a paid plan.
- Where a paid plan applies, invoices are payable in the currency and within the timeframe specified in your order.
- We may suspend access to the Service for unpaid invoices after providing reasonable notice.
5. Availability
We make commercially reasonable efforts to keep the Service available. Trial subscriptions are not covered by a published service-level agreement. For paid plans, any SLA is set out in your order or in a separate written agreement. Planned maintenance windows are communicated in advance where reasonably practicable.
6. Your data
- Ownership. As between you and us, you own the data you upload, generate, or otherwise submit through the Service (“Customer Data”).
- Licence to operate. You grant us a limited, non-exclusive licence to host, process and transmit Customer Data solely to provide the Service.
- Confidentiality. We will not access Customer Data except as reasonably necessary to operate and improve the Service, to comply with law, or with your authorisation.
- Export. You may export your Customer Data at any time during your subscription. At termination, an export is provided for a 30-day window.
- Deletion. Following the 30-day export window, Customer Data is securely deleted, subject to retention of backups for a further period as set out in our Privacy Policy.
7. Intellectual property
All rights in the Service, including the software, designs and documentation, remain with myDeskee or our licensors. Nothing in these Terms transfers ownership of our intellectual property to you. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Service during your subscription term.
8. Suspension and termination
- Either party may terminate a trial subscription by written notice.
- For paid plans, termination follows the notice period in your order, or 30 days if not specified.
- We may suspend or terminate the Service immediately if you breach Section 3 (Acceptable use), where required by law, or where continued use poses a serious risk to other users or to the platform.
- On termination, your right to access the Service ends. The data-export window in Section 6 applies.
9. Consumer guarantees and warranties
To the extent permitted by law, the Service is provided “as is”. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by:
- The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) for Australian consumers;
- The Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) for New Zealand consumers;
- Equivalent consumer-protection legislation in your jurisdiction.
Where consumer-guarantee legislation cannot be excluded, our liability for a failure to comply is limited (to the extent the law permits) to re-supplying the Service or refunding fees paid for the Service in respect of the failure.
10. Limitation of liability
To the maximum extent permitted by law, and subject to Section 9:
- Neither party is liable to the other for indirect, consequential, special or punitive losses, or for loss of profits, revenue, business, goodwill, or anticipated savings.
- Each party’s total aggregate liability arising out of or in connection with the Service in any 12-month period is capped at the fees paid (or payable) for the Service in that period, or AUD $1,000 in the case of trial subscriptions that have not yet incurred fees.
11. Confidentiality
Each party will keep the other’s confidential information confidential and use it only for the purposes of the Service. This obligation continues for two years after termination, except for trade secrets, which remain confidential for as long as they retain that character.
12. Force majeure
Neither party is liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, cyclones common to the Pacific region, internet or telecommunications failures, governmental actions, or pandemic-related disruptions.
13. Governing law and disputes
These Terms are governed by the laws of the jurisdiction specified in your order. If none is specified:
- For customers in Australia, by the laws of New South Wales, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales;
- For customers in New Zealand, by the laws of New Zealand, and each party submits to the non-exclusive jurisdiction of the New Zealand courts;
- For customers in Fiji, Papua New Guinea, or other Pacific jurisdictions, by the laws of the customer’s principal place of business, with non-exclusive jurisdiction in that country’s courts.
Before commencing court proceedings, the parties will use reasonable efforts to resolve disputes through good-faith negotiation, including escalation to senior representatives. Where appropriate, the parties may agree to mediation in accordance with the rules of a recognised mediation centre in the customer’s jurisdiction.
14. Changes to these Terms
We may update these Terms from time to time. For material changes, we will give written notice (including by email) at least 30 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. General
- Entire agreement. These Terms, together with any order, the Privacy Policy, and any written agreement signed by the parties, form the entire agreement between us in relation to the Service.
- Severability. If any provision is found unenforceable, the remainder continues in force.
- Assignment. You may not assign these Terms without our written consent. We may assign to a successor entity on notice.
- No waiver. A failure to enforce any provision is not a waiver of our right to do so later.
- Notices. Notices to us should be sent to [email protected].
16. Contact
If you have questions about these Terms, contact us at [email protected].