Last updated: 25 May 2020
This Terms of Service agreement ("Terms"), is entered into between Strix Technology (Pty) Ltd T/A Deskdragon, with registered address at 581 Opstal Street, Die Wilgers, Pretoria, South Africa ("Deskdragon,” "we,” "our,” or "us”) and you ("you” and "your”) regarding your use of Deskdragon’s apps and services (the "Service”), whether accessed via a web browser at deskdragon.com (the "Website”), or via a mobile phone or other device.
By paying for the Service, accessing it, or using the Service, you represent that you have the legal authority to enter into these Terms, and you agree to be bound by these Terms.
Henceforth in these Terms, you are a "Subscriber” if you have a valid subscription to the Service, and you are a "User” if you access the Service using the credentials ("Account Credentials”) that is linked to a Subscriber.
Subject to these Terms, Deskdragon hereby grants each User a non-exclusive, limited, non-transferable, revocable license to access and use the Service during the term of the Subscriber’s subscription to the Service.
A Subscriber must ensure its Users’ compliance with this Agreement, and Subscribers shall be responsible and liable for any User’s non-compliance with this Agreement.
As a User you must not:
Deskdragon may modify, add, or remove features or functions from the Service, or suspend the Service or any portion thereof, without notice or liability to you or to any third party. In the event of a scheduled suspension of the Service, Deskdragon will use reasonable efforts to provide you with as much notice as is possible under the circumstances. You agree that Deskdragon will not be liable to you for any modification, or suspension of the Service or any features or functions thereof.
Deskdragon invoices all charges and applicable taxes and fees annually or monthly in advance, at the rates agreed upon in writing, or at the rates published on the Website. To activate a Subscriber’s subscription to the Service, the Subscriber must either provide an executed Purchase Order to Deskdragon, or opt-in to payment by entering valid credit card information via the Website.
If payment for the Service is by credit card, the Subscriber authorises Deskdragon to automatically charge any amounts payable by the Subscriber in connection with the use of the Service.
Annual subscription fees for the Service represent payment for 12 consecutive months commencing on the date the Subscriber first activates the Service subscription ("Subscription Start Date”). If a Subscriber cancels its Service subscription prior to the end of the annual period, the Subscriber will not receive a refund or credit for the unused portion of Subscriber’s subscription period. At the end of the annual period, the Subscriber’s subscription will automatically renew for a subsequent 12-month, unless the Subscriber chooses to switch to an alternate pricing plan or cancels its subscription to the Service prior to the anniversary of the Subscription Start Date.
If additional licenses are purchased before the renewal of the Service subscription, then a pro-rated amount may be charged for the period between the purchase date and the renewal date.
If payment is made via bank or wire transfer, then a fixed transaction fee may be levied at the discretion of Deskdragon.
Prices and charges relating to the Service are posted on the Website. Deskdragon may change the prices and charges for the Service from time to time. Deskdragon may decrease prices without providing notice. Increases to prices for the Service are effective no sooner than thirty days after the Subscriber is notified of the changes via an electronic notification to the email address registered on Subscriber’s account. Any price changes for subscriptions to the Service will only take effect upon the Subscriber’s renewal of its subscription to the Service.
If payment is not received within the required invoice payment terms, or if Deskdragon is unable to renew the Subscriber’s plan using the latest payment information on hand, then Deskdragon may suspend the Subscriber’s and its Users’ ability to access the Service until payment is received.
The Subscriber must notify Deskdragon within thirty days after receiving its credit card statement or invoice, otherwise any such dispute will be deemed waived.
If a Subscriber's card is erroneously charged, then a refund will be issued within seven days of being notified of the incorrect charge. Once a refund has been issued, Deskdragon cannot guarantee when the refund will reflect in the Subscriber’s bank account, although this typically occurs in five to ten business days.
To the fullest extent permitted by law, you agree that Deskdragon will not be liable for any losses, expenses, damages, and costs, including legal fees ("losses”) however arising and whatever the cause in connection with the use of the Service. Notwithstanding the foregoing, should Deskdragon not be permitted to lawfully limit its liability, Deskdragon’s aggregate liability for damages arising out of or in connection with these Terms, the performance of the Service, or Deskdragon’s performance of its obligation herein, will not exceed the Subscriber’s current annual Service Fees paid by the Subscriber for the Service.
Deskdragon represents and warrants that the Service will conform in all material respects to the specifications as published on the Website. In the event the Service fails to perform at any time while you have an active subscription to the Service and you notify Deskdragon, then Deskdragon will repair the Service or non-conforming portion thereof free of charge ("Support Services”). For the avoidance of doubt, Support Services do not include (i) visits to Subscriber’s facilities; (ii) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; and (iii) any work with any third-party equipment, software, or services.
Deskdragon will employ reasonable measures to provide you with access to the Service. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, emergency repairs, or due to the failure of telecommunications links or equipment or other circumstances that are beyond Deskdragon’s control. Deskdragon will take reasonable steps when possible to minimise such disruptions within Deskdragon’s control. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
Except as described above, the Service is provided to you on an "as is” and "as available” basis, without warranties of any kind, and Deskdragon hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Deskdragon provides no warranty that the service will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the service is free of harmful code; that the service will otherwise meet your needs or expectations; or regarding any hardware or equipment that may be required to use the service.
All title and intellectual property rights in and to the Service are owned exclusively by Deskdragon, subject to the rights granted herein, and the Subscriber is and will remain the sole and exclusive owner of all right, title, and interest in and to all Subscriber data, including all intellectual property rights therein and thereto, subject to the licenses granted herein to Deskdragon. You are a subscriber to the Service; the Service is not sold to you. No title to or ownership of the Service, or any proprietary rights related to the Service, is transferred under or by these Terms. Deskdragon reserves all rights in and to the Service not expressly granted to you under these Terms. Further, these Terms do not authorise you to use any name, trademark or logo of the Service.
The Service may incorporate the use of external party software and services, including, but not limited to, Android and the Android Play Store.
You acknowledge that Deskdragon does not render legal services, and that you will remain solely responsible for familiarising yourself with and complying with the terms and conditions governing the use of external party software and services.
Deskdragon accepts no liability whatsoever for your failure to comply with the terms and conditions governing the use of external party software and services, nor the content contained therein.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, any hardware devices, software, operating systems and the like (collectively, "Equipment”). You are also responsible for maintaining the security of the Equipment and your Account Credentials, and for all uses of your accounts or the Equipment with or without your knowledge or consent.
During the trial period of the Service, if applicable, and notwithstanding any of the provisions set out herein, either party may terminate these Terms without notice.
Once subscribed, these Terms may be terminated on the last day of the Subscription, if the Subscriber cancels the Subscription via the administrative interface on the Website before the renewal date of the Subscription. The Subscriber may also terminate these Terms at any time, for any reason, by providing 30 days’ prior written notice to Deskdragon; however, in such an event the Subscriber will not receive any refund of fees already paid for the Service.
Deskdragon may suspend or terminate the Subscriber’s access to the Service or to any features or portions thereof, or may terminate these Terms, at any time if the Subscriber violates these Terms (including any failure to pay amounts when due), and Deskdragon will use reasonable efforts to provide the Subscriber with notice in such an event. If Deskdragon suspends the Subscriber’s access to the Service, Deskdragon will promptly restore Subscriber’s access to and use of the Service once the event giving rise to the suspension has been resolved to Deskdragon’s satisfaction. If 30 days pass from the date of such suspension and the Subscriber has not resolved the circumstances that led to the suspension, Deskdragon may permanently remove or delete any information that the Subscriber may have on file with Deskdragon, including any data, content, or accounts.
Save as expressly stated to the contrary herein, the Subscriber will not be entitled to cede, delegate, assign or otherwise transfer all or any of its rights, interests or obligations under and/or in accordance with these Terms, other than as provided for in these Terms, except with the prior written consent of Deskdragon. Deskdragon will, at its discretion, be permitted to cede and assign any of its responsibilities in accordance with these Terms.
If a court of competent jurisdiction finds any clause or term of these Terms to be invalid, unenforceable, or illegal, then the remaining terms and provisions of these Terms shall be deemed to be severable therefrom and shall continue in full force.
The Parties agree to first resolve any dispute informally, as between the Parties. Should such attempt at resolution fail, submit any dispute or difference between them arising out of these Terms to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.
The Arbitration will be held in the English language in Cape Town or Johannesburg and in accordance with South African Law. There will be one arbitrator, who will be, if the question in issue is:
These Terms constitute the entire agreement and understanding of the Parties and supersedes and merges any and all prior proposals, understandings and agreements, oral and written, between the Parties concerning the subject matter hereof.
If you have any questions or concerns regarding these Terms, please contact us at [email protected]