Terms of Service

ChargeDesk is owned and operated by Peter Industries Pty Ltd, acting as The Trustee for Peter Family Trust, trading as ChargeDesk Pty Ltd (ABN 13 588 984 088) registered in Australia ("ChargeDesk"). ChargeDesk provides all the content under this domain, certain related software, and its services to you subject to the following terms and conditions.

By using ChargeDesk you agree to be bound by the latest amended versions of these Terms of Service, ChargeDesk's Privacy Policy, and any Supplemental Terms (as specified below).

Any questions you have about these Terms of Service should be sent to contact@chargedesk.com.

1. Accepting these Terms

1. By using any information, features or functionality located on ChargeDesk.com, or through any Application published by ChargeDesk, or through any ChargeDesk APIs, or through any software or other websites that interface with ChargeDesk.com its Applications or APIs (the "Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
2. If you do not agree with any of these terms, you are prohibited from using the Service.

2. License

1. In consideration for using the Service, ChargeDesk grants you a limited license to access and use the Service. This license does not allow resale of ChargeDesk’s services without ChargeDesk’s written permission.
2. With the exception of using embeddable components offered by ChargeDesk for this specific purpose, you may not frame or utilize framing techniques to enclose any part of the Service without express written consent of ChargeDesk.
3. You may not use the Service for the purpose of copying any feature or functionality offered by ChargeDesk. You may not use any meta tags or any other "hidden text" utilizing ChargeDesk’s name or trademarks without the express written consent of ChargeDesk.
4. Any unauthorized use automatically terminates the permission or license granted by ChargeDesk and may incur legal liabilities for any damages.

3. Account

1. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement.
2. You must be 18 years or older to use the Service.
3. You must be a human. Accounts registered by any automated methods are not permitted.
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
5. You are responsible for maintaining the security of your account, password and any other authentication credentials such as access keys. ChargeDesk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

4. Data Usage

1. We claim no intellectual property rights over the data you provide to the Service.
2. At any time, you may email contact@chargedesk.com to request that all data stored on your account is deleted as per Clause 5.6 of this Agreement.
3. Unless otherwise specified, data recorded by the Service will be stored inside the United States.
4. We take all reasonable steps to protect data we receive from loss, misuse or unauthorized access, disclosure, alteration and/or destruction. We’ve put in place appropriate physical and electronic procedures to safeguard and secure such data.
5. ChargeDesk only processes personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized. We allow our users to view their own personal information, and allow them to correct, amend, or delete inaccurate personal information, except where the burden or expense of providing such access is disproportionate to the individual privacy risk, or where the rights of persons other than the requesting individual risk being violated.
6. In connection with the Service, ChargeDesk may process outside of the European Economic Area ("EEA"), certain Personal Data in respect of which you may be a data controller under applicable EU Data Protection Laws (GDPR). In such case, an additional Data Processing Agreement can be obtained from https://chargedesk.com/docs/GDPR/DPA.
7. You may notify ChargeDesk that your account records personal information subject to Notifiable Data Breach reporting under the Australian Privacy Amendment (Notifiable Data Breaches) Act of 2017. Upon confirmation of receipt of this notification, ChargeDesk will report to you, any data breach involving personal information in your account that is likely to result in serious harm to any individual affected, within 72 hours following ChargeDesk becoming aware of the breach.
8. ChargeDesk does not record or transmit through its servers Personal Account Numbers (PAN) including complete credit card numbers or CVC numbers. ChargeDesk only processes tokenized payment records and associated customer data.
9. If you are subscribed to the ChargeDesk Enterprise plan or higher, you have informed ChargeDesk that your account will contain "Protected Health Information" and ChargeDesk is your "Business Associate" as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, then as of the date that ChargeDesk becomes your Business Associate the HIPAA Business Associate Addendum at https://chargedesk.com/hipaa-baa shall become part of the Agreement.

5. Cancellation and Termination

1. You are aware that ChargeDesk charges a monthly or yearly subscription fee for use of the Service.
2. You are solely responsible for cancelling your subscription. You can do this at any time by logging into your account and going to Account Setup > Billing Details or by sending an email to contact@chargedesk.com.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your current billing period.
4. Upon cancellation of the Service, you are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased.
5. ChargeDesk, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ChargeDesk service, for any reason at any time. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at ChargeDesk’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with ChargeDesk and associated Services. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. ChargeDesk reserves the right to refuse service to anyone for any reason at any time.
6. ChargeDesk will automatically delete all Customer Data (including Personal Customer Data) in your account 90 days after your account is deactivated. This period between deactivation and deletion may allow accounts to be reactivated without loss of data, particularly in cases of nonpayment of fees. ChargeDesk, in its discretion, may delete data in less than 90 days, where storage of such data incurs significant usage of ChargeDesk's infrastructure. You may also email a deletion request to contact@chargedesk.com to request earlier deletion. We will to process deletion requests within 2 business days of the request being acknowledged by our support team. Any backups of data will be deleted within 180 days.

6. Modifications to the Service and Prices

1. ChargeDesk 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 and yearly subscription plan fees to the Service, are subject to change upon 60 days notice from us. Such notice may be provided at any time by email to the billing contact recorded on your account.
3. ChargeDesk, in its sole discretion, may exclude you from future changes to the price of the Service. You may enter into the ChargeDesk Commitment Program to guarantee a price for the Service for a set period of time.
4. ChargeDesk shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7. Modifications to Terms of Service

1. ChargeDesk may update and change these Terms of Service from time to time without notice.
2. 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.
3. You can review the most current version of the Terms of Service at any time at https://chargedesk.com/terms-of-service

8. Publicity

1. ChargeDesk shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the ChargeDesk’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
2. You may email contact@chargedesk.com to request to be excluded from such publicity and ChargeDesk will take all reasonable steps to exclude you from future publicity upon acknowledgement of your request.

9. Warranties, Limitation of Liability and Indemnity

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. ChargeDesk makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. ChargeDesk 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.
2. You expressly understand and agree that ChargeDesk 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 ChargeDesk 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) unauthorised 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.
3. You agree to indemnify and hold ChargeDesk, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

10. General

1. The look and feel of the Service is copyright © ChargeDesk. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from ChargeDesk.
2. 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 ChargeDesk.
3. You understand that ChargeDesk 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 understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. 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, ChargeDesk, or any other ChargeDesk service.
6. We may, but have no obligation to, remove data and accounts containing data that we determine in our sole discretion is 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 ChargeDesk customer, employee, member, or officer will result in immediate account termination.
8. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
9. The failure of ChargeDesk 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 ChargeDesk and govern your use of the Service, superseding any prior agreements between you and ChargeDesk (including, but not limited to, any prior versions of the Terms of Service).
10. Any claim relating to the Service shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions.