Subscription Agreement and Terms of Service
Your subscription allows your company & affiliates to make use of the OrgChart Now software as long as you have an active subscription. Support and maintenance is included with all active subscriptions. Access to all software updates and patches is included with all active subscriptions.
Maintenance & Support
Maintenance and Support includes e-mail and web support. We respond to most requests same business day. In most cases we can resolve any questions same day and will give you a support status call on any issue that is reported within 1 business day.
Training is provided via LMS (Learning Management Software). We request that an individual within your company serve as a single point of contact to coordinate the training and use of the software.
Your OrgChart Now account will be activated upon receipt of payment or purchase order.
For cloud customers, we strive to make sure that OrgChart Now is available 99.8% (or more) of the time during a monthly period. In order to achieve this goal, we select hosting providers that provide a service commitment 99.9% (or more). We use commercially reasonable methods such as monitoring services to notify our team of any down time so that we can quickly address any interruptions to our service. Service credits are not available per our standard subscription agreement.
Backup and Recovery
We rely on our hosting providers to provide backup services. Our servers are backed up on a daily basis. In the event of a catastrophic failure, we will restore a system from storage within one business day of failure. On premise customers are responsible for backup of their servers.
OrgChart Now Terms Of Service
By using the OrgChart Now service (“OrgChart Now”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). OrgChart Hosting Pty Ltd 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 OrgChart Hosting Pty Ltd prohibits such conduct and Content on the Service, you understand and agree that OrgChart Hosting Pty Ltd 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.
- You must be at least 13 years old to use the Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- 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 permitted by your plan.
- You are responsible for maintaining the security of your account and password. OrgChart Hosting Pty Ltd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have user accounts under your account).
- 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 (including but not limited to copyright laws).
- You acknowledge that your account is associated with a specific subscription plan.
- A plan may limit access to certain features.
- A plan may limit the number of unique records (typically employee records) that can be charted within the associated account.
- A plan may limit the maximum amount of storage that can be used by a given account.
- A plan may limit the number of people allowed access to the Service.
- OrgChart Hosting Pty Ltd reserves the right to audit any account at any time. If a plan limit is exceeded, you will be required to upgrade your plan to match the required record count or storage need. If do not pay the upgrade fee to OrgChart Hosting Pty Ltd within fifteen (15) days of demand, OrgChart Hosting Pty Ltd may disable your account without refunding any subscription fees.
Payment, Upgrading and Downgrading Terms
- If you don’t cancel your account 30 days prior to expiration of your annual subscription, you will be billed for the next annual subscription period.
- The Service is billed in advance on a monthly or annual basis (depending on your subscription term) and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- 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, excluding only United States (federal or state) taxes.
- Downgrading your Service may cause the loss of features or capacity of your account. OrgChart Hosting Pty Ltd does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. If you do not receive confirmation within 5 business days of cancelling your account, email email@example.com confirm cancellation of your account.
- All of your content will be immediately deleted from the Service upon cancellation. OrgChart Hosting Pty Ltd does not guarantee that your information can be recovered once your account is cancelled.
- If you cancel the Service before the end of your subscription period, your cancellation will take effect immediately and you will not be charged for the next subscription period.
- OrgChart Hosting Pty Ltd, 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 OrgChart Now service, with a 30 day notice. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account. Your content may also be deleted. OrgChart Hosting Pty Ltd does not guarantee that the content can be recovered once your OrgChart Now account is deleted.
- OrgChart Hosting Pty Ltd reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- OrgChart Hosting Pty Ltd reserves the right at any time and from time to time to modify or discontinue, the Service with a reasonable notice.
- Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 day notice from us, and will be applicable only to the subscription plan period. Such notice is required to be provided to Customer in writing and formally delivered by way of postal mail or electronic mail to an authorised signatory or his/her designee.
- OrgChart Hosting Pty Ltd agrees not to apply any upward price adjustments until the current subscription period has terminated.
- OrgChart Hosting Pty Ltd shall not be liable to you or to any third party for any modification, price change or, suspension of the Service.
Copyright and Content Ownership
- All content posted on the Service is must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- OrgChart Hosting Pty Ltd does not pre-screen Content, but OrgChart Hosting Pty Ltd and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- The look and feel of the Service is copyright © 2014-2020 OrgChart Hosting Pty Ltd. 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 OrgChart Hosting Pty Ltd.
Agreement to Arbitrate
- You and OrgChart Hosting Pty Ltd each agree that any and all disputes or claims that have arisen or may arise between you and OrgChart Hosting Pty Ltd relating to your use OrgChart Now Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
- You agree to resolve any dispute within the Republic of South Africa.
- You agree to arbitration under South African Arbitration Association’s rules for arbitration.
- You agree that any claim you may have arising out of or related to your relationship with OrgChart Hosting Pty Ltd must be filed within three months after such claim arose; otherwise, your claim is permanently barred.
- These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders. OrgChart Hosting Pty Ltd reserves the right to determine the communication methods (e.g. email, chat, telephone, etc.) that are used for technical support.
- You understand that OrgChart Hosting Pty Ltd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All hosting partners are required to meet or exceed industry standards with respect to information security best practices.
- 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, OrgChart Hosting Pty Ltd, or any other OrgChart Now service.
- 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 OrgChart Hosting Pty Ltd.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OrgChart Hosting Pty Ltd customer, employee, member, or officer will result in immediate account termination.
- If your bandwidth usage exceeds 100 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by OrgChart Hosting Pty Ltd (OrgChart Now), we reserve the right to disable your account or throttle the service until you can reduce your bandwidth consumption.
- OrgChart Hosting Pty Ltd 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.
- You expressly understand and agree that OrgChart Hosting Pty Ltd 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 OrgChart Now 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.
- The failure of OrgChart Hosting Pty Ltd 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 OrgChart Hosting Pty Ltd and govern your use of the Service, superseding any prior agreements between you and OrgChart Hosting Pty Ltd (including, but not limited to, any prior versions of the Terms of Service).
- You agree not to reverse engineer, decompile, or disassemble the software in whole or in part or otherwise reconstruct or discover any source code to the software, or attempt to do so, except and only to the extent that such activity cannot be restricted under applicable law. You agree not to translate or modify the software in any way or create derivative works of the software, or attempt to do so.
- You agree not to use the Software on a service bureau, application service provider, or time sharing basis.
- Customer may not assign or transfer its rights or obligations under this Agreement, except that Customer may assign the Agreement to a successor to its business that results from a sale of substantially all of Customer’s assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this Agreement.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org