Live Help

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TERMS OF SERVICE

This Software License Agreement (hereinafter “AGREEMENT”) is an offer issued by Livehelp.com LLC., hereinafter referred to as LICENSER. This Agreement is considered to be effective since the moment of its acceptance by LICENSEE. The fact of payment for LICENSE done by LICENSEE is regarded as acceptance within this AGREEMENT.

Definition
1. SOFTWARE is the program complex “Livehelp.com”, which exclusive right of use belong to LICENSER. SOFTWARE is developed for short text messages exchange arranged as online-dialogue with the visitors of LICENSEE web site (sites). Detailed description of SOFTWARE functions is available at LICENSER’s web site.
2. LICENSE is non-exclusive right of LICENSEE to use SOFTWARE which is provided for LICENSEE by LICENSER with limitation of available OPTIONS SET, number of AGENTS and period of use. LICENSE limitation can be selected by LICENSEE at CONTROL PANEL at the moment when LICENSE purchase is ordered.
3. OPTION or ADDITIONAL OPTION is function of SOFTWARE which right of use is handed over to LICENSEE according to LICENSE order made by means of CONTROL PANEL.
4. LICENSER’s web site – http://www.livehelp.com.
5. AGENT is end user of SOFTWARE who has an account for logging in to the CONTROL PANEL and who is authorized to receive incoming dialogues by means of Software.
6. CONTROL PANEL is user interface, the purpose of which is to control SOFTWARE functions and settings, available at https://chat.livehelp.com.
7. RATE is the price for Software usage determined by LICENSER and specified at LICENSER’s web site. LICENSEE purchases LICENSEs at CONTROL PANEL according to that RATE effective at the moment of License purchase.
8. DEMO PERIOD is time interval during which LICENSEE can test SOFTWARE before purchase. DEMO PERIOD is provided under the terms of this AGREEMENT.
Subject of the agreement
1. The subject of this LICENSE AGREEMENT is the transfer of non-exclusive rights of SOFTWARE use from LICENSER to LICENSEE based on the conditions of nonexclusive license and realized through granting of access to LICENSER's server.
2. LICENSEE is authorized to use SOFTWARE in the following ways:
  1. 24-hour access to SOFTWARE (excludes the periods when maintenance is carried out).
  2. Use all SOFTWARE functions, which are specified in LICENSE, taking into account the limitation of OPTIONS SET, period of use and the number of AGENTS determined by LICENSE.
3. This AGREEMENT is effective on the whole territory of the World.
4. LICENSEE shall not hand over his right of SOFTWARE use to the third party.
Execution of the agreement
1. LICENSER shall provide LICENSEE with nonexclusive LICENSE within 5 (five) working days from the moment of payment receipt.
2. LICENSER shall use SOFTWARE only in those ways which are determined by this AGREEMENT and in compliance with the limitations specified by LICENSEE.
3. LICENSER shall provide LICENSEE a 14 days DEMO PERIOD to test SOFTWARE.
4. DEMO PERIOD is provided for free. After the DEMO PERIOD ends LICENSEE is not obliged to purchase LICENSE.
5. DEMO PERIOD is provided under the following conditions:
Rights and duties of the parties
1. During term of validity of this AGREEMENT LICENSER shall not modify SOFTWARE source code excepting HTML-code that is integrated by LICENSEE to the code of LICENSEE's web site code; shall not modify the design of SOFTWARE user interface excluding design modification means that are available via CONTROL PANEL.
2. LICENSER is free to change the RATE for purchase of new LICENSES without preliminary notice. Change of the Rate has no effect on LICENSES which have been purchased prior to change of the RATE.
Terms of payment and transfer of rights
1. In order to purchase the LICENSE LICENSEE should make an order by means of CONTROL PANEL and specify parameters of the license: OPTIONS set, maximum number of AGENTS and period of use.
2. LICENSEE shall pay license fee to LICENSER for the right of SOFTWARE use according to the RATE and chosen LICENSE parameters.
3. LICENSEE shall pay the invoice by transferring to LICENSER 100% of amount which is indicated in the invoice. The invoice is created by LICENSEE using CONTROL PANEL.
4. LICENSER shall transfer the right of SOFTWARE use (activate LICENSE) within 3 (three) working days from the date of the payment arrival to LICENSER's account taking into consideration the limitations which have been specified in LICENSE.
5. In case if LICENSER does not receive written claim regarding the scope of furnished rights from LICENSEE within 10 (ten) days from the date of LICENSE fee payment, it is considered that LICENSEE is properly and comprehensively provided with nonexclusive right of SOFTWARE use.
6. LICENSEE has the right to refuse to use Software and to request 100% money-back within 10 (ten) working days from the date of LICENSE fee payment. On expiry of this period no money-back will be performed.
License extension
1. In order to add new OPTIONS to LICENSE or to increase the number of AGENTS LICENSEE shall purchase new LICENSE via AGENT CONSOLE as an owner.
2. LICENSE is extended according to the RATE which is actual at the moment of extension.
Responsibilities of the parties
1. In case if LICENSEE breaches his duty to pay the fee which is specified by the AGREEMENT then LICENSER has the right to withdraw unilaterally from the AGREEMENT and claim for compensation for damages caused by termination of the AGREEMENT.
2. LICENSER shall not compensate LICENSEE'S damages caused by SOFTWARE use and/or impossibility of SOFTWARE use, disclosure of information regarding SOFTWARE use to the third parties, and other damages directly or indirectly related to SOFTWARE use and/or impossibility of SOFTWARE use, including loss of profit.
Term of validity, alteration and termination of the agreement
1. This AGREEMENT will come into effect from the moment of acceptance of the terms of this AGREEMENT by LICENSEE and remain valid for the period which is determined by purchased LICENSE.
2. When new license is purchased the AGREEMENT is automatically extended for new term in compliance with the conditions of newly purchased LICENSE.
3. The PARTIES can terminate this AGREEMENT by mutual consent or on the grounds provided by the legislation.
4. Either PARTY can refuse to fulfill this AGREEMENT unilaterally by notification of the other party via electronic communication means at least 30 (thirty) days prior to the termination date.
5. LICENSER has the right to make alteration of the terms of this AGREEMENT via introduction of new AGREEMENT text at LICENSER'S web site and notification of LICENSEE by mail at least 30 (thirty) days prior to the date when new terms are brought into effect.
6. In case if the terms of this AGREEMENT are violated by LICENSEE, LICENSER is entitled to terminate the AGREEMENT anticipatory and block the access to the server immediately without preliminary notification of LICENSEE.
Final provisions
1. If any of terms or provisions of the AGREEMENT are recognized as invalid or inapplicable by any court or administrative body of competent jurisdiction that will have no effect on the validity or possibility of enforced fulfillment of any other provisions or terms of the AGREEMENT, which remain completely valid unless otherwise provided by legislation.
2. The matters which are not regulated by this AGREEMENT are regulated according to legislation.
3. By acceptance of the terms provided by this AGREEMENT LICENSEE agrees to receive additional information and mailing to the address and/or the phone number which have been specified at registration.