By using the zenler.com web site or any zenler or digitalofficepro product or service (“Service”), you are agreeing to comply with the following terms of
service and use (“Terms of Service”). DigitalOfficePro reserves the right to update and change the Terms of Service from time to time without notice. If
you do not agree to these terms, you should not review information or obtain goods or products from this site.
Any new enhancements, features, new products that are added to the current Service, shall be subject to the Terms of Service. Continued use of the Service
after any such change will constitute your consent to such changes. Violation of any of the terms below will result in the termination of your
account.
You can review the most current Terms of Service at any time at: http://www.zenler.com/tos.html
1. Trademarks
Zenler ® , Zenler Studio, Zenler Online LMS, Art of Interactive eLearning, PowerFlashPoint, PowerQuizPoint,
PowerInteractPoint, PowerDVDPoint, PowerVideoPoint, DigitalOfficePro, are registered trademark or trademarks of DigitalOfficePro in the United States
and/or other countries. Macromedia®, and Flash®, are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
PowerPoint®, is a registered trademark of Microsoft Corporation in the United States and/or other countries. All other trademarks and registered trademarks
are the property of their respective owners.
2. Copyright
The content and all the constituents of the site and its products are protected under applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the site or products
is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site or products.
3. Terms of Usage
a) You are at least 17 years of age and you must provide your legal full name, a valid email address, and any other information required by DigitalOfficePro
in order to complete the signup process.
b) Accounts created by non human programs/methodology or other automated methods are not permitted.
c) Your login can 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 you'd like as long as it meets the restrictions of your account level.
d) One person or legal entity may NOT maintain more than one free trial account.
1. Though its not likely, DigitalOfficePro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part of the service with 30 days notice. You agree that DigitalOfficePro shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Any unexpended or unearned subscription fees paid by the customer at the time of cancellation shall be refunded immediately upon termination or discontinuance.
2. Email Technical support is provided at no charge to paying accounts. Basic Telephonic Technical Support also is provided at no extra charge to paying accounts, but extensive support may require purchasing additional support plans. This may not be provided to accounts in the free trial stage and is at DigitalOfficePro’s discretion.
3. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
4. You are responsible for maintaining the security of your account and password. DigitalOfficePro cannot and will not be liable for any loss or damage from your failure to provide DigitalOfficePro with accurate information or to comply with security obligations.
5. You agree to immediately notify DigitalOfficePro of any unauthorized use of your password or account, or any other breach of security.
6. You are responsible for your own conduct. You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
8. You agree not to use the service for any offensive or adult content.
9. You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
10. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of DigitalOfficePro.
11. 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, DigitalOfficePro, or any other DigitalOfficePro service.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by DigitalOfficePro) of DigitalOfficePro customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
14. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DigitalOfficePro customer, employee, member, or officer will result in immediate account termination.
4. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
5. Privacy Policy
Our privacy policy, as it may change from time to time, is a part of this Agreement. More details at http://www.zenler.com/privacy.html
6. Payments
a) Fees
In consideration for your Subscription, you agree to pay DigitalOfficePro all subscription fees and charges, and any other fees and charges which
DigitalOfficePro may now or in the future charge you in connection or associated with your Subscription, and any modifications or additions thereto
(collectively, “Subscription Fees”). All Subscription Fees are exclusive of any applicable taxes and other charges of any kind (unless otherwise specifically
stated herein) and you are solely responsible for the payment of any such taxes and other charges which may be imposed on your Subscription (other than
franchise taxes and taxes based on DigitalOfficePro income, which shall be paid by DigitalOfficePro). You will pay DigitalOfficePro all Subscription Fees on a
monthly basis (or such other period basis as DigitalOfficePro may specify). All Subscription Fees are nonrefundable, except as otherwise expressly stated
herein. The Subscription Fees currently in effect can be found on your online user account page.
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. For any change in pricing plan level, the credit card that you provided will be
automatically charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of content, features, or capacity of your Account.
DigitalOfficePro does not accept any liability for such loss.You understand that the technical processing and transmission of the Service, including your
content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of
connecting networks or devices.
b) Billing
Subject to the terms hereof, any such modifications or additions to the Subscription Fees will apply to the first renewal term of your Subscription
following the effective date of such modification or addition (unless the Subscription is terminated as specified herein). DigitalOfficePro will provide
you with advance notification of any such modifications or additions to the Subscription Fees through email, posting on the Site or by such other means as
DigitalOfficePro may determine in its sole discretion. If you are unwilling or unable to accept and promptly pay when due any such modifications or additions
to the Subscription Fees, you must terminate your Subscription with DigitalOfficePro and immediately stop using the Services. By continuing your
Subscription after any such modifications or additions to Subscription Fees, you accept and agree to pay all such modifications or additions to the
Subscription Fees.
DigitalOfficePro may at any time, in its absolute and sole discretion, modify the Subscription Fees or add new fees or charges to the Subscription Fees.
At the start of the initial term of your Subscription, and at the start of each renewal period thereafter (unless your Subscription is terminated in accordance
with the terms hereof prior to the beginning of any such renewal period), the Subscription Fees will be billed automatically to your Payment Card. By
authorizing DigitalOfficePro to charge your Payment Card for the Subscription Fees, you are authorizing DigitalOfficePro or its Merchants to automatically
continue charging that Payment Card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer)
for all Subscription Fees. You authorize the card issuer to pay any amounts described herein and authorize DigitalOfficePro, or any other company that acts
as a billing agent for DigitalOfficePro, to continue to attempt to charge all due and owing Subscription Fees to your Payment Card account until such amounts
are paid in full.
c) Trial Period
DigitalOfficePro may offer you a free trial period during which you can try out a Subscription (a “Trial Period”). If you wish to continue to use the Services,
you must provide DigitalOfficePro or its merchants with a valid credit card or debit card issued by a card issuer acceptable DigitalOfficePro or its
merchants. If you do not provide DigitalOfficePro with valid credit card or debit card, and any other information as DigitalOfficePro may require in order
to activate your Subscription, by the end of your Trial Period, DigitalOfficePro may terminate your account. DigitalOfficePro reserves the
right to modify, cancel and/or limit any Trial Period offer at any time.
7. Termination
You are solely responsible for properly canceling your account. To cancel your account, call Zenler/DigitalOfficePro or send an email to
[email protected]
All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is
cancelled. You are solely responsible for maintaining adequate back-up copies of your content outside the Service.
You agree that DigitalOfficePro has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the
Service, or to provide any particular type or amount or quality of storage.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. No
credits are given for unused days in a monthly plan or months unused in an annual plan.
DigitalOfficePro, 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 DigitalOfficePro service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your
Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Provided that DigitalOfficePro may not
terminate this agreement without 30 days prior written notice to the customer and upon termination DigitalOfficePro shall refund any unearned subscription
fees paid by the customer.
In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive: Indemnity,
Privacy, Proprietary Rights, Appropriate Content, Exclusion of Warranties and Limitation of Liability.
For the protection and safety of all of our customers, DigitalOfficePro reserves the right to refuse service to anyone for any reason at any time, with
or without notice.
8. Zenler Service Level Agreement (SLA)
DigitalOfficePro and Zenler’s policy is to respond to Zenler’s customer issues within 24 hours. An incident is assigned a priority level based on the nature
of the issue. If you want to set the priority yourselves you can specify when raising the issue. However digitalofficepro reserve the right to assign the
correct priority as appropriate.
Our Open Business Hours are 9:00 a.m. to 5:00 p.m. Monday through Friday, EST. Non Business Hours are not considered in the SLA.
Level 1 (CRITICAL)
• No availability of the Zenler service.
• First Contact in less than 2 Open Business hours
• Status Update in 2 Open Business hours
Level 2 (HIGH)
• User can access the Zenler service, but some of the key features are unavailable.
• First Contact in less than 6 Open Business hours
• Status Update in 6 Open Business hours hours
Level 3 ( LOW)
• An issue that effects one or more functions of the software or service that are temporary or cause difficulties to user but has some reasonable work around
or issues which occur on a temporary basis without causing undue difficulty to the users.
• First Contact in less than 12 Open Business hours
Status Update in 1 business day
First contact is defined to be the first contact by a Support Representative after the incident has been logged. A status update will be communicated to the
customer if the incident cannot be resolved immediately. A final follow-up with the customer occurs on the resolution date. The ticket will remain open until
confirmation is received that the customer is satisfied with the resolution or the customer has failed to provide such confirmation for a period of 48 hours.
You agree that not all Level 3(Critical) problems will allow for a reasonable workaround. DigitalOfficePro may, in its reasonable discretion, respond to a
Level 3 problem by making the Error a feature request for the next version release.
Zenler Service Level Guarantee
We will extend the annual renewal date for your software and maintenance renewals by one calendar day for each incident in which we fail to provide the
level of service described above. This effectively lets you use the software without any fee for a day for each time we do not meet the service levels
described above. To receive the guarantee benefit, request your Service Level report from any Support Representative and then fax or email your request.
9. No Warranties and Limitation of Liability
You understand that DigitalOfficePro uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and
related technology required to run the Service.
DIGITALOFFICEPRO DOES NOT WARRANT THAT (I) THE SOFTWARE OR SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SOFTWA RE OR 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 DIGITALOFFICEPRO 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 DIGITALOFFICEPRO 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) UNAUTHORIZED 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.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIABILITY
LIMITATIONS AND WARRANTY EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
Acknowledgement
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE TERMS AND AGREE TO BE BOUND BY THEM.