Terms of Service

Nomadia Consulting Ltd (“Nomadia”, “we”, “us”, “our” and terms of similar meaning) operates the website hosted at the bukadesk.com domain and all associated subdomains (the “Website”), as well as the services provided by Buka application on Slack.com platform (the “Service”) in compliance with these terms and conditions of use. By using Website and Service you are bound to agree the Terms of Service. If you do not agree to these terms, please do not use our Service and Website.

The Service

The Service is office attendance management service via Slack.com, including website. It allows register office leaves for team members. The Service is based on the SaaS (software as a service) model.

Account Terms

You are responsible for maintaining the privacy and security of your account.

You are responsible for all activities on your account and all changes performed by your account. You shall not, shall not agree to, and shall not authorize a third party to: (i) upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent or otherwise objectionable on the Website, (ii) use the Service for any fraudulent or inappropriate purpose, (iii) resell, lease or provide any part of the Service to anyone else, except as expressly permitted.

We reserve the right to refuse the Service to anyone at any time for any reason.

Fees, Payments and Plans

The fees for the Service are published on the Website. All fees (if not stated otherwise on the Website) are exclusive of all taxes, levies, or duties that may be imposed by the taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

The fees for the Service shall be paid by a valid credit or debit card (Visa, Mastercard, American Express, Discover, JCB or Diners Club). The Service uses a third party payment platform Stripe to process these transactions.

If you choose to use a credit card as a payment option, you accept that your credit card will be charged automatically without any authorization of the payment from the cardholder (except the authorization when choosing the credit card option) with the fees according to the Terms in the maximum amount stated on the Website. Credit card payments are stated for an indefinite period of time and you can change or cancel this payment option anytime. The frequency of charging the fees for the Service from your credit card is determined by your billing settings. Please note that your credit card number will not be stored with us in any format, but it will be stored by the third party payment platform.

The Service is billed in advance on a monthly (where a month means 30 days) basis and is non-refundable. Along with the subscription for the next month, the arrears of the previous month caused by the use of Services not included in the prepaid plan (such as the use of additional services, upgrade of the plan, etc.), will be charged. There will be no refunds or credits for partial months of Service, downgrade refunds, or refunds for unused Service with an open account. In order to treat everyone equally, no exceptions will be made.

The Service allows you to take advantage of the 30-day free trial plan without restrictions, which begins on the day of installation. We do not send an invoice for using the free trial. The free trial is only available for newly registered accounts. If you are interested in using the Service offered during the free trial further, you will need to upgrade to a paid plan, otherwise, your account will be no longer available once your free trial period is over. You may upgrade your plan any time, including during the free trial period.
An upgrade from the free trial to any paid plan will end your free trial immediately. You will be billed for your first month right upon upgrading. Your new plan will be immediately active.

The upgrade of the plan will be active immediately and the price for using upgraded plan will be billed from your first day of using it, i.e. from the day of upgrading. You can upgrade your plan any time. Upgrading of the plan ends your usage of the lower plan and therefore in the next billing, there will be overpayment for the days that the lower plan has not been used. This shall be counted for the arrears for use of the upgraded plan which has not been prepaid. Overpayment and arrears for the use of the Service shall be calculated in proportion to the number of days of using the lower plan and the new upgraded plan. If you have any outstanding payments for using the Service before the upgrading, you shall upgrade your program after their payment.

The subscription for the next month is always calculated on the basis of the plan you have activated at midnight 12:00 on day D. Day D is the day of the month on which you upgrade the free plan to any paid plan. Day D remains constant while you use the Service. The exception is when you upgrade to a paid plan on the day that the following month does not have (e.g. March 31). In this case, day D is the last calendar day of following month (e.g. April 30).In case you will not pay for the use of the Service on time, we are entitled to retract from these Terms of use and thus suspend or terminate your use of the Service, suspend or terminate your account, or issue a credit note in the due amount - a possibility with which you hereby expressly agree.

In case you have not paid all your due amounts for use of the Service, you will not be able to upgrade your plan and we are not obliged to allow you access to the Service or your account. In this case, we are also entitled to terminate your account.

The information you provide us in the order form will be used solely to provide the Service and will not be provided to third parties or otherwise commercially used.

Modification of Terms and Services

We reserve the right to modify, suspend, or discontinue these Terms and/or the Service at any time for any reason. You will be provided notice of any such modification by electronic mail or by publishing the changes on the Website. Your continued use of the Service after notice of any change to the Terms will be deemed as your agreement to the amended Terms. In the event of termination of the Service by us without any cause, your compensation shall be the entitlement to receive a refund for any advance paid or outstanding at that point in time (calculated by the number of days of using the Service).
Intellectual Property Rights

You acknowledge that we hold all rights, titles and interests to the Service and you agree not to copy, reproduce, alter, modify, or create derivative works from the Service.

We do not claim any intellectual property rights over the material you provide to the Service or on the Website. However, by using the Service, you agree that others may view and share the content you provide.

Personal Data

We process your personal data in accordance with our Privacy Policy which is a part of these Terms of Service.

Messages and Newsletters

From time to time we may send you a message or email newsletter regarding news and/or changes to these Terms, Website or Services. We do this to keep you updated and informed. However, if you do not wish to receive such communication you will have the opportunity to unsubscribe.

Warranty and Liability

The Website and the Service are provided on an “as is” bases without warranties of any kind, either expressed or implied. We do not warrant that: (i) the Service will be timely, uninterrupted or error-free, (ii) the Service will operate with any other hardware, software, system or data, (iii) errors will be corrected.
We expressly disclaim all other representations or warranties, expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

You assume total responsibility and risk for your use of the Service and expressly understand and agree that we 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 resulting from or relating to your usage of the Service. Your sole remedy for dissatisfaction with the Service is to stop using it.

Indemnification

You agree to hold harmless and indemnify us from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, actual and consequential, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

Cancellation, Termination and Refunds

You agree that we may terminate the Services and cancel your account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the Privacy Policy, a request by you to terminate your account, discontinuance or material modification to the Services, unexpected technical issues or problems and requests by law enforcement or other official authorities. Termination of your account includes the elimination of access to the Service, deletion of your account information and deletion of the data in your account. In the event of a termination by us without any cause, your sole compensation shall be an entitlement to receive refund of any advance paid or outstanding at that point in time (calculated by the number of days of using the Service).

We may terminate your account in the event that it is inactive for at least twelve months, without any notice and stated reasons. If you know that your account will be inactive for some time and do not wish for us to terminate it, let us know in advance at hi@bukadesk.com

You may cancel your account at any time by clicking on the Account & Billing tab in your Account Settings. The Account & Billing page contains a Close account link. An email or phone request to cancel your account will not be considered as a cancellation. Please note that in such case you have no right to refund. You can cancel at any time, but you will remain liable for all charges accrued up to that time and you will not be charged again.

The Service is billed in advance on monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, downgrade refunds, or refunds for unused Service with an open account.
Our failure to exercise or enforce any right provided in these Terms of Service shall not be deemed a waiver of such right. The Terms of Service constitutes the entire agreement between you and us as to the Service and supersedes any prior agreements (including, but not limited to prior versions of the Terms of Service).

Governing Law and Venue

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

If you have any questions regarding these Terms of Service or if you wish to inform yourself on the terms and conditions contained herein please contact us at hi@bukadesk.com.