Partners' Terms of Service
WEBINY LTD
Registered in England and Wales
No: 8222574
DEPT 400, 61 PRAED STREET
LONDON W2 1NS
By signing up for the Webiny service (“Service”) or any of the services of WEBINY LTD (“Webiny”), you are agreeing to be bound by the following terms and conditions for Webiny Partners (“Partners’ Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Webiny reserves the right to update and change the Partners’ Terms of Service by posting updates and changes to the Webiny website and your Partner Center. You are advised to check the Partners’ Terms of Service from time to time for any updates or changes that may impact you.
1. Partners
Webiny Partner is a company or individual who provides services for their end clients (“End Clients”) and resells Webiny to their end clients. Partners who signup via web form or contact Webiny representatives directly (via phone, email or any other communication means) can get access to Webiny Partner Center which is a place to manage Webiny licences and instances, manage end clients’ accounts and create and manage offers and invoices.
2. End Clients
End Clients are Partners’ customers that may use Partners’ services such as design, development, marketing or any other service. End Clients are using Webiny Service offered/provided by Partner at suggested package prices. Partners receive licence discounts at predefined percentage.
3. Obligations by Webiny, Partner and End Client
Webiny is obliged to offer the Service as described in general “Terms of Service”. Any addition or change to these terms may be posted at any time at Webiny website. Webiny may, but is not obliged, to inform Partners of the change to Terms of Service via email, phone or any other communication mean.
Partner is obliged to comply with the Partners’ Terms of Service and to introduce his End Clients with general Terms of Service.
End Client is obliged to comply with general Terms of Service.
4. Liability
You agree that in no event will Webiny be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses caused by
- the use or the inability to use the Service
- the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the service
- any other matter relating to the Service
Webiny offers its Service “as it is” and is not obliged for any requirements, problems, damage or loss for End Client.
5. Communication and Obligation to End Clients
Partner is obliged to provide the Service to End Client in the best possible way. End Client is obliged to general Terms of Service.
Webiny may contact End Client in the following scenarios:
- to send system notifications
- to notify End Client in DMCA copyright abuse
- to send occasional promotional offers and notifications if client subscribed to Webiny newsletter
- in any other case that threatens to disrupt the Service Webiny offers to End Client
Webiny may, but is not obliged to put Partner in CC of the messages sent to End Client.
6. Payments
Payments for End Clients’ licenses are made by Partner in monthly or yearly packages. Partner receives a discount for End Clients’ licenses and it is suggested that the Partner sells licenses with suggested prices. Partner may, but is not obliged to give additional discount to End Clients.
6.1 Discount table
| Sales Volume (per year) | Discount |
|---|---|
| 0 - $10.000 | 15% |
| $10.001 - $25.000 | 20% |
| $25.001 - $50.000 | 25% |
| $50.001 - $100.000 | 35% |
| above $100.000 | 50% |
7. End Client Account transfer
Webiny may transfer End Clients account to our own jurisdiction and payment in the following cases:
- if Partner doesn’t provide Service to End Client as agreed
- if End Client requests that all management of his account is made by Webiny
- if Partner doesn’t pay for End Clients’ account and End Client pays directly
- if Partner goes out of business
- if Partner goes out of business
If End Clients’ account is transferred to Webiny, End Client pays the same price as he did with Partner.
8. End Client Account termination
Webiny may under sole discretion terminate End Clients’ account. This may happen, but it’s not limited, out of the following reasons:
- breach of Terms of Service
- upon request by Partner
- for non paid license
9. Additional notes
Webiny treats all End Clients’ materials (photos, text, videos, etc) as property of End Client.
Webiny may, from time to time, ask End Clients about satisfaction with the Service and with Partners service. In that case Webiny may, under its sole discretion, give additional discount bonus or suggestions for Partner.
Partner is able to setup unlimited End Clients’ instances of Webiny in the development mode for 90 days. In this case Partner doesn’t need to pay for End Clients’ license. End Clients’ website is live after the payment of Webiny license. Partner can ask for additional time for testing and deploying End Clients’ Webiny instance.
Both Partner and Webiny agree to do business considering ethical business principles, transparency and best practices.