Terms of Service
Registered in England and Wales
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 (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.webiny.com/terms-of-service/ . Webiny reserves the right to update and change the Terms of Service by posting updates and changes to the Webiny website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. About Webiny
2. Description of Service
Webiny provides Clients with access to online software (hereafter sometimes referred as “Software"), that enables creation of dynamic websites, webshops, travel portals, landing pages and web custom web applications. In specific Webiny provides clients to these web services, depending on the package and subscription options:
- Webiny Content Management System
- Webiny Booking System
- Webiny Banner Management System
- Webiny Email Marketing Suite and Newsletters
You also understand that the Service may include certain communications from Webiny, such as service announcements, administrative messages and survey invitations. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Beta Services
We will from time to time introduce new services that are not fully tested in working environment. These services will be labeled as “Beta” and offered at reduced fees. We will not be liable for any damage or costs associated with use of these services.
4. Electronic Agreement and Form
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Webiny from time to time, such modifications to be effective immediately upon posting on the Website. By accessing the Website or becoming a Client or Partner, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
This Agreement collects Client information via website form(s). You are responsible for inputting correct contact data, emails, website URLs, or any other information required by the form. Please print a copy of this document for your records.
Webiny is not responsible for content provided on Clients or Partners websites, including text, graphics, images, video or audio materials.
Should Client or Partner post abusive, personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities we reserve the right to immediately terminate the account.
Webiny does not permit pornographic content to be hosted on our Service.
6. Copyright abuse
We will treat copyright abuse according to Digital Millennium Copyright Act (DMCA). We will respond to takedown notice within 72 hours.
7. Proprietary rights
Webiny owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Webiny, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We grant the permission to use, re-post, distribute and reproduce our blogposts, infographics, videos, audio materials, white-papers and case studies. However we would like you to include links to our website.
9. Account Access
You can access your account with the username and password automatically generated by Webiny System after registration and payment process. This information will be sent to you via email provided in the registration. You will be able to add unlimited number of users and set their permissions.
10. Unauthorized Uses
You must not use the Service or Server as proxy. You must not intentionally keep high load on Service or Server due to poorly programmed scripts. We will monitor the Service usage and notify you of high load. If you do not comply to remove or rewrite parts of code in question, we reserve the right to partially or completely terminate the Service and Account.
Webiny reserves the right at any time in its sole discretion to block Clients and Partners from certain IP addresses from accessing the Website and Service.
11. Pricing and Billing
You agree to pay Webiny Service as specified in your regular or custom package, on your offer page and invoice. The service is active after you complete the payment process.
We currently offer the following payment options:
- Bank transfer
If you pay via PayPal, Webiny does not hold any of your credit card information. Payment is processed by PayPal on their servers and they send the confirmation to our Service. Once we receive automatic confirmation, we immediately deploy the software on domain name you specified and your subscription to the Service starts.
If you pay via Bank transfer, we wait until bank transfer is completed. It usually takes 3-5 business days for us to register the payment. Once we register the payment, we deploy the software on domain name you specified and your subscription to the Service starts.
You have the option to choose the billing cycle. Currently we give you the option of monthly or yearly subscription to the Service. We will send you automated messages to remind you of your subscription expiration and prepare an offer which you can pay via available payment options.
Currently we do not support automatic billing. You will have to renew your subscription manually.
You are eligible to receive the funds you paid to use the Service within 30 days of new account creation. Refund policy is not applicable to accounts that are used for more than 30 days.
To ask for refund, please send message to firstname.lastname@example.org. We will refund you within 90 of your request. You will bear all transactional costs applied to this process such as bank transfer fees or PayPal fees. We will deduct initial transaction costs from your payment.
12. Account terms
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address and any other information needed in order to complete the signup and billing process.
- You are responsible for keeping your password secure. WEBINY cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You must provide at least one domain and associate it with our nameservers as specified in the confirmation email.
- Should you not receive a confirmation email upon payment, please contact our support at email@example.com
13. Cancellation/Termination of Service
You can cancel/terminate the service at any time by emailing support at firstname.lastname@example.org using email associated with the Service. If you paid package in advance, we will not make refund for the period you will not use the Service. We will keep your data on our servers for the period of 30 days after Service cancelation/termination. Canceling the service will also terminate your account. We are not liable if we cannot restore your account after termination.
14. Modification to Service and Prices
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) and the prices, with or without notice. You agree that Webiny shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. Disclaimer of Warranties
The Service is available “as is” or “as available”. We do not guarantee and do not promise any result from using the Service. Use of the Service may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. We cannot and do not guarantee compatibility with other systems, hardware and software.
16. Third Party Content
We will occasionally post, link and provide access to third-party content. You acknowledge and agree that Webiny is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites.
17. Limitation on 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.
18. Indemnity by You
You agree to indemnify and hold Webiny harmless from any loss, liability, claim, or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Service.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Last revision: 15th October 2012.