Terms and Conditions
Last updated: July 30, 2015
This Terms and Conditions Subscription Agreement (the agreement”, “subscription”, “contract”) is an agreement between You (the “Client”) and Webipack, registered trademark owned by Multiweb TI Lda (“Webipack”, “we”, “us” or “our company”), Legal Person Identification/VAT Tax Number 504620657, addressed in Travessa da Quinta Nova, 12, 1o Dto, 2640-473 Mafra (Portugal), registered in the Commercial Registry Office of Mafra. Our Site and associated domains of http://www.webipack.com (“our Site”) grants you the license to use our Website Designs and other products sold through our Site in accordance with these Terms and Conditions issued by our company (collectively, the “Services”, “Products”).
1. What is included in the subscription?
Your Webipack subscription includes:
- Hosted site with the Design chosen by you;
- Custom domain registration (www.domainname.com or www.domainname.net);
- Hosting services for the website;
- Publication of your logo by our team;
- Access to the Content Management System of your new site;
- Google Analytics linked to your Google Account;
- Registration of your new website in the most popular and free search engines (like Google).
2. Upgrading or downgrading price plans
To Upgrade or Downgrade your subscription, you must subscribe a new Website Design and Price Plan. Depending on your Design you may subscribe our Add-ons to meet your needs when/if possible. There is no cash refund if you cancel or change your subscription in advance.
a. You may agree to a one (1) month or twelve (12) month subscription with us.
b. At the end of the contract term, your subscription will automatically renew for an additional subscription until explicitly canceled by you. Cancellation must be issued via your Account in our Site or via Webipack’s support addresses. Any cancellation issued via our Site must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via our Site must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
c. Only Services and features clearly indicated as “free” or “no charge” are free or without charge. It is not the responsibility of Webipack to provide free support for Client in the use and operation of Webipack or third-party products.
d. If you purchase any Services that we offer for a Fee, you agree to Webipack, or our third-party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly or annually Fee for any applicable Services billed on a month-to-month or year-to-year basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your subscription, we will suspend your Account, Website and other related Services.
4. Changing pricing
Webipack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Prices of all subscriptions and services, including but not limited to monthly subscription plan fees, are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to our Site.
5. Subscription renewals and cancellation
Please take note that all subscriptions will be automatically renewed at the end of your subscription period, by the chosen merchant (Paypal.com or Paymill.com).
With manual payments like Direct Bank Transfer (only available for Portugal), the subscription is suspended until you log in to our Site and pay to renew it. We advise you to pay the subscription at least 5 working days prior to the renewal date. If payment fails after the renewal date, the associated services will be suspended until the funds are in our bank Account.
You may cancel your subscription when and if you want. No questions asked. The cancellation must be issued via your Account in our Site or via Webipack’s support addresses. Any cancellation issued via our Site must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via our Site must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
There is no cash refund if you cancel or change your subscription in advance.
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Except for collecting EU VAT and remitting it to the EU, our company shall not be liable for any taxes or other fees to be paid in accordance with or related to Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Our company is required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees.
7. What you provide to us and your contents
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). Webipack is not responsible for your Content. You hereby grant Webipack a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
You shall provide all necessary material for activation of the website. The Logo must be supplied in digital format (.ai, .eps or .png) and can be changed by you if necessary directly in your Site Admin area.
If you subscribe the optional service of Content Publishing, the texts should be sent in copy able format (Word or similar), with clear identification of the page/category where they should be published. Each content page is the equivalent of an A4 sheet, font size 11, Arial font. Photo or text reviews or treatment is not included. Photos should be provided by the Client in .jpg/.jpeg format with clear identification of the page/category or context which should be published. If the amount of available content exceeds the limit, additional costs may be applicable.
8. Monitoring what you provide us
Webipack may, but has no obligation to, monitor content on the site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect our company or its customers, or operate the Services properly. Our company, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Our company may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Webipack has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Webipack requests that you place any Content behind password protection and you fail to do so promptly, our company may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
9. Third party websites or links; Third party services or products; No implied endorsement
The Site may contain links to other websites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to Accounts that you have for services provided by third parties (“Third Party Services”) or to link Accounts for Third Party Services to your Webipack Account. Our company is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Webipack Account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
10. Promote and selling through Webipack
a. You hereby certify that you are at least 18 years of age and you verify that your country of residence is the same as your billing address.
b. You will ensure the email address provided in your Account registration is valid at all times and will keep your contact information accurate and up-to-date.
c. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws of your country, including Commercial Products sold to individuals outside your country.
d. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
e. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
f. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of this Agreement.
g. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
h. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
i. You will not use the Services or Materials to impersonate another person.
j. You may not send unsolicited messages (also known as junk mail or SPAM) to promote your Site or third-party contents or products.
k. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Webipack user to access the Services.
l. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party Sites or boost the search engine rankings of third party Sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
We may determine in our sole discretion whether or not an Account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an Account or using the Services. If we reasonably determinate that your Account is being used for illegal or fraudulent activity then your Account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
11. Terms you must post on your site
You agree to indemnify and hold harmless our company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
12. Account privacy
You will not share your password, let anyone else access your Account, or do anything that might jeopardize the security of your Account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by our company.
Webipack does not warranty or guarantee the Services in any manner. We cannot guarantee they will function with all third party components, plugins or web browsers. Browser compatibility should be tested on the demo server. Please ensure that the browsers you use are up to date as we cannot guarantee that our services will work with all browser combinations.
15. Copyright and Intellectual Property
- The source code of the designs developed for client’s use are intellectual property of our company under which you acquire rights of use for the duration the subscription;
- They are not, under any circumstance, available to the client and will not be given access to the server where they are hosted;
- To client are only reserved the rights of use of the services provided in the subscription;
- All photos / images used in our designs and online demos are licensed for Webipack demonstration proposes;
- Your website will be delivered without photos or with sample photos with our watermark to be replaced by your photos;
- It is your responsibility using on your website texts, photographs and/or confidential documents, unsuitable, improper, illegal, not respecting the copyright legal proposes and/or that are not related to your business activity, and our company can not be held liable in any circumstance by their misuse or abuse;
- The misuse of content on your website is liable for the immediate suspension of the services, without your prior notification;
- The subscription requires hosting the website on our servers and can not be transferred to external servers, even after cancellation of the services;
- Webipack® is a registered trademark owned by our company.
Services may be terminated by us, without cause, at any time.
Webipack may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
Notice of termination of Services by Webipack may be sent to the contact email associated with your Account. Upon termination, Webipack has the right to delete all data, files, or other information that is stored in your Account.
No exceptions will be made in this regard and if your subscription is automatically renewed, we will assume that you have done so with your express permission. No refunds whatsoever will be given in this regard. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on our Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your Account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, our company has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
There is no cash refund.
Our company reserves the right to change or modify current Terms and Conditions with no prior notice.