Webrecs Terms and Conditions
Last Updated: July 19, 2015
Welcome to Webrecs. We provide web applications and services (the “Services”) as described on our Web site (the “Site”) http://webrecs.com.au to you (“you” or “User”).
The following terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of the Webrecs Site and Services, whether directly or through a third-party site. By using this Site, the Services, and any service, application, plug-in, component, functionality, or program created or hosted by Webrecs, you are agreeing to the following terms and conditions. Please read them carefully before using this Site or any Service. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org
By subscribing to, or completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.
A. Modifications to this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us through the contact details on our Web site at http://webrecs.com.au
B. Your registration obligations
To obtain and use the Services, you will be required to register with Webrecs by completing a registration form and designating a user ID and password. When registering with Webrecs you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Webrecs of any unauthorized use of your user ID or password or any other breach of security. Webrecs cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. Consent to electronic communications and solicitation
By registering with Webrecs, you understand that we may send you communications or data from Webrecs regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, (iii) billing and order information, and (iv) promotional information and materials regarding Webrecs products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. User conduct / acceptable use policy
Unauthorized use of the Webrecs service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Webrecs or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Webrecs does not claim any ownership rights nor any responsibility for any User Content. Content posted by Users and other non-Webrecs contributors are not reviewed by Webrecs, however Webrecs retains the right, in its sole discretion, to cancel any subscription in which the content is deemed to be illegal, an infringement on the rights of Webrecs or another third party or could subject Webrecs to expense or liability.
Webrecs reserves the right, in its sole discretion, to determine whether and what action to take in response to each such occurrance, and any action or inaction in a particular instance shall not dictate or limit Webrecs's response to a future complaint. You acknowledge and agree that Webrecs shall not assume or have any liability for any action or inaction by Webrecs with respect to any User Content.
Webrecs reserves the right, in its sole discretion, to deactivate and/or require a change of name for any subscription hostname for any reason or for no reason. Webrecs may exercise such right at any time, with or without prior notice. Upon receipt of notice from Webrecs of its decision, subscriber will immediately provide Webrecs with a replacement name for the hostname acceptable to Webrecs, or the subscription will be cancelled. Without limiting the generality of Webrecs's discretion, among the reasons Webrecs may determine a hostname is unacceptable are infringement or potential infringement on third party intellectual property rights such as trademark or copyright, misrepresentation, or inappropriate or offensive language.
Additionally, Webrecs reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Webrecs Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person’s use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Services either directly or indirectly without written permission from Webrecs.
7. You may not use the Services to participate in pyramid schemes or chain letters.
8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Webrecs in connection with the Webrecs Site or Services except as explicitly allowed by Webrecs or as dictated by the terms and conditions of any Open Source licensing agreements governing the use of included Open Source components. In the event of any modifications to any components (whether Open Source or otherwise) by any party other than a party authorised by Webrecs in writing, you will render any service level agreement, warranty or the ability to upgrade or perform normal maintenance inoperative
16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Webrecs.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Webrecs. Webrecs reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Webrecs response to a future complaint. You acknowledge and agree that Webrecs shall not assume or have any liability for any action or inaction by Webrecs with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. Intellectual property rights and notices
Except for the licenses granted herein, you have no right, title or interest in or to Webrecs Services or any content. You agree that Webrecs or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Webrecs service and content, including, without limitation, text, images, and other multimedia data. Where programs and software provided by Webrecs fall into the Open Source domain, the applicable licensing (eg. PGL , PPGL, FLOSS ) and copyright conditions as published in the Open source or on the Open Source product web-site apply.
With the exception of Open Source products, all contents of the Webrecs Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are the intellectual and exclusive property of Webrecs and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Webrecs and/or it suppliers, affiliates, or licensors. All rights reserved.
Webrecs and the Webrecs logo are including without limitation, either trademarks, service marks or registered trademarks of Webrecs, and may not be copied, imitated, or used, in whole or in part, without Webrecs’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Webrecs may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Webrecs respects copyright law and expects Users to do the same. Webrecs expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Webrecs may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
G. Third party content, sites and services
For your convenience, certain hyperlinks may be provided on the Site which link to
other Web sites that are not under the control of Webrecs. Webrecs does not sponsor or
endorse such Web sites and is not responsible for the accuracy, content or any aspect
thereof. Webrecs disclaims all liability for such Web sites, and for any use of the
links to such Web sites or use of such Web sites themselves. We also disclaim all
liability and make no representations or warranties for any products or services made
available, sold or provided to you by any third party. Your use of other Web sites, and
the offer or purchase of products or services on or through such other Web sites, is
subject to the terms and conditions thereof. You agree that you will bring no suit or
claim against Webrecs arising from or based on your use of, or the offer or purchase of
products or services on or through, such other Web sites. Links do not imply that
Webrecs is affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in connection with or
accessible through such links, or that any linked site is authorized to use any
trademark, trade name, logo or copyright symbol of Webrecs or any of its
Webrecs lays no claim to any data (“User Content”) stored by you in your Webrecs-provided subscription. All user content is solely yours and yours alone. While Webrecs takes all reasonable care to backup and maintain your user content in a secure environment Webrecs accepts no responsibility for any loss, theft, corruption, leakage or damage to user content for whatever reason whatsoever. Details of the measures Webrecs undertakes to secure your data can be viewed in the associated document Webrecs IT Infrastructure Webrecs strongly recommends the regular use of the Relocatable User Backup facility as the ultimate data insurance policy.
Webrecs intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Webrecs may make changes and improvements to the information provided herein at any time. WEBRECS PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBRECS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “WEBRECS PARTY,” AND COLLECTIVELY, THE “WEBRECS PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE WEBRECS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J. Limitations of liability
IN NO EVENT WILL ANY WEBRECS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH WEBRECS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY WEBRECS PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Webrecs is found responsible to any Webrecs User for any reason whatsoever, Webrecs' responsibility shall be limited to the amounts actually paid by such user for Webrecs' services, and shall not include punitive damages or consequential or resulting damages of any nature.
K. Changes to the service; additional liability limitation
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE WEBRECS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, WEBRECS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Webrecs harmless from and against all
claims, demands, suits or other proceedings, and all resulting loss, damage, liability,
cost and expense (including reasonable attorneys' fees), made by any third party due to
or arising out of content, data or information you submit, post to or transmit through
the Site, your access to and use, negligent use or non-use of the Content, the Site,
products and services available on or through the Site and Webrecs, your violation of
this Agreement or your violation of any rights of another. We reserve, and you grant to
us, the right to assume exclusive defense and control of any matter subject to
indemnification by you. All rights and duties of indemnification set forth herein shall
survive termination of this Agreement.
M. Termination of service
You may terminate your user account upon notice to Webrecs at any time. Upon termination by Webrecs or at your direction, you may request a Relocatable User Backup “RUB” of your subscription as per section H, which Webrecs will make available for the standard fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination otherwise, ANY DATA YOU HAVE STORED ON WEBRECS SYSTEMS MAY NOT BE RETRIEVED. After thirty (30) days of notice of termination Webrecs may irrecoverably destroy all data in your subscription.
N. Payment of fees; automatic renewal
The fees applicable for Webrecs subscriptions and services are available at webrecs.com.au and as published within the Services. Webrecs reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
Unless specifically agreed upon in writing between User and Webrecs at the commencement of a subscription term, or unless User notifies Webrecs through the standard Control Panel support network no later than fourteen days prior to the conclusion of the term, at the conclusion of any service term, whether monthly, yearly, or otherwise, Webrecs will automatically renew the service for the same term and will charge the user's credit card or PayPal account on the first day of the renewal term. All payments are in advance.
Payment for all service is due upon the order due date. The Customer must pay all amounts billed in accordance with the billing option they are on. Any questions regarding the charges on an account must be addressed within 60 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
Payment of any charges relating to Relocatable User Backups or additional services will be in advance. If an automatic credit arrangement is in place, the ordering of such a service or product will be deemed to have granted Webrecs the authority to debit the facility (eg. credit card) with the published amount.
No credit terms are given. If payment is not received after the due date a finance fee of 2% (minimum $1) per month will be payable on all overdue amounts.
Accounts with a balance more than 15 days overdue may be suspended without further warning. A $10 Suspension fee will be automatically applied. Suspended accounts may not be altered or closed until full payment is received.
Suspended accounts may be sent to Webrecs’ debt collection agency without
further notice. Any expenses incurred in the recovery of debt, including but not
limited to legal and debt collection costs, shall be claimed on the customer.
If overdue accounts are not settled within 30 days a termination notice will be served, and, as per the termination clause M, the user's account will be deactivated and all files will be destroyed 30 days later.
O. Refund of charges
Except as specifically set forth in this section, all Webrecs services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
Q. Choice of law and location for resolving disputes
R. Notices to Webrecs
You may notify us by e-mail at email@example.com
S. Other terms
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Webrecs may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Webrecs to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Webrecs Privacy & Security Statement
Last updated on 02/04/2013
Webrecs are committed to ensuring the privacy and accuracy of your confidential information. The documents you store on Webrecs are your private documents whose access is controlled solely by you. Webrecs-authorised personnel may, at your request, have access to your documents for the purpose of support or maintenance of your subscription. Any information you enter or send to us will only be used for the purposes of providing the services to you and will not be sold, lent, published or disseminated to any other party.
If you have questions or concerns regarding this statement, you should contact Webrecs legal at firstname.lastname@example.org.
All your interactions with your Webrecs system are encrypted using 256 bit secure socket layer technology (SSL)which make it highly unlikely that any third party can access the data during transmission to or from your subscription
Your data is stored in secure data centres using best practices and software using state-of-the-art security features including password-controlled access, firewalls, VPN's multi-tiered access control and more. Please see Webrecs IT Infrastructure for more details
Collection of personal information
Webrecs will collect certain user information for billing, identification and communication purposes when you sign up for the service. Your information is not collected by Webrecs without your consent , for example, you must click on a button provided on a particular web page to submit your information.
The Webrecs facility, like most other web sites, collects clickstream data. This data enables us to approximate the numbers of users visiting the site, the pages accessed and services used. Our clickstream data does not in itself identify individuals, and is collected by us to improve the Webrecs services.
Webrecs collects and stores credit card details securely to allow automated monthly billing to occur. This can be avoided if desired by making use of the PayPal payment method in which case Webrecs keeps no credit card details.
Usage of personal information
Webrecs will not reveal, sell or in any way divulge information about the customer or the Internet usage of the customer to any individual, business, marketing or research group without prior consent of the the customer or without legal warrant.
Data removal and destruction
Webrecs will permanently remove all data related to your subscription at your written request, or, by default a minimum of 30 days after the termination of your subscription. This minimum period will not be shortened unless you request it in writing, the maximum period is 60 days. Any backups of your data will be deleted a maximum of 30 days after they have been made.
Access to and alteration of records containing personal information
Any profile information that you enter into a Webrecs application may be removed by accessing your profile through the Control Panel.
Use and disclosure of information
Webrecs will not access any content that you store on Webrecs, and will not allow any third party to access your information, unless disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process. We may from time-to-time need to access your content, with your consent, to provide support for the Webrecs system. This access will only be made at your request and will usually not involve access to document content. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us.
Changes in this Privacy Statement