These terms and conditions of the Webasyst application hosting service (hereinafter “Conditions”) constitute an agreement between you (hereinafter “User”) and Webasyst, LLC (hereinafter “Provider”).
The Provider provides access for the User to web interfaces of Webasyst applications, installed on the Provider’s servers (hereinafter “Service”). User interface for managing the Service and accessing applications is hereinafter referred to as “account”.
User is allowed to use Webasyst applications and their components within the Service, which are pre-installed or can be installed in the account by means of the built-in Webasyst Installer application. Installation of software products using other methods as well as modification of the source code of installed products are not allowed with the exception of cases when such modification occurs by means of tools provided in User’s account.
Account name, login name, and password
During registration the User specifies the name for the their account, a login name, and a password. The account name must be unique and cannot be modified after the account creation.
Access to Service
Provider makes every reasonable effort to ensure that User can access the account 24/7. Nevertheless, User acknowledges and agrees that the account may be temporarily inaccessible for any number of reasons, including, but not limited to, connectivity problems, server and network downtime, planned maintenance of Provider’s servers, or other force-majeur circumstances.
User accesses the Service via Internet; any applicable connection expenses are paid by the User. User should have all the devices to connect to the Internet including a computer and a modem or other connection-enabling devices. User may access the Service only via the web interfaces provided by the Provider.
The Service is provided free of charge during the initial 30-day period (hereinafter referred to as the “trial period”) following account creation. During the trial period the Service is provided with a limited available amount of operations and server resources. Such limitations may be modified at any time by the Provider without prior notice to the User.
Upon expiration of the trial period the User is offered an opportunity to continue using the Service for payment in accordance with the pricing plans published on the Provider’s website at webasyst.com.
Should payment for the Service be delayed for more than one month upon expiration of the last paid period, User must compensate the cost of account data recovery as an additional payment.
In case of Service suspension for delayed payment for more than one month, the Service is considered fully rendered to User and must be paid for in accordance with these Terms.
Provider offers free technical support to User on Service-related inquiries only in written form. To receive support, User must send a request via Webasyst Customer Center at https://www.webasyst.com/my/requests/my/. Provider makes all reasonable efforts to provide every inquiry with a qualified and efficient reply within 24 hours.
Deletion of a Trial Account
If User does not desire to continue using the Service and has not provided payment by the end of the trial period, their account, and all data contained within, is subject to automatic deletion without possibility of recovery.
User agrees that Provider may suspend operation of User’s account if User has violated any of these Conditions or applicable law, or performs fraudulent or other illegal actions; e.g., by sending SPAM emails, or by knowingly executing actions which result in reduced security or performance of the Provider’s equipment.
Provider reserves the right to verify any information about fraudulent claims or other illegal actions performed by User, or on actions violating these Conditions. Such verification may include full analysis of all data contained in User’s account. Provider undertakes not to disclose information obtained during such verification to third parties unless it is required by law.
The described suspension of the Service may take place with a notification sent to the User or without a notification and takes immediate effect. User agrees that Provider shall bear no responsibility to User or any third party for such Service suspension.
User agrees to keep secret all information about login names and passwords used to access their account. User agrees to inform the Provider about any known or alleged cases of unauthorized use of the account or other sensitive information stored on Provider’s servers.
User agrees that:
a) The decision to use the Service is made solely by the User. Provider deliberately disclaims guarantees of any kind, apparent or implied, including, but not limited to, guarantees of profits resulting from the use of Services and their adequacy for particular purposes, which are not described in these Conditions.
b) Obtaining information via the Service through downloading files or otherwise takes places at the User’s discretion. User is the sole person responsible for any damage to hardware or loss of data which may result from obtaining such information via the Service.
c) Recommendations or information, in oral or written form received by User from Provider or via the Service imply no guarantees, unless otherwise specified in these Conditions.
Limitation of Liability
It is agreed by the User and the Provider that Provider is not liable for direct, implied, accidental, intentional penalties, losses and other damages, including, but not limited to, loss of income, reputation, user rights, data and other types of losses with intangible assets involved (even if Provider was informed such losses may occur), in case such losses and damages resulted from a) use or inability to use Services; b) acquisition of alternative goods or services as a consequence of the use of Services to acquire goods, data, information, services, messages or make deals; c) unauthorized access to data or their damage as a result of User’s action; d) actions or claims related to the Services expressed by third parties; e) any other reason related to the Service.
User agrees to indemnify and hold Provider, its subsidiaries, affiliates, officials, agents or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content User submits, posts, transmits or makes available through the Service, use of the Service, connection to the Service, violation of these Conditions, or violation of any other registered rights.
The Service, Provider’s servers, information and trademarks, including but not limited to the materials distributed or presented to the User including the intellectual property rights are the sole property of the Provider and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Webasyst Software Agreement
This document is a legal contract between you (hereinafter referred to as User) and Webasyst LLC (hereinafter referred to as Author). The agreement covers all versions and modifications of Webasyst software distributed by Author. Installation of paid Products requires payment on the Author’s website. Free Products are available for installation free of charge.
End User License Agreement
End User License Agreement is available by this URL: https://www.webasyst.com/au/legal/eula/.
Author constantly improves the Products; the improvements are based on users’ requests and Author’s research, development, and marketing data.
Author modifies the Products, including additions, deletions, changes of existing features and/or user interface, at their discretion.
Updated versions of the Products, containing patches, bug fixes, and minor modifications of supported functionality are offered to User free of charge. In addition to free updates, Author may release new versions of Products containing significant enhancements of functionality and new features on a paid basis. The price and purchasing conditions of paid Products versions are published on Author’s website. User purchases new versions of paid Products at their discretion.
User can download updated versions of the Products using Installer application which an integral part of all Webasyst Products. Installer enables automated installation of Product updates by downloading updated components from the Author’s server to the User’s server.
User will receive notifications on updates published on the Author’s website or via email. In addition, Installer application informs the User of available updates after they are released and uploaded to the Author’s server.
Author offers free technical support covering Product installation and operation issues in written form via Customer Center on Author’s website. Author makes every reasonable effort to provide a qualified and efficient reply for every query within 24 hours from the moment of its receipt.
Author provides no support for the issues related to custom tuning and modification of PHP scripts and HTML/CSS modifications; nor does Author perform such operations at request from User.
Author does not provide educational services covering the technologies (PHP, HTML, CSS, etc.) used for the development of Products.
If User modifies the source code of Products, Author does not guarantee compatibility of such modified Products with the updates released and disclaims all obligations related to further support of the modified Products.
Author respects private information of Users. Any piece of information supplied by User and stored on Author’s server is not subject to disclosure or transfer to any third party under any conditions, except for the requests issued by law enforcement agencies under applicable legislation or court order.
Email addresses specified at registration are used by the Author only to send messages required to process orders of Users, send notifications on the Products’ updates, and advise of any changes in the operation pattern of the Customer Center.
User can unsubscribe from Author’s email messages by using a special link available in each message sent by Author.
Author reserves the right to use User’s IP address to verify the information submitted when purchasing Products.
Deletion of personal data
User may require cancelation of Author’s right to collect User’s personal information, by sending a written request, composed in an arbitrary form, to Author’s email address firstname.lastname@example.org. Author will promptly satisfy such a request and will also delete all collected User’s personal data.
Since Author supplies non-tangible goods which cannot be physically returned, a refund will be given only if the purchased paid Product does not contain features listed on the Author’s website, if Author verifies that such discrepancy exists.
NOTE: To avoid misunderstanding or confusion, User should carefully familiarize himself with the chosen Product’s User Guide and other support materials published on the Author’s website, or contact the support service to receive detailed answers about the Product’s properties and features, and their adequacy to the User’s needs.
Insufficient knowledge, skills, and/or technical resources on the part of a User are NOT reasons for a refund. The list of such insufficient knowledge, skills, and technical resources includes, but is not limited to, the following:
- inability to use a Product due to non-compliance of configuration and/or installed versions of the utilized system or other software to the system requirements published on the Author’s website;
- inability to adjust or change the look and feel of a Product due to lack of required knowledge of HTML or CSS;
- inability to modify the source code due to lack of required knowledge of PHP, MySQL, or Smarty.
Refund can be issued upon receipt of a written claim faxed to Webasyst within 90 (ninety) running days from the purchase date. The claim must include a formal statement with 1) guarantees by the User not to use the purchased paid Product in any form and 2) the date when all files received from the Author and related to the Product have been deleted.
After 90 (ninety) running days from the purchase date Author will accept no refund claims.
Author will refund only the sum received for the corresponding paid Product, without commissions or other charges imposed by banks or other processing entities. Sums paid for installation services are not refunded under any conditions.
Refund takes up to 15 (fifteen) days from the day Author receives the claim and decides positively upon a refund.