Terms of use

Effective date: 28 May 2019

Welcome to Webengen Studio! Thank you for using our platform and entrusting your website to us.

Below you may find Terms of Use applicable to anyone accessing Website (www.webengen.com) (hereinafter referred to as " Webengen Studio" or "Website) and projects related to Webengen Studio or any information stated therein.

Please read these Terms of Use carefully. By accessing and/or using the Website and the Services provided on Website (hereinafter referred to as “Services”), you express your consent to be bound, without limitation or qualification by these Terms of Use. Those who sign up for Webengen Studio on behalf of legal entities shall represent and warrant that they have the authority to accept these terms on their behalf.

Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
If you do not agree to any of these terms, please refuse to use this Website.

1. Using Webengen Studio and Personal Information

1.1. Sign-up
To use the Services provided by Webengen Studio you will be asked to create a user account (hereinafter referred to as “Account”). By signing up for Webengen Studio you express your consent to provide us with accurate, complete and updated information for your Account. This information may be used for contacting you and for informing you of the latest updates and news related to Webengen Studio.

1.2. Personal Information
Please make sure that any personal information stored in your Account is safe from unauthorized use. Don’t provide Third Parties with information related to access to your Account, such as login and password. If you notice or suspect any loss, theft or unauthorized use of your Account or password, please notify us immediately. You are responsible for any activity on your Account on Webengen.com Thus, we are not liable for any acts or omissions by you in relation to your Account.

1.3. Minors
Children under 13 years of age are not permitted to use Webengen.com. Children from 13 to 18 years old are not permitted to use the Website unless they have received permission from a parent or legal guardian.

2. Content

2.1. Users’ Intellectual Property
Subject to the Agreement between Webengen Studio and You, you shall own all the content uploaded or created by you, including but not limited to any texts, photos, images, music, videos, etc., unless the content is the property of Third Parties or has been uploaded from any publicly available sources.

2.2. Third-Party Intellectual Property
You may use Third Party content, including but not limited to images, videos, fonts, and audio, on your website only after getting official permission or license from the content owner.
Unless manifestly permitted by the author or content owner, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials on your Website shall be prohibited.
If you fail to abide by the above regulations, Webengen Studio reserves the right to suspend your Website for further investigation.

2.3. Content Guidelines
The following types of content are prohibited for publishing on Webengen Studio:
• Adult: pornography, use of pictures, videos and other forms of media files containing nudity in a sexual context and/or exposed genitalia;
• Copyrighted Content: any content protected under Intellectual Property laws that you do not own the rights to;
• Black-Hat SEO/Spam Content: any content that aims to gain search engine rankings, likes or provide irrelevant advertisements;
• Illegal Content: any sort of content that may infringe upon current legislation of the United States or other countries;
• Phishing: any sort of content that may induce users to provide their personal data for inappropriate use that may be harmful to them or illegal;
• Scams: dubious schemes (e.g. financial pyramids) that promise getting-rich-quick;
• Harmful Content: any content that may be harmful to the health of its users, for example, the one causing seizures;
• Illegal Products Promotion: content referring to promotion or advertising of products that are prohibited for sale or restricted under current legislation, including weapons, drugs, counterfeit goods, stolen items, and items that violate privacy rights or may be considered offensive.

Webengen Studio reserves the right to suspend or terminate any Account involved in posting the above-mentioned types of content.

2.4. Webengen Studio Intellectual Property
Webengen Studio and its Services are protected by copyright, trademark and other proprietary rights of Webengen Studio. Thus, any content provided by Webengen Studio
is protected by Intellectual property laws, unless it has been uploaded by Users or Third Parties.

Unless manifestly permitted by Webengen Studio, third-party authors, users, or intellectual property laws, copying, storage, reuse, redistribution, publication or any other form of abuse of copyrightable materials shall be prohibited without referring to initial source.

Nothing in these Terms of Use may be interpreted as a waiver of Webengen Studio Intellectual Property rights under any law.

3. Privacy

Webengen Studio may require you to submit certain personal information that will be collected and used exclusively for the purposes of using our Website. By using this Website, you agree to the collection and use of personal information, including processing and storage of such information in other countries and transfer between them by Webengen Studio, its affiliates, and partners. Read Webengen Studio Privacy Policy to find out more about how we collect, store and use your personal information and what measures we take to protect your privacy.

4. Service Fees

4.1. Purchases and Payments

Fees for Webengen Studio Services are firm and do not contain any hidden fees. If your bank account or account in the payment system of your choice has been debited with the amount higher than the fee listed on the Website, the difference might be the result of transaction fees or other fees required by your bank or payment system. You hereby agree that Webengen Studio isn’t in any way responsible or liable for additional fees arising from the use of bank or payment systems services. Thus, in case of any deficiencies in the payment amount, please contact your bank or payment system.

Once your payment is confirmed, you will get a payment confirmation stating the amount due as well as all the details of your purchase. A formal invoice form may be issued only on demand.

Apart from that, you may be sent any kind of payment confirmation by your bank or payment system. All the prices for Paid Services are listed in GBP unless stated otherwise.

4.2. Taxes
All fees listed at Webengen Studio don’t include any applicable national, local or other taxes. All applicable taxes will be added to the fees for requested Services and will be indicated in the invoice you are to receive upon confirmation of payment for a certain Paid Service.

4.3. Pro Subscription Auto-Renewals
To provide you with uninterrupted and flawless experience with the Paid Account, we use automatic renewals of subscription for our Services. Thus, you will be charged the applicable Fee for our Services for a renewal period equal to the original subscription period for such Services through the same payment method you have used making the original payment.

For example, if your original subscription period is one month, each renewal period will be equal to one month. If you don’t cancel the subscription for Webengen Studio Services, Webengen Studio will automatically renew the subscription and charge all the next applicable Fees when the period of a previous subscription ends.

4.4. Refund Policy
If you are not satisfied with the quality of Webengen Studio paid services for any reason, you may claim your money back within fourteen (14) days since the day of your purchase.

If Webengen Studio has bought a domain name for you as part of the subscription plan and you claim a refund, Webengen Studio reserves the right to deduct the domain price from the refund amount. You may also request to keep a domain name that Webengen Studio has bought for you, on demand. Please state your intention to keep such a domain name while asking for a refund.

This provision does not apply to the following cases: (a) if you’ve failed to comply with our Content Guidelines, referred to in paragraph 2.1 above, or have been accused of breaking any laws with your content; (b) if you have purchased Third Party Services subject solely to Third-Party Terms and Conditions, which waive Webengen Studio of any obligations or liabilities.

4.5. Fees Change
Webengen Studio fees may be changed at any time. In case of any Fee changes, you will be notified thereof in advance. New fees will be applicable only to future payments. If you don’t agree to a Fee Change, you may cancel the subscription for a Paid Service at least 24 hours before the next payment date.

4.6. Chargebacks
If at any time upon purchasing a Paid Service you ask your bank or credit card company to decline, chargeback or otherwise reverse the payment due to Webengen Studio, this will be considered a breach of your obligations, resulting in disabling or terminating your Account. Any data stored in such Account may be removed permanently.

If a chargeback has been performed by mistake, please contact us.

4.7. Fees for Third Party Services.
Third Party Services purchased on Webengen.com are subject to third-party refund and cancellation policies.

The applicable policies can be accessed during the purchase process through the link to the Terms and Conditions of the purchase. We recommend you read them prior to completing the purchase, as we don’t guarantee refunds for Third Party Services.

5. Cancellation Policy 5.1. Cancellation by UserYou may delete your Account or cancel the Paid Subscription at any time by contacting us. We will process your cancellation request and will terminate the Account within one (1) working day. To avoid the next auto-renewal payment, we recommend disabling your Account at least 24 hours before the expiry of the current subscription period. 5.2. Cancellation by Webengen StudioWebengen Studio has the right to suspend or terminate any Account or deny access to any of Webengen Studio Services at any time due to the User’s failure to comply with our Content Guidelines, referred to in paragraph 2.1 above or when requested by the court or legal bodies in case of law infringement by the User. If you have failed to comply with the Content Guidelines, we’ll notify you via contact options provided in the User Account. The Account may be renewed if the problem has caused the suspension or termination has been resolved or if the prohibited content has been removed from the Account. 6. Third Party Services Webengen Studio may provide you with a number of Third-Party Services, such as domain registrars, website building tools, applications, design services, and other services. In terms of Third-Party Services, Webengen Studio acts solely as an intermediary and is not responsible or liable for Services provided by Third Parties. Thus, Webengen Studio will not in any way be involved in the transaction, communication or any other interaction with Third Parties. Webengen Studio may recommend using certain Third Party Services for better user experience and/or as a part of an extension of Webengen Studio Services. You hereby agree to use Third Party Services exclusively at your own risk. Any Services rendered in such a manner shall be subject to such legal terms as stipulated by Third-Party Terms and Conditions. We recommend reading them carefully before engaging in any activity with Third Parties. 7. Limitation of Liability Under no circumstances shall Webengen Studio, its officers, directors, shareholders, employees, affiliates and/or agents be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, resulting from: (a) any aspect of your use of the Website, whether the damages result from use or misuse of the Website, from failure to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website; (b) use of any Services or products obtained through or advertised in connection with the Website or any external links on the Website; (c) use of any information or advice obtained through or advertised in connection with the Website or any external links on the Website; (d) errors, mistakes, or inaccuracies of or in any content; (e) events beyond the reasonable control of Webengen Studio. These limitations shall apply to the fullest extent permitted by law. 8. Law and Jurisdiction To the maximum extent permitted by law, this agreement is governed by the Laws of the United Kingdom, and you hereby consent to the relevant courts being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Webengen Studio Website and/or Services. In case of any disputes arising from the use of Webengen Studio and/or its Services, we will take any measures to resolve the dispute in an amicable manner. You hereby agree to try to resolve a dispute by first contacting us. We'll try to resolve the dispute informally by contacting you via email, phone or other means of communication. Failing to resolve the dispute within thirty days of the receipt of your first notification outlining the problem, the case may be referred to the courts. 9. Changes and Updates Webengen Studio may occasionally change and update these Terms of Use, and undertakes to post the most current version of the site. If a change or update limits your rights or options in any way, we’ll notify you thereof as soon as possible. The notice will stipulate a period after which the new terms will come into force but not earlier before new Terms of Use are published on the Website. Neither changes nor updates will ever apply retroactively. By continuing to access or use the Website and/or any Services rendered by Webengen Studio after any changes or updates become operative, you agree to be bound by the new Terms of Use. If you disagree with our changes or updates, please cease to use the Website and its Services. 10. Notices We may send you relevant notices using one of the following methods: (a) via the Webengen Studio Services, including a banner or pop-up, push notification within the Webengen Studio Website, Account or elsewhere; (b) by email, sent to the email address you provided us; and/or (c) by phone numbers provided in your Account; (d) by letters sent to physical addresses that you provided in your Account; (e) using any other ways of communication available in your Account. Webengen Studio notice to you will be considered as received and operative within twenty-four (24) hours after it was sent or published by any of the above-mentioned ways unless the notice indicates otherwise. 11. Support Should you have any further questions regarding the use of Webengen Studio or its Services, contact our support team at moc.negnebew%40ofni or call us: +44 1405 955055. We would be glad to clear things up for you! 12. Translation These Terms of Use were originally written in English (GB). We may at some point translate these Terms of Use into other languages. If a translated version will somehow conflict with the English version, the latter shall prevail.

By using our services you agree to our Terms of Use and Privacy Policy