Webtemple is owned and operated by TD Labs Ltd.
The following terms and conditions (“Terms”) govern all use of the Webtemple website and all content, services, and products available at or through the website, including, but not limited to, Webtemple hosting, domains, all plugins, and our API services (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TD Labs Ltd.’s Privacy Policy) and procedures that may be published from time to time by TD Labs (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by TD Labs Ltd., acceptance is expressly limited to these Terms.
Use of our Services requires a Webtemple account. You agree to provide us with complete and accurate information when you register for an account.
Table of Contents
Webtemple Design Subscriptions
Maintain Service
- If you have subscribed to any Webtemple Design Subscriptions, the following terms apply:
- Subject to these Terms, Webtemple will use commercially reasonable efforts to provide you the agreed upon Services. Webtemple has the right to cancel, terminate or abort any agreed or ongoing Services at any time, with immediate effect.
- Webtemple will provide you with reasonable support during projects in accordance with Webtemple’s standard practice.
- It is our goal to provide top-quality work that fulfills your needs with accuracy. In order for us to successfully perform the Services, you must provide our team with sufficient content and instructions to complete the work. Furthermore, requests must be made in accordance to your Webtemple onboarding training.
- You agree that insufficient instruction or use of our Services may produce unwanted results.
- You may from time to time request for Services that fall outside our scope. We will inform you as soon as possible if a request cannot be completed by us within our scope of Services.
- Webtemple does not guarantee that any Services provided will remain functional or compatible after delivery.
- We hold ourselves to a high standard of delivery and would never intentionally submit and/or publish final files, products, and assets with errors to you. However in a rare event that you do receive a file with errors, please notify us promptly and we will do our best to resolve the issue and/or quickly make the revisions and re-submit to you.
- There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
- Webtemple is not liable for any loss of business or loss of revenue incurred from errors in our Services.
- It is your responsibility that any electronic or online delivery or Service provided by Webtemple, as well as any account data, registration data, access data or any other data are copied and saved to your own location by yourself.
- All software and creative assets while actively enrolled with us are yours to keep and own once the Services have been rendered complete and delivered, and/or published live.
- Webtemple reserves the right to retain ownership on Services rendered during any stages prior to completion and publication, including versions rejected by the User or versions produced during the trial period or promotional trials.
- Services performed on approved 3rd party accounts provided by you will remain functioning and in your ownership. Webtemple does not provide support for your owned accounts and does not guarantee functionality after leaving our applications.
- Application data regarding your project and request management in Webtemple are subject to deletion from your dashboard and our systems after 60 days. Any output files or deliverables associated with the project or request will be consolidated and stored in your asset management after project completion. Files in your asset management will remain available for viewing and download if you are actively enrolled in a plan. It is your responsibility to download and save these files for your records.
- All project content will remain on our servers if you are actively enrolled in a plan. You may request at any time to delete your files.
Confidentiality and Proprietary Rights
- You and Webtemple (each a “Receiving Party”) understand that the other party (the “Disclosing Party”) have disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Webtemple includes non-public information regarding features, functionality and performance of the Service. Your Proprietary Information includes non-public data provided by you to Webtemple to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third party any such Proprietary Information in accordance with our Privacy Policy. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
- You shall own all right, title and interest in and to the Customer Data, as well as any data, product, output and deliverable that is based on or derived from the Customer Data and provided to you as part of the Services (collectively, “Work Product”), including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights” (collectively, “Moral Rights”), and any and all intellectual property rights arising therefrom. All Work Product shall constitute a “work made for hire” as such term is defined in 17 U.S.C. § 101, made solely for your benefit. Webtemple agrees that you shall not be subject to any restrictions relating to Work Product under these Terms.
- Webtemple shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) all intellectual property rights related to any of the foregoing.
- Notwithstanding anything to the contrary, Webtemple shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Webtemple will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Webtemple offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. For more information on Confidentiality, please see our Privacy Policy.
- During your use of the Services, and for a period of one (1) year immediately after your last use of a Service, you agree not to solicit any employee or independent contractor of Webtemple or TD Labs Ltd., either on your own behalf or on behalf of any other business or organization, unless you have received written approval to do so, signed by a duly authorized representative of Webtemple.
- During your use of the Services, and for a period of one (1) year immediately after your last use of a Service, you agree to not induce any employee, vendor or independent contractor associated with Webtemple to terminate or breach an employment, contractual or other relationship with Webtemple and TD Labs Ltd..
Your Content:
- Any files and assets you upload to our server, or any other project management platform we may use, (“Your Content”) or submitted through email are considered your content. All materials and content submitted to us when creating your projects remain your property. All files submitted to Webtemple must be owned or legally licensed by you and not be stolen from another entity. You are held 100% liable for all content submitted and their use in completed work, including any infringement on intellectual property rights. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work Webtemple submits back to you.
- Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content: By posting Your Content through our Dashboard or submitting them via Email, you grant Webtemple a license to use it. Webtemple will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use.
- Rights You Grant Webtemple: By posting Your Content, you grant Webtemple a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Webtemple.
- Reporting Unauthorized Content: If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
- Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- You may pause a design subscription at any time from your billing dashboard. Once you pause a design subscription, any active tasks will be moved to your backlog.
- Due to the limited availability of this service, we do reserve the right to cancel any paused subscriptions at our sole discretion.
If you are using our Maintain hosting and website maintenance services, the following applies:
- By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
- In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
- We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
- If you lose access to your Webtemple Maintain account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
- You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.
- You grant us a worldwide, royalty-free, and non-exclusive license to use your brand, website screenshots and their likeness for the purpose of promoting the service.
For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:
- We guarantee a 99.9% uptime SLA.
- We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
- Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
- Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
- Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.
Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:
- The settings for the site has been visited at least once in the Hub in the past 21 days
- A custom domain has been added to the site and validated
- On your website’s privacy policy, you agree to list Webtemple as the data processor, while your company will be listed as the Data Controller.
We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.
Snapshots & Backups
- All Webtemple Maintain members have free storage space shared across all Webtemple-connected sites and can store Snapshot backups for up to 50 days. The storage capacity depends on the membership plan, and additional space can be purchased if needed.
- All Webtemple hosting plans include nightly Hosting backups with no storage costs. Hosting backups can be stored for up to 30 days. Hourly Hosting backup services can be purchased for individual sites at an additional cost.
If you are using the Snapshot Pro backup service, the following applies:
- By using our Snapshot or Hosting backup services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and or restoring your data and content.
- We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
- If you lose access to your Webtemple account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
- You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.
Prohibited Uses
When using Webtemple Services, you agree not to:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights);
- publish, host, or transmit content that is defamatory, slanderous or trade libelous;
- publish, host, or transmit content that is threatening or harassing;
- publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
- disclose the sensitive personal information of others;
- distribute material that is or enables malware, spyware, adware, or other malicious code;
- send spam or bulk unsolicited messages;
- interfere with, disrupt, or attack any service or network;
- resell, share, or publish Webtemple credentials or access;
- make any Webtemple provided plugin available for public download in ways that violate the Terms of the GPL 2.0 license.
Payments & Subscriptions
Webtemple is a membership site and many of our Services require an active paid subscription – including Webtemple Memberships, Hosting, Managed Backups, Concierge Service. (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If a payment for services including hosting, such as the “Maintain Service” fails, we will retry the payment again several times. If the outstanding balance is not recovered within 3 days, your account and website will automatically be suspended.
Any suspended accounts that have not been paid for in over 120 days will automatically be deleted from the system.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
Unless otherwise stated, all our plans are expressed in $ USD (US Dollars) and will be charged for in USD against your payment method on file.
Refunds
Refunds requested are issued at the discretion of Webtemple Staff. No refunds whatsoever will be given for scheduled subscription payments, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.
Product not available for refunds:
- Design Services
- Concierge Service
- Domain Registration,
- Domain Renewal,
- Transfer & Redemption fees are not refundable under any circumstances.
Support
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by email at [email protected].
Our support team is available to you 5 days a week from Monday to Friday from 9AM to 5PM EST. We will answer and resolve queries during that time. Queries can be submitted at any time.
Our support team will be able to help you with:
- Troubleshooting issues
- Restoring websites from backups
- Troubleshooting issues with performance.
- Providing additional information on how to achieve certain tasks within the system.
Our support staff will not be able to:
- Post content on your behalf;
- Change content on your website;
- Change/edit parts of your website.
Apps
As part of the Webtemple Maintain service the following will apply:
- While you have an active Webtemple Maintain Account, you may retain access to the following apps:
- Performance
- Image Compression
- Security
- Backup
- SEO
- These above mentioned apps are available to you only for websites that have an active plan on Webtemple.
- You may have access to other premium apps (plugins), which we will maintain and update on your behalf.
- You may choose to move your website outside of Webtemple, such as to an unmanaged service, in which case you will still retain a copy of the apps in the state they were in when you export your website.
- You will be responsible for maintaining, updating and purchasing your own license to use the premium versions from their respective vendors.
Security
If you are using the Webtemple Maintain Service, the following apply:
We provide you with several layers of security to harden your website, which may include:
- Website Application Firewall
- 2FA Authentication
- Login Bruteforce protection
- File Scanning.
The security services offered by Webtemple are offered “as is” and we make no claim or guarantee as to their effectiveness, nor are we to be held responsible for any damages that you or your website’s end-users may sustain in result of a security breach.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Webtemple of any unauthorized uses of its sites, its account, or any other breaches of security.
Legal Notices
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Our Services are provided “as is.” TD Labs Ltd. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TD Labs Ltd. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ontario, Canada.
In no event will TD Labs Ltd., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TD Labs Ltd. under this Agreement during the twelve (12) month period prior to the cause of action. TD Labs Ltd. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account, dashboard and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate. Other examples of breach of Agreement include, but are not limited to:
- Exploitation of Service and/or Webtemple employees
- Harassment of Webtemple employees
- Solicitation of Webtemple Employees using communication channels outside of the ones provided;
- Excessive payment failure
- Payment chargebacks
All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
No modification or amendment to these Terms will be binding upon Webtemple unless in a written instrument signed by a duly authorized representative of Webtemple. For the purposes of this section, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles.
Webtemple’s failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect Webtemple’s right to later enforce or exercise it, unless Webtemple issues an express written waiver, signed by a duly authorized representative of TD Labs Ltd.
You may not assign these Terms, or any of the rights or obligations hereunder, without Webtemple prior written consent in the form of a written instrument signed by a duly authorized representative of TD Labs Ltd. or Webtemple (and, for the purposes of this section, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles). Webtemple may freely assign these Terms, or any of the rights or obligations hereunder, without your consent. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of the parties.