Acceptance Of Terms
Description Of Service
The Site is an online service offering backup and restoration packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Web Defender makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Web Defender. Web Defender reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
Web Defender service does not support multi-site WordPress installations.
As a condition to using Services, you are required to open an account with Web Defender and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Web Defender account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Web Defender account.
Services are available only to individuals who are at least 18 years old.
We reserve the right to modify the Service and prices of the Service offered at anytime on our Site. You agree that the Company may attribute all use of your username and password to you and that you are responsible for all activities that occur under your username and password. You must notify us immediately if you suspect any unauthorised use of your account or any other breach of security.
You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
The Company does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, the Company reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 18 or are otherwise unable to accept and agree to these Terms, you may not use or access the Service. If we discover or have any reason to suspect that you are not at least 18 years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Web Defender, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Web Defender, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or Web Defender Username and password, or (iii) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Web Defender be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
Web Defender, dashdesk.it and other Italic Group Pty Ltd graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Web Defender. Web Defender’s intellectual property may not be used in connection with any product or service without the prior written consent of Web Defender. The images and icons available in the Web Defender Press Kit may used by partners and third party sites in connection with providing appropriate links to the Web Defender Site.
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail email@example.com or create a ticket at https://webdefender.com.au.
Each request is subject to the chosen response time based on subscription plan.
We provide “priority support” via email only for the Complete plan. We do not guarantee a specific response time and we do not provide a service level agreement. In general, we operate weekdays from Monday to Friday, 9am to 5pm AEST. We will try to respond to email inquiries within one business day. Priority support is offered on a per user basis and not a per license basis. This means that we limit the amount of support we provide per paid license. Our support offered for the Complete plan is limited to 2 hours of support per incident. We reserve the right to decline further support or to charge for additional support beyond the 2 hours of support. We endeavor to provide you with excellent customer service, but we reserve the right to immediately terminate service without a refund if a user is insulting, threatening, or abusive to our support team, or violates these Terms. We do not provide support for issues that are not directly related to the Service, such as website configuration.
Billing; Refund Policy
We may require payment of fees for use of certain features of the Service, including our subscription plans. If you purchase paid features of the Service, you agree to pay all applicable fees with an approved credit card that you provide, or via other payment mechanisms that we specify, when completing your Service purchase.
You will be charged immediately, or at the expiration of your free trial period if applicable, for use of the paid features of the Service.
If you purchase one of our other subscription-based services, your subscription will automatically renew at the conclusion of your then-current term, unless you cancel at least 3 days before the conclusion of the then-current term. You must cancel your subscription and turn off auto-renewal to end recurring charges. To cancel, please login to your webdefender.com.au account and turn off auto-renew.
We offer a money back guarantee that provides you with a refund of the amounts you paid in connection with your use of the Service in the month you contact us in accordance with this Section. If you are not fully satisfied with the Service and wish to request a refund in accordance with the Section, please contact us at firstname.lastname@example.org. Except as otherwise stated in these Terms, all fees paid for the Service are non-refundable.
Termination & Cancellation
Cancellation can occur at anytime after your first month (30 days) of service. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.
Web Defender may terminate or suspend any and all Services and/or your Web Defender account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Web Defender account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
Web Defender reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Web Defender will notify you by posting an announcement on the site. What constitutes a material change will be determined at Web Defender’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Web Defender in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Web Defender shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Web Defender’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Web Defender may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Queensland Australia. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.