The canonical location of Webconverger's Terms and Conditions is http://webconverger.org/terms.
It comes complete with a changelog and is subject to change.
This agreement is written in plain English and should be read as such. This agreement is subject to English law in the jurisdiction of the United Kingdom.
We have used the terms we, us, our, etc to mean Webconverger Ltd, and you, your, etc to mean the customer to whom we are providing services. We are Webconverger Limited, a company registered in England and Wales number 6366403 and in Singapore number 201211208C.
Webconverger subscription terminology versus license
To avoid confusion with the opensource licensed Webconverger PC operating system, we prefer to sell our managed PC services as "subscriptions" and not as "licenses" as our competitors typically do.
Each subscription is mapped to a machine identity; a unique combination of a PC's motherboard identifier and its MAC address.
One off subscriptions
A "one off" subscription is fixed to a particular machine identity (that particular hardware's motherboard identity and MAC address) and is non-transferable. Once you have paid for the one‐off subscription, unless we render any professional services to you for customisation, you shall not have any ongoing liability to us for payment.
By purchasing a one off subscription, you are allowed to continue using the product for as long as it is on the machine that it is mapped to. If the machine's hardware fails, you must buy a new subscription since you will not be allowed to replace the identity with a new machine. Note that a hard drive / disk failure does affect the machine identity.
Limitations of liability
We understand that ongoing operation of services we provide is important to you but we expect you to understand that services can fail for a variety of reasons. It is also possible for us to make mistakes. As such we expect you to take whatever precautions or insurances against such failure or mistakes as you see fit, including situations where we may be negligent.
Both parties liability for direct losses is limited to the amount that you paid for the product or service.. Neither party shall be liable for any consequential or indirect losses howsoever arising.
If we are negligent, then we accept that we have liability. We require you to prove we have been negligent in such cases. We require you to demonstrate actual losses for your claim. We require you to take all reasonable steps to minimise your losses.
Whilst there are no limits on our liability for death or personally injury due to negligence, we limit our liability for any other negligence or any other reasons to a refund of the amount paid for the failed goods or services. (We also make it a condition that you do not use any of our services in any safety of life situations where a failure could cause death or personal injury). You agree to this limit whether we are negligent, or not, and even for liabilities that somehow occur when we are not in breach of contract with you.
It is important to realise what this means. Basically, in most cases, if we mess up, the most you can get is your money back. Some of our services are very cheap and some are even free of charge, so this is not a lot of compensation. If this is a problem, then you should look at getting your own insurance or buying services from someone else. When you order goods or services from us you are agreeing to these limits of liability.
These terms do not affect your statutory rights, and apply to the full extent that the law permits them to within those rights.
Webconverger takes responsibility of any Intellectual Property rights issues arising from our product. We will indemnify you if, by using our products or services as contemplated by this agreement, you are found to be in breach of a third party's intellectual property rights and such indemnity shall not be limited by the above clauses.
License of Webconverger
The Webconverger operating system is based on opensource software, with notable exceptions of non-free wireless firmware and Adobe flash. You must understand that the branding (logo and the name "Webconverger") are proprietary. Only our Webconverger built images can display the logo and can be sold as "Webconverger".
Services of Webconverger include the support provided by us for the products and/or services you have purchased and the configuration manager.
If you derive services from us, you must maintain a subscription, i.e. you must have paid for services you use.
If you fail to to pay for a subscription to use the product, we reserve the right to terminate the service and reset Webconverger to its unconfigured defaults.
We warrant that the product will perform substantially in accordance with its specification.
Termination of service means the nullification of your configuration, which in turn resets Webconverger to its defaults. Webconverger at its unconfigured or uncustomised defaults can be used without payment.
It is a violation of the contract to circumvent termination. You must continue to pay or stop using the service.
During this Agreement either party may provide the other with confidential information. Each party recognises and agrees that a breach of such confidentiality may cause irreparable harm and damages may not be an adequate remedy. Each party indemnifies the other in respect of any breach of confidential information and such indemnity shall not be limited by the Limitations of Liability clause above.
Our service levels are supplied on a best efforts basis and in accordance with the Webconverger service level agreement and form part of this Agreement.
We offer a 30 day money back guarantee once service has begun. So if you began trial at the beginning of the month, and made payment at the beginning of the second week, you have until the end of that month to cancel the service and receive a full refund.
Upon your written notice (including email) to us to cancel the service, we will immediately terminate the service and return your money minus any payment transaction fees within 30 days after receiving the notice.
For bank transfers you must bear all the costs of the bank transfer.
Unless we agree otherwise, invoices are due for payment immediately. We are prepared to agree terms such as 14 days, 30 days or end of following month at our discretion and as notified to you by email.
Credit is not automatic or a right and we may withdraw or change credit terms for future invoices if we wish but upon notice to you. If you do not agree to the terms stated on the invoice you must contact us immediately.
If we don't enforce our contract terms at any point it doesn't mean we won't later.
If we don't charge you for something right away it doesn't mean we won't charge for it later.
These terms are not intended to benefit any third party as per Contracts (Rights of Third Parties) Act 1999.
We may anonymously quote your bug reports on our public bug tracker.
We may anonymously quote comments from any emails or comments we receive from you unless you specifically say we can't, e.g. for our testimonials page. We will ask first.