Mailbox Protection: End user Terms and Conditions
These are the standard terms and conditions of supply of the Mailbox Protection service ("Service" or "Services") offered from time to time by Webvisions. These terms and conditions constitute the entire agreement between Webvisions and the Customer for the supply of Mailbox Protection services ("this Agreement"), and supersede all prior agreements, understandings and representations whether oral or written.General
The Webvisions Mailbox Protection Service currently provides users with access to Internet email spam filtering. Unless explicitly stated otherwise and in writing, any new features that augment, enhance or modify the current Service, including the release of new Service properties, features or options, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that Webvisions assumes no responsibility for the timeliness, deletion or incorrect delivery of any email communications processed by the Service.
- Webvisions and its Partners shall be entitled to store, modify, inspect, use the e-mail messages classified as spam (or reported as (non-)spam) and to share them with or transfer them to third parties.
- Webvisions shall make efforts to take measures in order not to store or inspect the e-mail messages that are not designated as spam but it shall not be liable for any failure in this regard. If necessary for technical reasons or for the improvement of the software and/or the Services Webvisions shall be entitled to inspect the e-mail messages or to use them. The contents shall be treated confidentially.
- The Customer declares that Webvisions shall not be liable for any loss or any damage that the Customer may suffer as a result of the non-availability, incorrectness or incompleteness of the Software and/or Services.
- Webvisions will commence charging for the Service from the date that the Service is made available to Customer. The Customer shall pay the total fees in advance for the entire Minimum Period or Renewal Term, as applicable. In the event of late payment of the fees, interest at a rate of [ ● ] per annum will be imposed on the outstanding fees from the date when it was due until the date when payment hae been fully made.
- If at any time the number of Users, amount of storage or other chargeable units exceeds the purchased amount, the Customer must place an additional order for such excess.
Webvisions will provide the Service with all reasonable skill, care and diligence in accordance with industry standards.
Disclaimer; Assumption of Risk. THESE SERVICES ARE PROVIDED "AS-IS". EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, WEBVISIONS EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES, WHETHER BY STATUTE, AT COMMON LAW OR OTHERWISE RELATING TO DEFECTS IN THE SERVICES. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, USE, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT SUBJECT TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. WEBVISIONS DOES NOT GUARANTEE THAT 1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND THAT ANYTHING GENERATED FROM THE SERVICES WILL BE ACCURATE AND RELIABLE, 2) THAT THE SERVICES WILL DETECT OR REMOVE VIRUSES, 3) THAT FILES WILL BE RESTORED TO ANY OPERATIONAL STATE, OR 4) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Damage Limitation. YOU WAIVE ALL LIABILITY OF WEBVISIONS AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY DIRECT INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE FOR LOST PROFITS, GOODWILL, REVENUE, BUSINESS, USE, DATA OR OTHER INTANGIBLE LOSS WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING YOUR INABILITY TO ACCESS AND USE YOUR EMAIL, ITS CONTENTS AND THE SERVICES, LOSS, CORRUPTION OR ANY DAMAGES RESULTING THEREFROM, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE SERVICES. THIS WAIVER APPLIES EVEN IF WEBVISIONS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply save in the case of personal injury or death caused by Webvisions’ own negligence and to the maximum extent permitted by applicable law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this Agreement have been breached or proven ineffective.
Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. WEBVISIONS DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH ITS SERVICES AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
Indemnity. To the maximum extent permitted by applicable law, the Customer shall indemnify and hold Webvisions, its officers, employees, agents, associates and business partners harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a fully indemnity basis), losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever which Webvisions, its officers, employees, agents, associates and business partners may sustain, incur, suffer, or pay arising out of, in connection with or pursuant to, these terms and conditions or to the use of the Services by the Customer or any act or omission of the Customer thereof, in particular in relation to any breach of the terms and conditions herein. This indemnity shall be a separate and independent obligation from any other obligation owing to Webvisions.
Force majeure. Webvisions shall not be liable for any delay or failure to perform Webvisions' obligations as a result of happening of any event of force majeure. If such delay or failure continues for at least ninety (90) days, Webvisions or the Customer will be entitled to terminate this Agreement by written notice. "Force majeure" shall include but not limited to any cause beyond Webvisions' reasonable control, acts of God, unusually severe or extreme adverse weather conditions, destruction by fire, storm, flood, earthquake, windstorm or other natural disaster, explosion, any accident, collapse of building structures, failure of computers, acts of governments, compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law), acts of terrorism, hostilities between nations, war, invasion, threat of or preparation for war, nuclear, chemical or biological contamination or sonic boom, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, civil commotion or disorder, riots, strikes, boycotts, lockouts, or any shortage of or difficulty in obtaining labour, fuel, raw materials or components, interruption or power failure, blackouts, any destruction, temporary or permanent breakdown, malfunction or damage of or to any premises, equipment (including computer systems), non-performance by suppliers or subcontractors, industrial and labour dispute, infectious diseases or epidemics.
Miscellaneous. None of the provisions herein may be varied or amended except by the written agreement of the parties and signed by their respective authorized representatives thereof. In the event that any provision of this Agreement is found to by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal for any reason, such invalidity, unenforceability or illegality shall not affect the remaining provisions of this Agreement which shall remain in full force and effect.
Webvisions shall be entitled to assign this Agreement to any company in the ICONZ Webvisions group of companies ("ICONZ Group") or to any company which Webvisions may merge or to any company to which Webvisions may transfer its assets and undertaking to, provided that any such company as aforesaid undertakes and agrees in writing to assume, observe and perform our rights and powers and/or duties and obligations under this Agreement being assigned transferred or otherwise made over. The Customer shall however not assign this Agreement without Webvisions' prior written consent. Any assignment or transfer of the Agreement by the Customer in violation of this provision will be void. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of either party.
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons.
This Agreement is governed by the laws of Singapore and the parties hereby agree to be bound by the exclusive jurisdiction of the Singapore courts.