Rules of Service Terms and Conditions

Web Marca (“we”, “our” or “us”) or Webmarca (single word) provides guidelines and agreement through our Service Terms And Conditions page for services. This applies to all visitors who use the site for the purpose of using certain products and features of Webmarca website. It could refer to either paid or free services available and offered here on this site. This serves as an extension of rules for our Data Protection Statement.

Effective Date: Apr 01, 2020
Last Updated: Feb 01, 2021
Latest Changelog: Initial Release

Table Of Contents

By accessing our website and/or our services then you agree to be bound by these Service Terms And Conditions for services. If you disagree with any part of the rules and regulations specified here then we recommend that you refrain from using such services and features. This is for the purpose of being transparent on our offers and limitations to avoid confusion especially on premium features being paid.

Scope With Rules Of Service Terms And Conditions

2.0 Scope with Rules of Service Terms And Conditions

Your continued use of Web Marca website and services, applies the Terms And Conditions. Wherein it means that you understand, accept and agree to the current rules and changes at a later time. It is expected at your responsibility that you check this page frequently. So that you are aware of any changes, as they are binding to you as a user or client of Webmarca website and our services.

The following Web Marca terms and conditions refers to Webmarca website services and use. This governs your access to and use of this website Including any content, functionality, software and other services offered on or through this website, subdomain and our other owned sites. Please read and understand these Terms And Conditions carefully before using the Webmarca website and services operated by Web Marca.

Your access and use of our website services and features is in accordance with our terms and conditions. So upon your acceptance by continuing usage of our website and services is in compliance under these Terms And Conditions. These Conditions, Rules and Regulations apply to all visitors, users, clients and others who wish to access or use this website and its services.

3.0 Changes to the Terms And Conditions

We may revise and update these Terms And Conditions from time to time at our sole discretion when deemed appropriate. All changes are effective immediately when we post and update this page. It applies to all access and use of Web Marca Website and its services thereafter.  If it is a major revision, we may provide a 30 days period, prior to any new terms taking effect. What constitutes a major change will be determined at Webmarca team sole discretion and can be found under changelog.

4.0 Paid Services and Premium Website Features

Web Marca website offers different paid services and premium website features. The funds or revenue earned from it, are distributed towards the salary of our employees. Additionally, an allocation of this budget is spent on paying the bills and expenses for the maintenance and keeping up Webmarca site. While, the remaining income is saved on technology or software upgrade for service improvement and website enhancement.

Paid Services And Premium Website Features subscription renewals

4.1 Subscriptions and Renewals Terms and Conditions

Certain parts of Web Marca website services and features are billed on a subscription basis on different periods depending on what you signed up for. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). These payment cycles are set either on a one-time or recurring monthly or annual basis. It entirely depends on the type of service, feature, sponsorship or advertising plan you selected when purchasing a premium subscription.

At the end of each billing cycle, your paid subscription plan will automatically renew. Unless you cancel it prior to the renewal date  or Web Marca cancels it due to a violation of Terms and Conditions. You may cancel your subscription renewal by informing Webmarca staff and team in advance of your due date or renewal date. Or some services and features may be cancelled from your account profile dashboard.

4.2 Payment Method and Channel Gateways

A valid payment method includes an acceptance of a major debit or credit cards. Additionally, Paypal or Payoneer may also be used or required to process the payment for your premium subscription. You shall provide Webmarca with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. 

As indicated on our Terms and Conditions, these rules govern all free and paid features and services on Webmarca sites. Should automatic billing fail to occur for any reason, Web Marca will issue an electronic invoice indicating that you must proceed manually, within a certain deadline or due date. You are additionally required with the full payment corresponding to the billing period as indicated on the invoice.

4.3 Fraud and Risk Management

By submitting such payment information, you automatically authorize Web Marca to charge all fees incurred through your account and certify you own or authorize a person on the account where the funds will be taken from. Webmarca will not be liable for fraud charges as we have no way to verify the authority or ownership of the payor / payer transactions.

4.4 Free Trial

Web Marca at its sole discretion, may offer a subscription or service with a free trial. It could either be for a limited period of time or lifetime. At times you may be required to enter your billing information.  This is in order to sign up for the free trial but you will not be charged not until the free trial has expired.

On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged by the applicable subscription or premium fees for the type of service or feature you have selected. At any time and without notice, Webmarca reserves the right to modify the terms and conditions of the free trial offer, so we advise to check your email for notification.

4.5 Fee Changes

Web Marca, in its sole discretion and at any time, may change the subscription fees for features and services. Any subscription fee changes will become effective at the beginning of the next billing cycle. Webmarca will provide you with a prior notice of any change on a reasonable subscription fee changes. This is to give you an opportunity to terminate your subscription in case you do not agree with the new pricing. Especially before such change becomes effective and applied.

Your continued use of the services and features are subject to Terms And Conditions. After the change in our subscription fee comes into effect, it then constitutes your agreement to pay the modified subscription fee amount if you did not cancel prior to the next billing cycle. In case that your account has been charged already, refunds will not be guaranteed.

4.6 Refunds, Claims and Cancellation Policy

For Cancellation requests, certain refund requests for subscriptions and services may be considered by Web Marca on a case-by-case basis and granted at the sole discretion of Webmarca. In most cases, we do not allow refunds as our services and features are all intangible. We also have the right to cancel a service or subscription of our clients because of an overdue unpaid bill or a violation of any guidelines on our terms of service.

For voluntary cancellations, you must terminate your account or subscription at least within 30 days of the current billing cycle. This can be done before the end of the next billing cycle to prevent renewal and charge on your account.  If you do not terminate your account or subscription before the end of the next billing cycle, you will be charged a subscription renewal cost or the corresponding fee.

Consequently, you will not be entitled for a refund of the paid subscription renewal fee as per our Terms and Conditions. Termination of subscription does not affect your obligation to pay your remaining dues or charges owed. All remaining payable costs and fees must still be paid if there are any and still held for legal charges if not paid after the deadline. In addition, termination of subscription will still subject all fees that may have become due before such expiration or termination to be paid.

Refunds or Claims And Cancellation Policy Non Refundable Fees And Grace Period

4.7 Non-Refundable fees and Grace Period

All fees and cost charges from Web Marca by its subscription, services, voluntary sponsorship and features are non-refundable transactions. But at sole discretion of the Webmarca team, we may provide a consideration of refund on cancellation grace period within 24 hours for first time clients or customers. Or additionally we may provide a refund on certain instances at our sole discretion if the claim is for valid reasons.

All provisions of these Terms And Conditions which by their nature should cover and incur termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability in certain instances that a guideline has been violated or breached.

4.8 Donations Terms And Conditions

All voluntary donations are subject to terms under section 4 part 7. Donors are welcome to make donations as one-time or monthly recurring payments. Donations can be made via Paypal, through manual invoice if requested and through our third party website partners. Any value or amount is accepted. However the system could only process payment donations starting at 5 US dollars and above. We will list all donors in the page for the past 15 days or you can request to be anonymous.

4.9 Sponsorships and Advertisements

All sponsorship and advertising fees are subject to regulations on this page specified under all parts of section 4. Sponsors and clients of our advertising services and other features automatically agree to all what is stated under our Privacy Policy together with our Terms and Conditions upon payment. All customers, clients, sponsors and members are required to read, fully understand and agree to what is stated on this agreement page.

Failure to do so may result from legal charges and obligations to Web Marca. Any inquiries before proceeding on any transactions should be directed to our staff. This is to maintain a clear and transparent agreement between clients, sponsors or members with Webmarca company. Only make transactions within the Web Marca website to keep your account secured.

4.10 Prorated Charges

There are some instances where a partial refund or charge is applied on a client or customer’s account. Prorated amount is essential to deduct or credit an exact amount depending on a calculated subscription for a period of time. These are rare instances only whenever applicable. As all of Web Marca’s premium plans are either on a monthly, quarterly and annual subscriptions. Normally, prorated amount is needed for service upgrades or an increase in subscription fee took place.

5.0 Taxes and Other Charges 

A late payment penalty fee of 5 percent will incur in addition to the monthly subscription fee within the first 3 days after the due date (first offense). While, an additional 5 percent penalty fee will apply for failure of payment from the succeeding 4th to 7th day after the due date (second offense). That is on top of the penalty fee incurred from the first 5 percent on the first offence. 

However, past a week after the due date (third offense) and the bills are still unpaid or unsettled, Web Marca reserves the right to cancel the service or subscription of our clients or customers at this instance. In addition, the corresponding client still is obligated to pay any debts for any service used. The amount that has to be paid past the due date will be a full billing cycle and prorated amount is not guaranteed especially with the use of a third party service like web hosting.

We are based in Hong Kong and we do not add taxes or hidden charges on your account. If your business or yourself is a legal resident of Hong Kong, we are required to add an additional 16.5 percent of the original pricing of your premium plan. Otherwise no taxes will be added unless specified by your local government or from our banks and online payment platforms. These other fees and taxes if applicable are to be shouldered and deducted from the payor’s account (client, sponsor or patrons).

Taxes And Other Charges

6.0 Web Marca Accounts Terms And Conditions

When you create an account with us, you guarantee that you are above the age of 18 years old. You also guarantee that the information you provided to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on or banned from our website. All associated Web Marca accounts are bound by our Terms and Conditions.

You are responsible for maintaining the confidentiality of your account and password and will not share it to others. Including but not limited to the restriction of access to your computer and/or account. Otherwise, you will be held liable for any mischief management of your account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password whether it is stored by us or a third-party service.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Also, you are encouraged to report any unlawful usage of an account whether you own it or another member’s account.

6.1 Identity Theft

You may not use as a username the name of another person or entity that is not lawfully available for use. Such as a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Additionally, you must not pretend to be a part of the Web Marca team or our affiliates. Otherwise, if unlawful use or damage has been caused for Webmarca, we reserve the right to file a suit against you. For further information, please refer to Section 10.

6.2 Membership, Email Newsletter and Notification

By creating an account through our Services, you agree to subscribe to our newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send you. Additionally, you may send us an email using our Contact page.

6.3 Termination of Subscription and Account

Web Marca may terminate or suspend your account and ban access to this site and its services immediately. We reserve the right to do this without prior notice or liability. It relies under our sole discretion, for any valid reason or whatsoever and without limitation. Including but not limited to a breach of the terms of use or a good faith belief that you have breached our rules and regulations.

If you wish to terminate your plan for service and feature. You may cancel your subscription or renewal either through your online account management page or by contacting one of Webmarca customer support teams and our contact page. Please inform us if you wish to deactivate or delete your account. Please note the deletion of an account is unrecoverable.

7.0 Webmarca Contents, Copyright and Trademark

Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for any content that you post on or through this website. Including its legality, reliability, and appropriateness. We have the right but not the obligation to monitor, edit all contents provided by users or post them on Web Marca’s or the other person’s (not affiliated to Webmarca) social media accounts.

By posting any contents on or through this website, you represent, agree and warrant Web Marca the following terms and conditions.

  • The content is yours (you own it) and/or you have the right to use it, also giving us the right to grant rights to others or license the content.
  • That posting your content through this website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity.
  • You are held liable for any illegal use or representation of your content the way you publish or deliver it from the Web Marca website.
  • We reserve the right to terminate the account of anyone found to be infringing on a copyright, trademark, or other right of another person or entity.

7.1 Copyrights Ownership and Permission Terms and Conditions

You retain any and all of your rights to any content you submit, post or display through this website. So you are still responsible for protecting those rights. We take no responsibility and assume no liability for any content you or any third party posts on or through our website and shared on our social media accounts.

Also, by posting content through this site, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content. May it be through this website or our social media accounts. In addition, original content found on or through this website is a property of Web Marca and is subject to copyrights. So, any individual or group who needs to use them needs to ask permission from us.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us or the owner of the Content.

7.2 Digital Assets and Copyright Disclaimer

Web Marca website and its contents may be provided by its users, clients or members. Thus Webmarca only reserves the right to accept them without the responsibility of verifying its source or any possibility of copyright infringement. So, if you think that any of the contents violates a copyright. Please let us know as we are willing to modify or remove it by contacting us and showing a proof or evidence or ownership for the said content material or assets in question.

Some of our pages and posts may contain copyrighted materials to illustrate and educate our visitors a certain point, perspective and illustration. Web Marca does not claim those specific assets and we use them under the “Fair Use Policy”. The copyrighted assets are still owned by their respective owners. And we do not encourage anyone to reuse, modify, tamper and re-distribute these said copyrighted items,

We are not held liable if one of our visitors use the copyrighted assets for their own gains or reasons. As we clearly discourage anyone to do so as specified on this terms of our website services. At those instances, we are willing to cooperate with you for legal charges against them if one of our site visitors used them in a derogatory manner.

7.3 Liability and Accountability Terms and Conditions

Once you sign up for an account, you accept that we cannot guarantee or warrant files on our database to be 100 percent secured. We do not ensure that these will be safe from cyber viruses or other destructive code. You are expected to install an anti-virus protection on your device and do safekeeping of your account information. Although, we guarantee that we use proper measures and high technology as much as possible to protect all data within our servers.

Liability And Accountability Terms And Conditions

We will not be liable for any loss or damage caused by such instances. A security breach happens during denial of access attack, cyber viruses or other technologically harmful material that may infect your computer equipment. Additionally, we are not responsible for an instance like a hack on computer programs, data or other proprietary material when you surf online. As we have no control on such motive or capability to monitor your use outside of our site.

7.4.1 Site Usage Terms of Service

Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, its content or any services and items within this website. Including contents on our social pages,there will be no guarantee they’ll be accurate, reliable, error-free or uninterrupted.

However upon our knowledge, we will take actions to those contents, and will be corrected so the server or data that are obtained through our website including gdpr cookies and services will meet your needs or expectations.

7.4.2 Company Disclaimer based on Terms and Conditions

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise as stated on our Terms and Conditions. Including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

We are not liable for any views or opinions expressed by our employees and members and users. For the reason that all of our users who submitted these digital assets, affirms they have read and understand our Terms of Service on this page.

7.5 Intellectual Property

This website and its original content (including, but not limited to, all information, software, text, images, video, audio and other digital assets thereof and excluding content provided by users), features and functionality will remain the exclusive property of Web Marca and its licensors. Some assets we import from other owners. Thus those contents remain to be a property of their respective owners as per our Fair Use Policy agreement.

Our own creations and contents are protected by copyright, trademark, and other laws of both Hong Kong and foreign countries. Web Marca property trademarks and trade assets, including contents, by non-limiting example, any of our logos displayed on or through Terms and Conditions and the words “Web Marca,” and “Webmarca,” may not be used in connection with any product or service without the prior written consent and approval of Web Marca owner, managers or authorized personnel.

7.6 Limitation Of Liability

In no event shall Web Marca, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages. Including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from the following.

  • (i) your access, use of or inability to access of this website;
  • (ii) any process or function from any third party services;
  • (iii) any content obtained from this website and social pages;
  • (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, transactions (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7.7 Links To Other Websites or External Sources

Our website may contain links to third party sites or services that are not owned or controlled by Web Marca.  We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Web Marca shall not be responsible or liable, directly or indirectly, for any damage or loss caused by alleged to be resulting from connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

8.0 Social Media and Associated Pages

Please note that the Privacy Policy and Terms of Use of the external website shall take into effect on contents, post and profile published on our social media sites. Hence the copyrights and the liability are in accordance to what was specified under the terms and conditions on this page.

9.0 Terms and Conditions for Non-Disclosure Agreement

Our employees, clients, customers and members may be granted access on private information only whenever necessary to fulfill a process. Thus, they are expected to follow and agree on a non-disclosure agreement to protect the data entrusted and shared to them by our clients and customers. They are expected to safekeep these information and may be held liable of legal charges if resulted to damages caused from negligence, leakage or breach of the non-disclosure agreement.

Terms And Conditions For Non Disclosure Agreement

10.0 Unauthorized Use of our Brand Name

Any individual, website, group, company or corporation that has been proven to be using the name of Web Marca or Webmarca without the consent and approval from an authorized personnel (Webmarca owner, director and manager) is illegal. We (plaintiff) reserve the right to file charges against the suspect/defendant who we found to be pretending or using our brand name without our approval.

11.0 License to Use or Illegal Purposes

Some assets or contents that are free to be used for individual or commercial purposes may be included on certain pages like royalty-free assets we obtained from third party sites. Otherwise all such materials will be considered copyrighted. Using our digital assets especially for illegal purposes will be a candidate and a subject for legal charges such as copyright infringement. Web Marca remains to have no liability as any usage especially by a third party remains none of our responsibility especially without our consent.

Any form of hacking and attempt to breach, tamper and ruin to cause damages or loss of any digital asset contents is considered illegal. Attempting or actual use of our website and services against illegal activities under the international law will free us from any responsibility or liability. We will not tolerate such illegal activities and will condemn any unfair or unethical practices.

12.0 Indemnification and Legal Matters

You agree to defend, indemnify and hold Web Marca harmless and its affiliates, licensors, and service providers, or their respective employees, contractors, licensors, suppliers, successors, assigns, officers and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees), resulting from or arising out of the following.

a) your use and access of Webmarca site, by you or any person who may be using your account and password by any means.

b) a breach of these Terms And Conditions including Non-Disclosure agreement and Copyright infringement.

c) any content you post or create using this website and on our social media pages.

13.0 Terms and Conditions Governing Law

These Terms And Conditions shall be governed and construed in accordance with the laws of Hong Kong and international laws. Without reference to the principles of conflict of laws and are subject to the exclusive jurisdiction and venue of the courts located in Hong Kong. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court. The remaining provisions of these Terms and Conditions will remain in effect. This Agreement is severable as to any word or provision that is unenforceable.  These Terms And Conditions constitute the entire agreement between us regarding our website or services, and supersede and replace any prior agreements we might have had between us regarding this website.

Terms And Conditions Governing Law

14.0 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. So the limitations above may not apply to you.

15.1 Reports, Abuse and Spam

For any reports of abuse concerning the use of this website, spam and violation under these terms and conditions. Please do not hesitate to contact us. If you prefer your identity to be unknown or anonymous on your report. Just let us know at the beginning of your message. Rest assured that we would not reveal your identification at any circumstances without your prior knowledge.

15.2 Contact Inquiries, Coordination or Disputes

If you have any additional questions related to these Terms And Conditions with its Use and Conditions, please contact us and call our attention. We will respond to your letter as soon as possible if needed.

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