Websend Terms & Conditions

This is a legally binding agreement. By continuing the registration process and subsequently using the Internet-based advertisement delivery system available at www.websend.com.au, as updated and modified from time to time, including all software and documentation relating to the service (Websend) , you agree that your use of Websend is governed by the terms set out below and that these terms form a Service Agreement between you and Dubsat Pty Ltd (ABN 12 082 402 739) (a member of Omnilab Media) (ABN 36 308 521 411) (we/us). For the avoidance of doubt, "You" or "your" means the person licensed to use Websend and includes any licensed corporation which enters into this agreement by the conduct of an officer, employee or agent of the corporation.

 

1. Licence

Subject to the terms and conditions under this agreement and the payment by you of any and all fees and charges owing to us, we grant to you a non-exclusive, non-transferable licence to use Websend on the terms and conditions set out in this document.

You must only use Websend in accordance with these terms and conditions and any procedures, instructions or guidelines issued by us. You agree that you will not:

(a) sell, distribute, sub-licence Websend or appoint agents, sub-distributors or sub-licensees to procure the distribution of Websend;

(b) copy Websend, including without limitation the software, the website or the documentation, except as permitted under this agreement;

(c) decompile, disassemble, reverse engineer, derive the source code for, modify, adapt or translate the Websend software or the website;

(d) write or develop any software or create derivate works based on Websend; or

(e) remove, obliterate or obscure from any view any copyright material, trade mark (whether registered or un-registered) or confidentiality notice or legend appearing in Websend (including the software, the website or the documentation; and

We reserve the right to suspend or cancel your account if you do not comply with the above or any instructions given to you by our support staff.

 

2. Ownership

We retain all right, title and interest (including copyright any ideas, concepts, inventions, know-how, data processing techniques,) in Websend , including without limitation any:

(a) the software, documentation, customisation, alteration, modification, translation, upgrades, integrations and enhancements or addition to the software and documentation; and

(b) the website, any modifications to the website, any content contained on the website and any versions of the website or local domain names.

 

3. Fees

You acknowledge that the payment of fees and charges, whether subscription fees, transaction fees or otherwise is a fundamental term of this agreement. You acknowledge that we retain the right to modify any fees any charges on written notice to you; and

Advertising delivered through Websend is charged per job. When you register in Websend, you can choose from two different membership types:

Premium Websend Members

A Premium Member is able to access our support staff at any time during our advertised support hours and is able to receive flat-rate or per-square-centimetre rates for job deliveries as follows:

Our flat rate has a fee of AU$13.20 (GST inclusive) for each delivery (job) to a publication. The flat rate has no limit to the size (dimension) of the advertisements you can send, however an additional AU$1.10 (GST inclusive) per megabyte is charged if the data size of the job exceeds 2 megabytes. If a job is uploaded but not delivered to a publication but is in excess of 2 megabytes, we reserve the right to charge you for the excess data regardless of whether your job was delivered or not.

Our per-square-centimetre rate refers to the dimensions of the artwork and is calculated in millimetres by multiplying the length of one edge by the length of a perpendicular edge. Our per-square-centimetre rate carries a fee of AU5.5 cents per square centimetre (GST inclusive). If a job is uploaded but not delivered to a publication but is in excess of 2 megabytes, we reserve the right to charge you for the excess data regardless of whether your job was delivered or not.

The Premium Membership attracts an annual membership fee of AU$49.50 (GST inclusive). You will be charged automatically on the anniversary of your signup unless you contact us to cancel your account beforehand (see section 10. Termination).

Standard Websend Members

A Standard Member is only able to send jobs on a single-use basis. The cost of the job is higher to include a higher level of support for that job, but there is no annual fee. A casual job is charged at AU$33.00 (GST inclusive) . Currently there is no dimension or file size limit for casual jobs.

Extra Services

We can also build advertising artwork and at your request, repair files that do not pass our validation system. Our build fees are AU$33.00 (GST inclusive) per 15 minutes worked with a minimum of 15 minutes. Our repair fees are AU$16.50 (GST inclusive) for each error type but may vary for complex corrections. If you ask us to build your artwork or repair your files, we will email you a quote and we will require you to email us with confirmation prior to us proceeding. Your account will be charged with notations regarding the extra work. SMS messages are charged at AU28 cents each.

When you choose to have a file repaired using the automatic method (via the file report for a failed file), the amount/s shown on the report will be charged to your account when you authorise a correction. If the same correction is required for a replaced file, that correction will be charged a second time.

 

4. Billing and payment

We will invoice you each month by email. There are two types of customer billing credit card customers and 14-day account customers.

(There is currently no charge for receiving advertisements.)

Credit card customers

All customers start as credit card customers unless prior arrangements have been made with our credit department. Upon registration you will be asked to fill out your credit card details.

If you are a Premium Member, jobs created during a month will be charged at the rate which applies to you and deducted from your credit card at the beginning of the month following. In addition to the charge per job, if you are a Premium Member, you will be charged AU$49.50 (GST inclusive) which is the annual membership fee.

If you are a Standard Member, you will be charged each time you use the service.

Problems we encounter with credit cards being declined may result in an extra charge of AU$16.50 (GST inclusive) being applied to your account.

14-day account customers

Customers who wish to have 14-day credit accounts must apply to the credit department and be approved prior to using the system. Customers who are on credit card accounts who wish to change over to 14-day credit accounts must also apply to the credit department and be approved prior to their account being converted. You must send a minimum of 20 jobs per month to be considered for a 14-day account.

In the case of 14-day credit accounts, you must pay the invoiced amount to us by company cheque, via EFT or online within the Websend system via credit card as stated on tax invoice within 14 days of the date of our invoice. If you do not pay an invoice by the due date, we may suspend your account until you have paid. We reserve the right to apply a late payment charge of AU$16.50 (GST inclusive) per invoice, as well as collection fees if we engage a debt collection company. Accounts that are inactive for 12 months or more will be closed. Money in credit within these accounts will be voided. Account customers may be changed over to credit card at our discretion based on payment history. Problems we encounter with credit cards or cheques being declined will result in an extra charge of AU$16.50 (GST inclusive) being applied to your account.

 

5. Refunds

We define our service as receiving, testing and delivering your advertisement, although all three parts do not have to be completed for the service to be deemed complete. Websend will happily refund any payments made where you have not used a service. If, for example, you register and pay for a service in Websend but you DO NOT upload an advertisement, you are entitled to a refund if you request it. If you register and pay for a service in Websend but you DO upload an ad, we will deem that the service has been delivered to you and you will not be entitled to a refund.

 

6. Availability

Websend is an Internet-based technology. While we will make all reasonable efforts to ensure that Websend is available 24 hours per day, 7 days per week, the nature of the Internet is such that this may not always be possible. We will endeavour give you prior notice by email of any scheduled maintenance to the system. We do not guarantee that you will be able to access Websend at all times.

 

7. Processing and acceptance of advertisements

Websend provides a technical mechanism for senders of advertisements to send advertisements to publications. As part of this process, we pass each advertisement PDF file through a validator to determine whether it is of an appropriate standard for publication. The standards imposed by publications for the PDF files they will accept may be different to those used by our validator.

If you are a sender of advertisements: Our validator is a reasonable guide but we do not guarantee that a PDF advertisement which you send using Websend and which passes our validation will be accepted by the publication(s) to which you have sent the advertisement. There are numerous reasons why an advertisement which is accepted by a publication may not be printed. When Websend indicates that an advertisement has been accepted, it means no more than that it has been received and processed by the publication. We cannot control what particular publications do with advertisements once they have been delivered by Websend.

Proofing can be requested via the Websend job ticket (or from the 'Extras' tab in your account). The size, colour and proof type is printed according to the uploaded ad and the information about the ad and proof selected and/or entered on the job ticket. Websend is not responsible for a proof printed and delivered that is not correct. Estimated proof costs are immediately available to you and are deemed approved by you when you to choose to have a proof supplied. Regular charges will apply for additional proofs.

If you are a receiver of advertisements, we do not guarantee that advertisements received using Websend will be suitable for publication according to your standards for PDF files.

 

8. Support

Our Websend Client Service Team is available between 9am and 7pm AEST, Monday to Friday. Client Services can be contacted via email, web-based chat and telephone. The service is unavailable on National Public Holidays and reduced hours apply for Victorian State Public Holidays.

To contact Websend Client Services please email support@websend.com.au or telephone 1300 798 949.

 

9. Exclusion of warranties and limitation of liability

(a) All express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability or quality of, or title to, Websend are negated and excluded.

(b) We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, Websend (including any software comprising it or data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).

(c) You acknowledge and agree that we are not liable for any loss or damage, including special, incidental, consequential loss or damage, which in any way results from your use or non-use of Websend (including as a result of any malfunction, breakdown or error in Websend).

(d) You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Websend and all and any losses, costs, expenses and damages whatsoever and howsoever incurred by us in connection with or arising out of a breach by you of any provision of this Agreement.

(e) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by consumer protection legislation in force in any jurisdiction where this Agreement is executed and which is not permitted to be excluded, restricted or modified. Where we breach a condition or warranty which has been implied by such legislation, our liability for breach will be limited to (where permissible by the legislation):

(i) in the case of supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the costs of having the goods repaired; and

(ii) in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, whichever we see fit to provide.

 

10. Termination

We may immediately terminate this Agreement if you breach any term or condition of this Agreement or any provision of this Agreement is held invalid by a court or is severed by operation of law.

We may terminate this Agreement for any reason by giving you 14 days notice by email in writing. You may terminate this Agreement at any time by notice to support@websend.com.au in writing.

On termination, we may:

(a) recover from you the amount of any direct loss or damage sustained as a result of the termination, subject to the restrictions set out these terms and conditions;

(b) be regarded as discharged from any further obligations under these terms and conditions; and

(c) pursue any additional or alternative remedies provided by law.

On termination you will:

(a) cease to use Websend, including without limitation any software or documentation;

(b) uninstall the software; and

(c) destroy all copies of any Websend software; or

(d) return to us any documentation and the software.

 

11. Assignment

You may not assign, transfer, encumber, mortgage or licence all or any part of this Agreement or any of your rights, benefits or obligations under it in any way without our prior written consent. We may assign any of its rights, benefits or obligations under this Agreement to any other person.

 

12. Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.

 

13. Governing law

This Agreement is governed by and to be construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

14. No Reliance on other Matters

You acknowledge that in agreeing to enter into these terms and conditions you have not relied on any representation, warranty or other assurance except those set out in these terms and conditions.

 

15. Force Majeure

If we are unable to perform its obligations under these terms and condition by reason of the occurrence of an event beyond the reasonable control of us (including without limitation war, Act of God, insurrection or revolution), then these terms and conditions shall remain binding on the parties but the party unable to perform its obligations shall be excused from the performance of such obligations for the period equivalent to the delay caused by the event.

 

16. No Relationship

These terms and conditions do not create any relationship of partnership, agency, trust or joint venture between you and us.

 

17. Interpretation

This document contains the entire understanding between the parties as to the licence and use of Websend. The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of anything done or omitted to be done under this Agreement prior to the expiration or termination or any sums or other claims outstanding at the time of expiration or termination. A reference to a person includes a reference to a firm, corporation or other corporate body.