Your continued use of the corporate Account portions of the Site after such notice constitutes your binding acceptance of this Corporate Account Agreement, including any changes made by Deepetch as permitted above. If at any time the terms and conditions of this Corporate Account Membership are no longer acceptable to you, you shall immediately cease use of the corporate membership portions of the Site.
Deepetch reserves the right, in its discretion, to change or modify all or any part of this Corporate Account Agreement at any time, effective immediately upon notice published on the Site.
In this Agreement “Your Representatives” refers to your Corporate Account Manager and your Subaccount Holders.
You agree that you are responsible for the conduct of Your Representatives while accessing the Site whether or not you authorized the conduct and that the following conduct by Your Representatives is solely at your risk and expense:
You agree that Your Representatives shall be the age of majority in your jurisdiction and/or the jurisdiction of their residence, as the case may be.
You need to register with Deepetch.com to use Deepetch™ services. By registering you acknowledge you are of legal age, provided true information and are fully authorised to sign on behalf of any group requesting the service. You acknowledge you are of legal age, have provided true information and are fully authorised to sign on behalf of the entity requesting the service.
Corporate Account Permissions
You shall have the authority to perform the following functions for your corporate account:
You agree to designate a Corporate Account Manager to act on your behalf in performing the above functions. In addition, the Corporate Account Manager shall be authorized to (i) sign any and all agreements and amendments relating to your corporate account; and (ii) appoint a Subaccount Holder as a temporary Corporate Account Manager who shall have all of the foregoing authority in the absence of the Corporate Account Manager.
The Corporate Account Manager shall not have access to the non-corporate membership portions of the Site.
The Corporate Account Manager shall not have authority to transfer credits from your corporate member account to any other corporate member account or regular member account.
Unless you inform us in writing to the contrary, the individual who clicks “Agree” at the end of this Corporate Membership Agreement shall be your Corporate Account Manager.
Subaccounts are those Site accounts established by the Corporate Account Manager under your Corporate Member Name. Subaccount Holders are those of your employees or representatives who have Subaccounts and passwords established for them by the Corporate Account Manager.
Sub-account Holders shall not have access to purchase credits within the Corporate Account.
Credits can be purchased from the Credit Purchase Page../p>
If you fail to pay in accordance with the credit approval terms, in addition to any other remedies available at law or in equity, deepetch may (i) restrict your ability to download files until payment is made; (ii) offset any credits in your account against your unpaid balance; (iii) revoke or modify your credit privileges; or, (iv) terminate your Corporate Membership Agreement.
The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase.
Acceptable forms of payment are:
Refunds and returns policy
All refunds for our credit bundles purchased online are credited back to the original credit card on which the credit bundle was purchased, or if payment was made via paypal we then make a refund in the same manner.
If we don't return your images in the time you had requested, we will do your job at a discounted rate or in some cases absolutely free of charge. Furthermore, if you are not happy with the image or any particular job, please send these back and we will process the job again until you are satisfied with the quality. If you feel we have not met your expectations after this process, please let our customer support team know and we will arrange a complete refund.
We only obtain specific and individualised data from our website visitors, when such information is supplied voluntarily. However, we may, from time to time, gather generic information solely to determine the success and usefulness of our website. This generic information, which does not reveal the identity of the visitor, may include, how much time people spend on various pages of the site, visitors' domain name types (.com, .org, etc.) and the originating web page of the visitor. We use this information to determine customer service needs. In the future, we may increase our technical abilities for gathering data about visitors in order to enhance the services offered to visitors and clients.
Security measures are in place for protecting data conveyed during a visitor's purchase. Our employees and subcontractors are required to protect the privacy of such data. We want our visitors and clients to feel that their privacy is protected when accessing their account or purchasing services from us. Because we desire accuracy in the information we obtain and use about our visitors and clients, we will attempt to verify our data and will ask our clients to notify us of any inaccuracies or mistakes of which they may become aware through their online account data.
Information collection and use
In general Deepetch uses your personal information to improve Deepetch Services and to offer more effective customer service. Also, your details assist us perform research and analysis to help improve our service. Your details may be stored and processed in any country in which Deepetch or its affiliates, subsidiaries or agents maintain facilities. By using Deepetch Services, you consent to any such transfer of information outside your country. Deepetch abides by applicable safe harbour frameworks regarding the collection, use, and retention of personal information.
Personal Information Sharing
We will not disclose your personal information outside Deepetch and its controlled subsidiaries and affiliates without your consent, except as described in this policy statement.
We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Deepetch; (b) protect and defend the rights or property of Deepetch.com (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of Deepetch Services or members of the public.
We intend to meet the needs of our clients by strictly following the instructions provided by the client. If there is any error in the work due to miscommunication, we will accommodate the client's needs by redoing the work. However, under no circumstances, will we be responsible for any direct, implied or consequential damage that may be caused by such problems.
Accessing Your Personal Information
You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (username and password).
Deepetch uses advanced security technologies and procedures to protect your personal information from unauthorised access with secure socket layer (SSL) encryption when transferred over the internet.
Your password helps protect your accounts and personal information, and therefore it is your responsibility to keep your password confidential. Do not share it with anyone, and make sure you log out before leaving the site.
Log Files and IP Addresses
Deepetch uses your IP address to enhance your user experience and for site administration.
Refunds will be given at the discretion of the Company management
If you have concerns relating to the Site, or this Corporate Account Agreement, please contact deepetch at email@example.com or via phone at +61-(7)-3106-8936
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CORPORATE MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DEEPETCH, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DEEPETCH RELATING TO THE SUBJECT OF THIS CORPORATE MEMBERSHIP AGREEMENT.
You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Deepetch and its affiliates or other third parties (including other members).
Except as otherwise expressly permitted in this Corporate Account Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement), you may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part.
You acknowledge and agree that the user identification provided by deepetch to you so that you may access and utilize the corporate membership portions of the Site (your “Corporate Member Name”), and the password selected by and used by you in conjunction with your Corporate Member Name must be kept secret and confidential.
You agree that you shall not disclose such Corporate Member Name or password to any other party without the express written permission of deepetch. You agree that the Corporate Member Name and password shall be established by the Corporate Account Manager. You further agree that Your Representatives shall not disclose your Corporate Member Name, Subaccount Holder names or passwords to any other party without the express written permission of deepetch.
You acknowledge and agree that you will be responsible for each and every access or use of the corporate membership portions of the Site that occurs in conjunction with your Corporate Member Name or any Subaccount Holder names, and that deepetch is authorized to accept your Corporate Member Name and password or any Subaccount Holder name and password as conclusive evidence that you have authorized the access and use of the corporate membership portions of the Site.
You acknowledge that such passwords are unique to you and that, although deepetch does have the ability to require passwords to meet certain requirements (such as a minimum or maximum number of characters) and to reset such passwords, deepetch does not have the ability to access the passwords themselves.
You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. You agree that neither you nor Your Representatives shall do any of the following:
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You also agree not to attempt to gain unauthorized access to any other deepetch member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Deepetch does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, deepetch reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Corporate Membership Agreement or is otherwise unacceptable.
You shall remain solely responsible for all communication made under your Corporate Member Name and any Subaccount Holder names. Deepetch shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Deepetch to determine Accepted Content is done as a courtesy only.
Deepetch respects the intellectual property of others, and we ask our users to do the same. If you believe that any Content has been copied in a way that constitutes copyright infringement, or that any intellectual property rights have been otherwise violated, please provide Deepetch with notice of such possible infringements by contacting us at +61-(7)-3106-8936 or firstname.lastname@example.org.
You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Corporate Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Deepetch and its licensors, and you agree that during the term of this Corporate Membership Agreement and thereafter you shall not, without the express written consent of deepetch, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Corporate Membership Agreement or as required by applicable law.
For the purposes of this Corporate Membership Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Deepetch, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
You agree to be liable to and to indemnify, defend and hold deepetch and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the " deepetch Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Deepetch Party in connection with:
This Corporate Membership Agreement is effective until terminated. You may terminate this Corporate Membership Agreement at any time by emailing email@example.com or by such other means of written notice acceptable to Deepetch which enables confirmation of your identity and your intention to terminate.
Deepetch reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the corporate membership portions of the Site at any time for any reason without prior notice or liability. Deepetch may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Deepetch may also terminate or suspend your access to the corporate membership portions of the Site for inactivity, which is defined as failing to access the corporate membership portions of the Site for an extended period of time, as reasonably determined by deepetch.
Termination of this Corporate Account Agreement does not relieve you of your responsibilities to pay any amounts due to deepetch.
Termination of this Corporate Account Agreement shall operate without prejudice to the deepetch’s rights, defenses and limitations of liability provided under this Corporate Account Agreement, which rights, defenses and limitations of liability shall survive termination of this Corporate Account Agreement.
Upon termination of your access to the corporate membership portions of the Site, you agree to forfeit all download credits remaining in your account.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DEEPETCH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
DEEPETCH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL DEEPETCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CORPORATE MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF DEEPETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, DEEPETCH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS CORPORATE MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AUSTRALIAN DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF DEEPETCH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You represent and warrant that:
The Site is controlled, operated and administered by Deepetch from within Australia. The Site can be accessed from all territories of Australia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Australia, by accessing the Site, you acknowledge and agree that this Corporate Account Agreement will be governed under the laws of Australia. You hereby irrevocably submit to the exclusive jurisdiction of the Australian Courts with respect to the subject matter of this Corporate Account Agreement.
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the corporate membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.
Any and all disputes arising out of, under or in connection with this Corporate Account Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Australia in effect at the time arbitration is demanded.
If Deepetch is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse deepetch for its legal fees (on a solicitor and client basis), costs and disbursements if deepetch is successful.
Deepetch’s failure to insist upon or enforce strict performance of any provision of this Corporate Account Agreement shall not be construed as a waiver of any provision or right.
If any provision or part thereof of this Corporate Account Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
This Agreement shall not be assigned by you without Deepetch’s prior written consent. Deepetch may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms