Company Information
The business trading name that will appear on your invoices is Projectworks. The legal name is SpiderWorks Limited, which is a wholly owned subsidiary of Projectworks Holdings Inc. SpiderWorks Limited is a New Zealand owned and operated business.
Agreement
By registering as a Customer and continuing to use the Projectworks software, you agree that you are bound by these Terms of Service (the “Terms”) in your use of Projectworks and all Services provided to you by SpiderWorks Limited (“us”, “we” and “our”), and that you will abide by the terms.
These Terms may be changed by SpiderWorks Limited from time to time. SpiderWorks Limited will endeavour to keep you updated on changes to the Terms via the notice address provided by you, but is not required to show you any new Terms before they apply. Your continued use of the service after the update will be deemed to be with your consent to the new Terms.
You confirm that you are over the age of 18. If you are under age 18, you may not open an account with us, (but may have a parent or guardian open an account under their name on your behalf, but these Terms will apply to them).
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Definitions
Beta Services means Projectworks Services or functionality that may be made available to Customer to try at its option which is clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.
Customer means the person who subscribes to use the services, or the entity on whose behalf the person subscribes.
Data means data input by you into the services. It includes anything you upload to, store on or transmit through the services, including documents, photos, email.
End user means the customer or any person who is authorised by the customer to use the services.
Initial License Fee means the initial license payment.
Projectworks is both the software application provided by SpiderWorks Limited through the web, and the trading name of the company.
Services means any service provided by SpiderWorks Limited or other services detailed.
Software means the Projectworks software product and applications.
Subscription Fee means the monthly fee payable to access Projectworks. The Subscription Fee excludes taxes and duties, and excludes any other subscription fees payable to other parties for such access.
Support Offering means the opt-in option of support and maintenance for Projectworks at the prices advised by SpiderWorks Limited from time to time.
SpiderWorks is the short-form trading name of SpiderWorks Limited.
You or you are the customer, who subscribes to or uses the services. Where appropriate, “you” may also refer to the end user of the services.
Communication
We will communicate with you through the contact details you provide during registration. You are responsible for ensuring that we have your latest contact details; you can update your details by contacting us. You may communicate with us through the contact details provided on the website.
Where you are subscribing to the Projectworks services and entering into this agreement with us in connection with, or through, any arrangements you have with an "Implementation Partner" (being a provider of IT or other support services to your business, who has referred you to, or is otherwise responsible for managing your subscription for, Projectworks), you should contact that person in the first instance in relation to any queries or service issues you may have. Where your query or concern is urgent and you cannot otherwise contact your provider, you may contact us directly at support@projectworks.io
License
SpiderWorks Limited grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by us as part of the service, for the sole purpose of enabling you to use and enjoy the benefit of the Services as permitted in these Terms until this agreement is terminated.
Beta Services
From time to time, we may make Beta Services available to you. You may choose to try such Beta Services or not at your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered “Services” under this Agreement, however, all restrictions, our reservation of rights and your obligations concerning the Services shall apply equally to your use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of three months from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time at our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
To access any Beta Services you must have the appropriate Projectworks subscription in place.
Your Obligations
You must only use SpiderWorks Limited’s services for your own lawful business purposes. If you are a competitor of SpiderWorks Limited or any of its affiliate businesses, and have signed up to an account solely to analyse the service, SpiderWorks Limited may choose to terminate your account without further notice to you.
You are responsible for keeping your usernames and passwords secure. If there is any breach of security, you must contact SpiderWorks Limited so that remedial action to protect your data can be taken.
You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software will comply with laws applicable to you (including any laws requiring you to retain records).
Licence Payment
You are required to pay the Projectworks Subscription Fee by the due date set out on your invoice, either by bank deposit to the bank account detailed on your invoice or by making a payment on your credit card; such credit card payments will be taken automatically if you have elected the auto pay payment function. The amount payable depends on the type of subscription you have registered for when you subscribed for the Service, and will, in most cases, be based on the number of registered users in the prior month. Your price level may be adjusted if your number of users is increased during the month or if you add additional Services that may be made available from time to time.
In the event your payment is reversed for any reason, you must still pay us for the one month subscription to Projectworks that you have applied for, and the following may apply:
We may suspend any services you have requested until full account fees and any other sums owing are paid;
We may charge interest on any outstanding sums at the rate of 5% per month;
Any collection or legal costs incurred by us must be paid in full by you, including any debt collection company costs and any solicitor’s costs on a solicitor/client basis. You are also required to pay for any ongoing Subscription Fee as set out in the Pricing details notified to you.
In the event any amount owing by you remains outstanding, the following may apply at SpiderWorks Limited’s discretion:
We may suspend any services you have requested until full account fees and any other sums owing are paid;
We may charge interest on any outstanding sums at the rate of 5% per month;
Any collection or legal costs incurred by SpiderWorks Limited must be paid in full by you, including any debt collection company costs and any solicitor’s costs on a solicitor/client basis.
Refunds
All transactions are final, and no refunds will be issued.
Delivery Policy
Upon payment of any charges owed, our intention is to activate your account by the end of the following business day.
Access Requirements
To access the Services, you will need to have access to the internet and a standard internet-ready browser on any operating system; no additional software is required. You are responsible for maintaining any subscription for access to the internet which is not part of the Services provided. We will not be liable for any inability to access the Services due to your failure to maintain your subscription for such access.
You are responsible for ensuring you have sufficient system requirements for (optimal) performance of the Services. The latest versions of Google Chrome, Mozilla Firefox, Apple Safari, or Microsoft Edge are the only support browsers.
Passwords
For each subscribed user, we will provide a user name (User ID) and password, which enables the number of users attached to your subscription to access and use the Services.
No Unlawful Or Improper Conduct
You are responsible for your own conduct and all conduct by anyone else using your account. Your account may only be used for legal and proper purposes, including, without limitation, that you will comply with all laws and regulations relating to copyright, privacy and the storage and transmission of data and technology of all relevant jurisdictions.
You will not:
Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt SpiderWorks Limited’s services, servers, or networks connected to the Projectworks service;
Allow usage by others in such a way as to violate these Terms;
Access or attempt to access any of Projectworks services by any means other than through the interface that is provided by SpiderWorks Limited;
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the service unless you have been specifically permitted to do so in a separate written agreement;
Sell, resell, license, sublicense, distribute, make available, rent or lease any Service, or include any Service in a service bureau or outsourcing offering;
Permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit, or use any of our Services to access or use any of our intellectual property except as permitted under this Agreement;
Copy a Service or any part, feature, function or user interface thereof;
Access any Service in order to build a competitive product or service or to benchmark with a non-Projectworks product or service; or
Reverse engineer any Service (to the extent such restriction is permitted by law).
Any use of the Services in breach of this Agreement, by you or users, that in our judgment, threatens the security, integrity or availability of our Services, may result in our immediate suspension of the Services. However, we will use commercially reasonable efforts under the circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to such suspension.
Termination
Trial offer
You have no obligation to continue your subscription past the trial period. At the end of your trial period your subscription will terminate and all data that has been entered by you will be permanently deleted; you may continue to use your account by paying for a subscription, and in which case your data will remain available to you in your subscribed account.
Termination by user
You may terminate your account at any time, by explicitly notifying us that you wish to terminate. Your subscription will continue until the end of the subscription period; you will not be refunded for any time remaining on your subscription. If you stop payment without notifying us, you will be invoiced until you notify us that you wish to terminate your subscription.
Termination by SpiderWorks Limited
We may suspend or terminate this Agreement and your use of the services without notice if you breach these Terms. We may terminate this Agreement without cause at any time upon three months’ notice.
Intellectual Property
You do not obtain any ownership or intellectual property rights from us by opening and using your account with Projectworks. We and/or any licencors to Projectworks own all legal rights, title and interest in and will retain all legal rights, title and interest in the services, including (without limitation):
All software comprising a part of the services whether hosted on our servers or deployed by you or a third party to enable use of the services; and
All intellectual property in the website itself and any software running the website.
You retain all intellectual property rights in your data. These Terms do not give us any rights to your Data, other than the limited rights necessary for provision of the Service. You grant us a licence to use, copy, transmit, store and back-up your Data for the purposes of enabling you access to your Data, and for any purpose related to provision of the Services to you. For more information on how we may use your Data, please see Our Privacy Policy.
Please note that access to your Data is contingent on payment of a Subscription Fee due to us.
Privacy and Confidentiality
The privacy of your Data is important to us. The Services and Projectworks website are subject to our Privacy Policy, which can be found at https://www.projectworks.io/privacy-policy.
Your data is considered confidential information. You and us agree to preserve confidentiality in each other’s confidential information. Neither you nor us will disclose each other’s confidential information.
No Liability
The use of the SpiderWorks Limited’s service is at your own risk. To the maximum extent permitted by law, SpiderWorks Limited expressly disclaims all warranties and conditions of any kind, either express or implied, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property rights.
In addition, SpiderWorks Limited does not warrant that:
The service will meet all of your requirements;
The service will be secure, timely, error-free or uninterrupted; or
Any errors in the software will be corrected.
Any material that you download, use or obtain through the use of the service is at your own risk. You are solely responsible for any damage to your computer, or any other device, or for loss of data that results from the download of any such material.
SpiderWorks Limited will not be liable to you for any direct, indirect, consequential or special damages to you, including (but not limited to) damages for loss of profits, damages for loss of goodwill, loss of use, data or other intangible losses, even if SpiderWorks Limited has been advised of the possibility of those damages, resulting from your use of SpiderWorks Limited services.
Indemnity
You agree to indemnify SpiderWorks Limited from and against liability for all claims, liabilities, damages (actual and consequential) losses and expenses (including full legal and other professional fees on a solicitor/client basis) arising from or in any way related to any third party claims relating to your use of any of the Services, or the use of your account by any party to whom you have passed your account authentication details.
General Terms
This agreement is to be construed according to the laws of New Zealand. You submit to the exclusive jurisdiction of the High Court of New Zealand.
If you utilise or obtain any product or service from a third party while using the Service, you may also be subject to that party’s terms and conditions of use. Where this is the case, your legal relationship with that third party will not be affected by these Terms of use.