Terms of Service
1.1 - In accessing and using MyWorkProjects as a customer you are agreeing to the following terms and conditions (the "Agreement"). Additional contractual terms may apply to some Services so it is important that you are familiar with all the terms applicable to your use of our Service.
1.2 - MyWorkProjects is a service owned and operated by Dean Wilson ("MyWorkProjects") of Wollongong NSW 2500, Australia. This agreement constitutes an agreement between you (including all account holders of MyWorkProjects) and MyWorkProjects governing your use of the Service. This agreement supersedes any prior agreement between you and MyWorkProjects (inclding but not limited to any previous version of this Agreement).
1.3 - MyWorkProjects reserves the right to update or change this Agreement at any time. Account holders will be notified when they login.
2. Description of Service
2.1 - The Service shall be provided to you as is. For a monthly or yearly membership fee (as stated on the payment page).
Any new features which are subsequently added to the Service during the Term shall also be, unless agreed otherwise in writing, subject to this Agreement.
2.2 - MyWorkProjects cannot guarantee that the Service will be continuously available as the Service may be unavailable from time to time due to either:
2.2.1 - scheduled downtime for Service upgrades and/or maintenance; and/or
2.2.2 - any circumstances which are beyond our control such as technical failures.
3.1 - In order to use an account to our Service, each account must be connected to an individual person or organisation or corporate body. We cannot accept any accounts that run through automated methods.
3.2 - You must provide your full name, a valid email address and any other information requested by MyWorkProjects in order to complete the signup process.
3.3 - You are responsible for maintaining the security of your account login information ( email, password). MyWorkProjects cannot and will not be liable for any loss or damage from failure to comply with this security obligation. You must notify us immediately in the event of loss of disclosure of any third party of your username and password.
3.4 - Your login may only be used by one person – a single login shared by multiple people is not permitted - unless you contact us first with details on the other people using your account.
3.5 - MyWorkProjects hereby grants you a limited, non-transferrable, non-exclusive licence to use and access the Service solely for your internal business purposes provided that you shall not:
3.5.1 - licence, sub-licence, sell, resell, rent, lease, transfer, assign, distribute or otherwise exploit the terms of this licence or make the Service available for access or use by any person(s) other than the Users, save as for is expressly permitted by this Agreement or authorised by MyWorkProjects;
3.5.2 - use the Service to process any data unlawfully or for any third party;
3.5.3 - allow any unauthorised access to, or use of, the Service. You must notify us immediately in the event that you become aware of any such unauthorised access to, or use of, the Service;
3.5.4 - modify, adapt, decipher, decompile, reverse engineer or otherwise attempt to determine the source code of the Software which makes up the Service except as otherwise expressly permitted by law;
3.5.5 - use the Service in an unlawful manner including, but not limited to, the infringement of any third party intellectual property rights or use of the Service in breach of any third party's privacy rights;
3.5.6 - use the Service in a manner that interferes or disrupts with the provision of the Service by MyWorkProjects to third parties;
3.5.7 - use the Service to upload, store or transmit any malicious code or other similar harmful software such as viruses, malware or Trojan horses;
3.5.8 - use the Service to make any transmission, display or publication of any material which is of a defamatory, offensive, abusive or menacing character to any other person; or
3.5.9 - use the Service for any transmission, display or publication of any material in breach of the Data Protection (of any amending legislation) dealing with data protection or similar legislation in any other country of any material which is confidential or is a trade secret.
3.6 - You are responsible for ensuring that the Users comply with the terms of this Agreement and that Users do not access or use the Service in breach of this Agreement.
3.7 - Where you have signed-up for a account, you may not transfer your concurrent licence to use and access the Service to any third party.
3.8 - You may not use your account for any illegal or unauthorised purpose. You must not, during your use of this Service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
3.9 - You agree to indemnify MyWorkProjects against all and any losses, costs and expenses MyWorkProjects may incur as a result of any breach by you of this clause 3.5.
4. Account Billing, Invoicing and Refunds
4.1 - MyWorkProjects is a paid membership service and payments are taken via Payhere.co (via Stripe)
4.2 - Account holders (if they wish) may donate funds (to whatever value they wish) via Pateron.com to help with the running costs of MyWorkProjects web hosting services and the developement of future functions.
4.3 - If after 14 days of joining MyWorkProjects, you wish for a refund, please contact firstname.lastname@example.org and will be happy to refund your payment. Your account will be placed on inactive for 30 days, upon the 30 days of which it will be automatically deleted from the date of refund request. Depending on your payment method, a refund may take 60 days to return to your original payment account.
4.4 - If a period of 30 days has passed from the time of paid membership, MyWorkProjects can deny a full refund request.
5. Cancellation and Right to Monitor
5.1 - Upon cancellation of an account, the account is hold inactive for 30 days.
5.2 - After a 30 day period from cancellation, upon the expiry of which it will be automatically deleted.
6. Right of Refusal
6.1 - MyWorkProjects has the right to accept or decline any account requests in its sole discretion with no obligation to detail the reasoning behind such decision.
7.1 - A support request may be raised by you at any time but you acknowledge that MyWorkProjects will only respond during the hours or whenever possible after hours.
8. Code and Data Ownership
8.1 - Any data entered in your live account database or uploaded to the Service remain yours at all times.
8.2 - MyWorkProjects does not pre-screen any content, but reserves the right to refuse or remove any content available via the Service although you acknowledge and accept that MyWorkProjects are not obliged to monitor such content as a standard part of the Service provided.
8.3 - MyWorkProjects houses all Software on servers which are either owned by Us or leased from third parties. Unauthorised distribution of the Software without prior consent is strictly prohibited and includes placing our Software on any physical or virtual servers or mediums without special agreement or written consent form MyWorkProjects.
8.4 - The MyWorkProjects code will not be accessible for any accounts.
9. Data Loss and Backups
9.2 - MyWorkProjects will not accept under any circumstances the liability for any loss of customer data whether that is through general use, hacking or server failure.
9.2 - MyWorkProjects will operate a weekly backup of the account data and the server itself.
10.1 - MyWorkProjects will at all times be committed to ensuring the confidentiality of information. Any information submitted by you will only be used by MyWorkProjects in accordance with your instructions or in accordance with the terms of this agreement.
10.2 - Each party agrees and undertakes that during the term of this Agreement and thereafter it will keep confidential, and will not use for its own purposes, any information of a confidential nature (including without limitation trade secrets and information of commercial value) which may become known to that party from the other party (“Confidential Information”) nor without the prior written consent of the other party disclose to any third party any Confidential Information unless the Confidential Information:
10.2.1 - is in the public domain at the Effective Date of this Agreement; 10.2.2 - is already known to that party at the time of disclosure; 10.2.3 - becomes public knowledge other than by breach of this Agreement; or 10.2.4 - subsequently comes lawfully into the possession of that party from a third party who is under no obligation of confidentiality.
10.3 - To the extent necessary to implement the provisions of this Agreement each party may disclose the Confidential Information to those of its employees and sub-contractors as may be reasonably necessary to perform its obligations under this Agreement, provided that before any such disclosure each party shall make those employees and sub-contractor aware of its obligations of confidentiality under this Agreement and shall at all times procure compliance by those employees and sub-contractors with this clause 13.
11.1 - MyWorkProjects warrants that:
11.1.1 - it has the right to provide the Service and any accompanying materials as contemplated under this agreement and that each of the foregoing, and their provision in accordance with the terms of this agreement, does not and will not infringe the Intellectual Property Rights or other rights of any third party;
11.1.2 - the Service will operate and function as described on the Website;
11.1.3 - the Service will be provided with all due care, skill and diligence and by means of appropriately qualified and skilled personnel.
11.2 - Although MyWorkProjects does not warrant that the Service supplied hereunder shall be free from all known viruses, MyWorkProjects warrants that it has checked the Software for the most commonly known viruses.
11.3 - Except as expressly set out in this Agreement and subject only to clause 13.1, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for any purpose, will apply to the Service or to anything else supplied or provided by MyWorkProjects under this Agreement.
12. Term and Termination
12.1 - This Agreement shall commence on the date upon which you first access the Service (the “Join Date”) and shall continue in full force and effect unless terminated in accordance with the provisions of this clause 12.
12.2 - You may terminate this Agreement without cause any time.
12.3 - MyWorkProjects may terminate this Agreement without cause with thirty (30) days.
12.4 - Without prejudice to any other rights to which it may be entitled:
12.4.1 - either party may terminate this Agreement with immediate effect if the other party commits any material breach of any of the terms herein and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified under this sub-clause 12.5 of the breach, such notice to refer to the notifying party’s intent to terminate this Agreement unless the breach is remedied; or
12.4.2 - either party may terminate this Agreement with immediate effect if the other suffers an Insolvency Event; or
12.4.3 - in the case of a force majeure event as specified under clause 14 below, either party may terminate this Agreement with immediate effect pursuant to that clause.
12.4.4 - in the case that the account holder has not logged into their account within thirty (30) days of signup.
12.5 - MyWorkProjects may, as an alternative to sub-clause 12.4.1 above, cancel your access to the Service with immediate effect if you are in material breach of any obligation in this Agreement.
12.6 - Your access to the Service will, in any event, be terminated on termination of this Agreement.
12.7 - Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any MyWorkProjects customer or employee will result in immediate account termination without notice.
12.8 - MyWorkProjects reserves the right to terminate or suspend any or all customer accounts at will and if reasonably necessary. Discretion will be used, and action may be taken if needed to ensure server integrity for other customers.
13.1 - MyWorkProjects’s liability for:
13.1.1 - the death or personal injury caused by its negligence;
13.1.2 - fraud or fraudulent misrepresentation or any other fraudulent act or omission;
13.1.3 - for breach of any obligations of the Supply of Goods and Service Act 1982; or
13.1.4 - any other liability which may not lawfully be excluded or limited;
is excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.
13.2 - MyWorkProjects shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if MyWorkProjects has been advised of the possibility of such damages), whether such liability arises due to an indemnity, tort, negligence, breach of contract, misrepresentation or for any other reason.
13.3 - Subject to clauses 13.1 and 13.2, MyWorkProjects total aggregate liability for any:
13.3.1 - account Service under or in relation to this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to no costs of the Service.
whether such liability arises due to breach of contract, negligence or for any other reason. The foregoing limits on liability shall apply to each event or series of connected events
13.4 - If you are using MyWorkProjects Services, then you accept our terms within this document and any additional or supplemental terms relating to your use of the Website. You will hold harmless and indemnify MyWorkProjects and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Website and any Services provided by MyWorkProjects as well as from any claim, suit or action arising from or related to any violation of these terms and any additional or supplemental terms relating to your use of the Website or MyWorkProjects’s Services, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
13.5 - Although we provide rules for User conduct, we do not control, moderate, supervise or direct Certified Intermediaries or other authorised persons’ actions on the Website and we are not responsible for the content or information Users transmit or share on the Website.
14. Force Majeure
14.1 - The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying with them by any cause beyond its reasonable control such as an Act of God, flood, fire, earthquake, terrorism, riots, civil disorders, strikes, lockouts or other forms of industrial action on the part of MyWorkProjects staff. In the event that the cause continues for more than thirty (30) consecutive days, either party may terminate this Agreement immediately upon written notice to the other party in accordance with clause 13.5.
15. Restricted Content
15.1 - Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the Service including but not limited to:
15.1.1 - unsolicited email, SMS’s, or “spam” messages;
15.1.2 - worms, viruses or code of a destructive nature; or
15.1.3 - questionable or illegal material (including copyrighted material).
16. Data Protection
16.1 - In this clause 16 and wherever else appearing in this Agreement, the terms Personal Data", Data Controller", Data Processor" and Processing", Process" and Processed" have the meanings given in the Data Protection Act 1998 (the “Act”) as amended from time to time.
16.2 - To the extent that either you or MyWorkProjects is acting as a Data Controller under this Agreement, it shall comply with the Act.
16.3 - To the extent that MyWorkProjects is a Data Processor in respect of any Personal Data Processed by it under this Agreement, MyWorkProjects shall:
16.3.1 - only Process Personal Data as is necessary to perform its obligations under this Agreement and (without prejudice to clause 13.1(*) ensure that such data shall be held and Processed only in accordance with the Act;
16.3.2 - Process the Personal Data only for such purposes as are instructed by you and ensure that Our Processing does not put you in breach of the Act;
16.3.3 - comply with any instructions you give Us in relation to the collection of Personal Data (where We do this on your behalf) in order to ensure compliance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 in respect of your marketing intentions in respect of such Personal Data;
16.3.4 - put in place and at all times maintain appropriate technical and organisational measures against unauthorised, accidental or unlawful access to the Personal Data (having regard to the state of technological development and the costs of implementing any such measures) as well as reasonable security programmes and procedures for the purpose of ensuring that only authorised MyWorkProjects personnel have access to the Personal Data processing equipment to be used to Process the Personal Data, and that any persons whom it authorises to have access to the Personal Data shall respect and maintain all due confidentiality;
16.3.5 - promptly provide you with all information in its possession concerning any unauthorised or accidental disclosure or access made by any MyWorkProjects staff or any other identified or unidentified third party to any Personal Data held by it on behalf of you.
16.3.6 - promptly comply with any change of instructions from you relating to:
16.3.6a - the Personal Data; and
16.3.6b - MyWorkProjects’s role as a Data Processor; as issued in accordance with this Agreement and/or as otherwise required by changes or amendments to applicable law or regulatory requirement;
16.3.7 - not cause any Personal Data to be transferred outside the European Economic Area unless a data export contract is first entered into between MyWorkProjects and the relevant data importer on terms substantially similar to those approved by the European Commission; and
16.3.8 - procure that any permitted sub-contractor of MyWorkProjects’s shall comply with the obligations under this clause 18.3 to the extent that such sub-contractor will be processing Personal Data.
17. Intellectual Property Rights
17.1 - The Intellectual Property Rights in the Service and any hardware or Software used in connection with the Service is and will at all times remain MyWorkProjects’s property or that of MyWorkProjects’s licensors.
17.2 - In the event that the Service infringes any third party rights, MyWorkProjects will indemnify you against any loss or damage and shall defend and/or settle any third party claim that the Service infringes provided always that you promptly notify MyWorkProjects of any such claim in writing, give MyWorkProjects the sole control of any such action or proceedings and give MyWorkProjects such assistance as it may reasonably require to settle and/or defend such action or proceedings. Any award of costs and/or damages shall belong to MyWorkProjects in such event, MyWorkProjects shall, at its option:
17.2.1 - procure for you the right to continue to use the Service;
17.2.2 - make the Service available without infringing so far as MyWorkProjects is aware any third party Intellectual Property Rights; or
17.2.3 - terminate this Agreement forthwith on written notice to you.
17.3 - The indemnity in clause 17.2 above shall not apply to any infringement resulting from:
17.3.1 - use of the Service which does not comply with the uses permitted under this Agreement;
17.3.2 - any modification or change to the Service carried out by MyWorkProjects on your request; or
17.3.3 - the combination of the Service with any third party product and/or Service or modification undertaken by you without the prior written consent of MyWorkProjects.
18.1 - Nothing in this Agreement is intended to confer on a person any right to enforce any term of this Agreement which that person would not have had otherwise.
18.2 - You are not entitled to transfer or assign this Agreement without MyWorkProjects’s prior written consent. MyWorkProjects may assign, sub-contract or sub-let this Agreement or any part thereof.
18.3 - All disputes between the parties arising out of or relating to this Agreement or the breach, termination or validity thereof shall be referred by either party in writing, first to each party’s representative. The representatives shall meet and attempt to resolve the dispute within a period of thirty (30) working days from the date of referral of the dispute to them.
18.4 - All notices in relation to this Agreement must be in English, in writing, addressed to the other party and sent to your address set out on your Subscription or to email@example.com (as applicable) or such other address as either party has notified the other in accordance with this clause 18.4. All notices shall be deemed to have been given on receipt as verified by written or automated receipt or electronic log (as applicable). All other notices must be in English, in writing, addressed to the other party's primary contract and sent to their then current portal address or email address.
18.5 - Subject to clause 13.1, this Agreement and any Subscription sets out all terms agreed between the parties and supersedes and extinguishes all previous agreements, representations, misrepresentations, arrangements and understandings between the parties, whether written or oral, relating to its subject matter.
18.6 - Each party acknowledges that, in entering into this Agreement it has not relied on, and shall have no right or remedy in respect of, any statement, misrepresentation, representation or warranty (whether made negligently or innocently) and whether made by either party, orally or in writing, prior to the execution of this Agreement and not expressly set out in this Agreement or any Subscription.
19. Governing Law
19.1 - This Agreement shall be governed by and construed in accordance with Australia law and each party hereby irrevocably submits to the exclusive jurisdiction of the Australian courts. Notwithstanding the foregoing nothing herein shall preclude either party from seeking injunctions from any court of competent jurisdiction in order to protect its intellectual property rights or confidential information.