ProfessionL Terms of Service
By using the ProfessionL.com, ProfessionL.co.za, ProfessionL.net, ProfessionL.co.uk websites (“Service”), all services of White Wall Web cc (“White Wall Web”) and hereafter referred to as “ProfessionL”, you agree to be legally bound by the following Terms and Conditions (“Terms of Service”).
ProfessionL reserves the right to make necessary amendments to the Terms of Service, from time to time, without prior notice to the Subscriber and/or User. New features, including new tools, facilities and resources that may enhance the current Service, shall be subject to the Terms of Service. Use of the Service after such amendments shall constitute your approval to said amendments. The most current version of the Terms of Service will be readily available at http://ProfessionL.com for perusal by the Subscriber and/or User.
Contravention of any of the Terms below will validate the termination of your Account. ProfessionL strictly prohibits such violation of conduct and/or content on the Service. By using the Service, you hereby understand and agree that ProfessionL may not be held liable for the Content posted on the Service, as you may be exposed to various levels of Content. You hereby agree to use the Service at your own risk and liability.
Application Program Interface Terms:
- The Subscriber and/or User must be 13 years or older to use the Service.
- The Subscriber and/or User must be a human. Accounts registered by “bots” or other automated methods are strictly prohibited.
- The Subscriber and/or User is required to provide his/her legal name and surname as it appears on his/her Identification document, a valid email address, and any other information requested in order to complete the Sign-Up process.
- The Subscriber and/or User is permitted only one User login. It is prohibited for multiple users to share a single login. However, the Subscriber may create separate logins for multiple users, should he/she deem it necessary.
- The Subscriber and/or User is liable for maintaining the security of his/her Account and password. ProfessionL may not, and will not, be liable for any loss, damage or vandalism to the Subscriber and/or User’s Content through negligence by the Subscriber and/or User to comply with the security obligation of the Service.
- The Subscriber and/or User is liable for all Content posted and any activity that occurs under his/her Account. Even in the event of Content being posted by other users who have Accounts under the original Subscriber and/or User.
- If the Subscriber and/or User is using a free Account, he/she is prohibited from blocking advertisements.
- One person or legal entity may not maintain more than one free Account.
- The Subscriber and/or User may not use the Service for any illegal or unauthorized purpose. He/She is prohibited, in the use of the Service, from infringing upon any laws in his/her jurisdiction, including but not limited to, copyright laws.
The Subscriber and/or User may access their ProfessionL Account data via an Application Program Interface (API). Use of the API by the Subscriber and/or User, including use through a third-party product that accesses ProfessionL, is bound by the Terms of this agreement, in addition to the following specific Terms:
Payment, Refunds, Upgrading and Downgrading Terms
- The Subscriber and/or User explicitly understands and agrees that ProfessionL shall not be liable for any direct, indirect, incidental, exceptional, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, as a result from using the API or third-party products which access data via the API. This is also relevant in the event of ProfessionL having received notification of the possibility of damages to such Content.
- Abuse or excessively frequent requests to ProfessionL via the API could result in the temporary or permanent suspension of the Subscriber and/or User’s Account access to the API. ProfessionL, in its discretion, will determine whether a Subscriber and/or User is abusing the API, and will make a reasonable attempt via email to warn the Subscriber and/or User prior to suspension of his/her Account.
- ProfessionL reserves the right, from time to time, to modify and/or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without prior notice.
Cancellation and Termination
- Payment for the Service can be made via Credit Card (Visa or MasterCard), EFT, PayPal or by cheque.
- The Subscriber and/or User is required to pay in advance for either a six month or yearly subscription to the Service, if paying via EFT, PayPal or cheque. Alternatively, should the Subscriber and/or User pay via Credit Card, he/she will pay from month to month.
- If the Subscriber and/or User initially signs up for a Small, Medium or Enterprise Account, and the Subscriber and/or User does not cancel the Account within 30 days, he/she will be liable to pay the Account, which is billed monthly starting on the 30th day after the Account was initially created. If the Subscriber and/or User cancels prior to the processing of the first invoice on the 30th day, he/she will not be charged.
- An upgrade from the free 1-Job Plan (“Micro”) to any paying plan will automatically discontinue the free trial. You will be billed for your first month immediately upon upgrading.
- Should the Subscriber and/or User select to upgrade his/her Account, the change will reflect immediately in the Service. The Subscriber and/or User will not pay for the additional costs until the following billing month, when he/she will be charged the higher price for the upgraded plan.
- Should the subscriber and/or User select to downgrade his/her Account, the change will reflect immediately, however the Subscriber and/or User will only pay the lower rate with the following billing month.
- Downgrading the Service could potentially result in loss of Content, features or capacity of the Subscriber and/or User’s Account. ProfessionL does not accept any liability for such loss.
- The Service is non-refundable, and the Subscriber and/or User is billed on a monthly, pay-as-you-go basis. There are no refunds or credits for partial months of service, upgrade or downgrade refunds or refunds for months unused. ProfessionL prohibits any exceptions to this Term.
- Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and the Subscriber and/or User shall be responsible for payment of all such taxes, levies, or duties. This however, excludes Unite States (federal or state) taxes.
Amendments to the Service and Prices
- The Subscriber and/or User is solely responsible for properly cancelling his/her Account.
- The Subscriber and/or User may cancel his/her subscription via email requesting a cancellation, and ProfessionL will administer said request.
- The Subscriber and/or User may cancel his/her subscription by clicking on the ‘Account’ link in the global navigation bar at the top of the screen. The ‘Account’ screen provides a simple no questions asked cancellation link.
- Alternatively, the Subscriber and/or User may stop paying for their subscription.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your Account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- ProfessionL, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other ProfessionL service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ProfessionL reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership
- ProfessionL reserves the right, from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of the Service, including but not limited to the monthly subscription fees, are subject to change upon 30 days notice from ProfessionL. Such notice may be available via the Service itself, alternatively, on the ProfessionL sites.
- ProfessionL shall not be liable to the Subscriber and/or User, or to any third party for amendments, price changes, suspension or discontinuance of the Service.
- Content submitted onto the Service must comply with U.S. copyright law.
- ProfessionL claims no intellectual property rights over any Content as submitted by a Subscriber and/or User to the Service. The Subscriber and/or User’s profile and materials uploaded remains his/her own property.
- The Subscriber and/or User must note that setting their Account to be shared publicly, permits others to view and share his/her Content.
- ProfessionL does not pre-screen any Content as submitted by the Subscriber and/or User, however ProfessionL has the authority, in their sole discretion, to refuse and/or remove Content that appears on the Service, should ProfessionL deem that the Content is in violation of the Terms of Service.
- The appearance of the Service is copyright© White Wall Web cc. All rights reserved. A Subscriber and/or User is prohibited from duplicating, copying or reusing, in any way, any portion of the HTML/CSS or visual design elements without explicit written permission from ProfessionL.
- The use of the Service is at the sole risk of the Subscriber and/or User. The Service is provided on an “as available” basis.
- Support is strictly available only via email, and not telephonically or by any other means of communication. This Support is only available to paying Subscribers and/or Users.
- The Subscriber and/or User must understand that ProfessionL makes use of third-party vendors and hosting partners to ensure the necessary hardware, software, networking, storage and other related technology required to operate and run the Service, is provided.
- The Subscriber and/or User is prohibited from modifying, adapting or hacking the Service in any way, or enhance another website so as to falsely imply its association with the Service, ProfessionL, or any other White Wall Web service.
- The Subscriber and/or User will not reproduce, duplicate, copy, sell or exploit any portion of the Service, use of the Service, or access to the Service without explicit written permission from ProfessionL.
- ProfessionL may, although has no obligation to, remove Content and Accounts which ProfessionL deems as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property, or these Terms of Service.
- Any verbal, physical, written or threats of abuse or retribution of any ProfessionL customer, employee, member or officer, will result in immediate termination of the Subscriber and/or User’s Account.
- The Subscriber and/or User understands that the technical processing and transmission of the Service, including the Subscriber and/or User’s Content, may be transferred, unencrypted and may involve:
(a) Transmissions over various networks,
(b) Changes to conform and adapt to technical requirements of connecting networks and/or devices.
- The Subscriber and/or User is prohibited from uploading, posting, hosting or transmitting unsolicited emails, SMSs or “spam” messages.
- The Subscriber and/or User is prohibited from transmitting any viruses and worms, or any code of a destructive nature.
- Should the Subscriber and/or User’s bandwidth usage exceed 300 MB per month, or significantly exceed the average bandwidth usage of other ProfessionL customers, ProfessionL reserves the right to disable the Subscriber and/or User’s Account immediately, or stifle the Subscriber and/or User’s file hosting until he/she has reduced his/her bandwidth consumption.
- ProfessionL does not warrant the following:
(a) The Service will not meet the Subscriber and/or User’s specific requirements,
(b) The Service will be uninterrupted, timely, secure or error-free,
(c) The results which may be attained from the use of the Service will be accurate and reliable,
(d) The quality of the Service, information, or other material purchased or obtained by the Subscriber and/or User through the use of the Service, will meet the Subscriber and/or User’s expectations,
(e) Any errors in the Service will be corrected.
- The Subscriber and/or User explicitly understands and agrees that ProfessionL is not Accountable for any direct, indirect, incidental, exceptional, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even in the event of ProfessionL being advised of the possibility of such damages, resulting from:
(a) The use or inability to use the Service,
(b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through, or from, the Service,
(c) Unauthorised access to, or alteration of the Subscriber and/or User’s transmissions or data,
(d) Statements of conduct of any third-party on the Service
(e) Any other matter relating to the Service.
- Failure on ProfessionL’s behalf to reasonably exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service legally constitutes the Agreement between the Subscriber and/or User and ProfessionL, including but not limited to, any prior versions of the Terms of Service.
- Should the Subscriber and/or User require any further information, or may he/she be uncertain about anything as it appears in the Terms of Service, queries may be sent to tos[at]professionl[dot]com.