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Terms & Conditions

Latest update 26th September 2012

1. FOREWORDS

Eurotechnia and Infracom conveived and sell products together under the names Webcampak and Webcampak Cloud. Those products have been created to automate picture acquisition and processing. Those pictures can then be converted into timelapse videos.

Those products, derivated version and related services and all subsequent version, are all subject to the following terms and conditions. Depending of the situation there might be additional terms & conditions to be attached to products and services, those terms & conditions will be communicated where applicable.

In this document, ‘User(s)’ or ‘Customer(s)’ refer to users, customers of Webcampak products.

2. ACCEPTANCE OF TERMS & CONDITIONS

By using one of multiple Webcampak products or related services, users accept Terms & Conditions detailed in this page.

Each user of Webcampak acknowledge the ability of Eurotechnia and Infracom to edit those Terms & Conditions partially or totally at any time without notice and agree that the updated version of those Terms & Conditions automatically become applicable when published on webcampak website.

As a result, all Webcampak products and related services, mentioned in those Terms & Conditions are immediatly subject to updated Terms & Conditions as soon as they are published online.

Terms & Conditions are considered accepted as were the previous version.

3. LIMITATION ON LIABILITY AND WARRANTY

UNDER NO CIRCUMSTANCES SHALL EUROTECHNIA OR INFRACOM BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED OR INCURRED WITH RESPECT TO ANY DEFECTIVE PRODUCT OR SERVICE. IN NO EVENT SHALL EUROTECHNIA OR INFRACOM BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT YOU MAY SUFFER DIRECTLY OR INDIRECTLY FROM USE OF ANY PRODUCT OR SERVICE.

EUROTECHNIA AND INFRACTOM GUARANTEES HARDWARE PRODUCTS AGAINS DEFECTS IN WORKMANSHIP AND MATERIAL FOR A PERIOD OF ONE YEAR FROM DATE OF INSTALLATION. YOUR SOLE REMEDY AND EUROTECHNIA AND INFRACOM SOLE LIABILITY SHALL BE FOR EUROTECHNIA AND INFRACOM TO EITHER REPAIR OR REPLACE DEFECTIVE PRODUCT AT NO CHARGE. SHIPMENT COSTS IN BOTH DIRECTIONS ARE THE RESPONSIBILITY OF THE CUSTOMER. THIS WARRANTY IS VOID IF HARDWARE PRODUCT HAS BEEN ALTERED OR DAMAGED BY ACCIDENT, MISUSE OR ABUSE.

ANY DEFECT MUST BE DETAILED BY EMAIL AT THE FOLLOWING ADDRESS: support@webcampak.com. EUROTECHNIA AND INFRACOM WILL THEN QUALIFY THE DEFECT AND DETERMINE IF REMEDIATION CAN BE PERFORMED REMOTELY (SOFTWARE MODIFICATION OR SHIPMENT OF SPARE PARTS) OR IF PRODUCTS NEED TO BE SENT BACK TO EUROTECHNIA OR INFRACOM OFFICES.

THIS WARRANTY IS MADE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED, OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, EXCEPT THE WARRANTY EXPRESSLY STATED HEREIN. THE REMEDIES SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF ANY PURCHASER WITH RESPECT TO ANY DEFECTIVE PRODUCT.

4. USER RIGHTS AND OBLIGATIONS

4.1. Public notice and conformity with local law and regulations

Users agree to use Webcampak and Webcampak Cloud products in agreement with any laws applicable in the country and district where the product is installed. Users also agree to deploy any necessary elements, where necessary, to notify the public that automated photography is currently activated in a specific area.

Users and customers are the only person liable for the way they use Webcampak & Webcampak cloud products.

Under no circumstances shall Eurotechnia or Infracom be liable in relation to Webcampak & Webcampak Cloud installations.

4.2. Installation of the product

During installation phase, the customer remains the only entity responsible of installing the Webcampak on-site (i.e. on top of a pole, attached to a wall, …). Any advices provided by Eurotechnia or Infracom cannot change this matter of fact.

The customer is considered the only person in charge of physical installation of a Webcampak product on its production site.

4.3. Content property

In the absence of any additional written agreement signed by both parties, the customer is and remains the owner of all pictures captured by Webcampak.

5. EUROTECHNIA/INFRACOM RIGHTS AND OBLIGATIONS

Eurotechnia and Infracom will develop their product in agreement with applicable low.

Customers acknowledge that Eurotechnia and Infracom could be requested to send user details based upon a legal request from a legal authority. Eurotechnia and Infracom will comply with any applicable law.

Consequently, Eurotechnia/Infracom can edit or suspend all or part of provided products or services if ordered by an applicable legal authority.

5.1. Updated and interruptions

Eurotechnia and Infracom can implement upgrades and updates of their hosted and managed services based upon their sole discretion, by complying to the following maintenance slots:

  • Upgrades and non-important modifications: from Sunday 14h00 to Monday 08h00
  • Important updates: any day between 22h00 and 06h00 the following day
  • Critical and security updates: any day 24h/24

Upgrades and non-important modifications: all actions related to addition of new features onto Webcampak. Those actions are not considered important or critical.

Important updates: any actions to address a stability issue of one or more customers related to picture acquisition or interface usage.

Critical and security updates: any actions to address a critical incident. Is considered critical, any incident strongly impacting security or stability of Webcampak products.

5.2 Webcampak Cloud SLA

Eurotechnia and Infracom will do their best to ensure stability in picture acquisition to their customers.

All elements detailed in this section of the document are only applicable to picture acquisition. Accessing interface, editing pictures, or generating video are excluded, those elements can be re-initiated at a later stage.

Are also excluded of this section of the document any event outside Eurotechnia or Infracom perimeter, such as an incident under responsibility of the customer of one of the customer’s or Webcampak suppliers. Manipulation error, caused by the customer are also excluded.

5.2.1 Picture acquisition incident

If, because of Eurotechnia or Infracom, picture acquisition is interrupted, Eurotechnia or Infracom will address this issue within 2 days from written (email) notice by customer.

Any incident must be declared by the customer by email (support@webcampak.com) and phone, lenght of the incident will be calculated from reception of customer’s email.

If Eurotechnia or Infracom fail to address this incident within 2 days, the customer will receive, upon request, a free month of its current service (same service, same configuration, same perimeter). This offer is limited to one per month.

Are excluded from this:

  • Incidents under the customer’s responsibility. (camera incident, manipulation error, …)
  • Third party incidents (Internet providers, suppliers, …)
  • Critical and security updates

If an incident is caused by a non-important or important update, the incident will be considered under Eurotechnia or Infracom responsibility and is eligible for a free month of service.

5.2.2 Picture loss

A picture loss is a deletion of pictures that have been stored on the system at once.

In case of picture loss for a duration of more than 48h00 and cause by Eurotechnia and Infracom, the customer will receive, upon request, a free month of its current service (same service, same configuration, same perimeter). This offer is limited to one per month.

If the customer subescribed to a high availability storage option, any picture loss greater than 4h00 and cause by Eurotechnia and Infracom, the customer will receive, upon request, a free month of its current service (same service, same configuration, same perimeter). This offer is limited to one per month.

5. APPLICABLE LAW

In all cases, Eurotechnia, Infracom and their customers are subject to any applicable laws in the country where the product is installed.