Terms of Service

Welcome to CommittedCost and SpecBreak!! Thank you for selecting the CommittedCost and SpecBreak software provided by WebMasterENG. The following terms and conditions along with our privacy policy and other additional terms as posted on the Website, regulates the use of the website (hereinafter referred to as the “Website”). This is an electronic generated document that does not require any physical or digital signature for its authenticity. The following terms have a bearing on your legal rights and duties. Therefore, the users are requested to go through the following terms very carefully. By transacting with us or accessing the website, you agree to be bound by these terms and conditions. If you find any of the terms to be unacceptable or do not agree with all or any of the policy or terms, you should refrain yourself from using or transacting the website.

For the purpose of this Agreement, the terms ‘you’, ‘yours’ and ‘user’ refers to the user or viewer of the Website and the terms ‘we’, ‘us’, and ‘WebMasterENG’ refers to the owner of the Website.

Through the website, WebMasterENG offers two products:

CommittedCost: project management services that would help in reducing your overall project cost and tracking your committed costs.

SpecBreak: Management of Change (MOC) and Asset Management services for your industrial equipment. This shall include a variety of services including managing and documenting maintenance, calibrations, certifications, and inspections of the industrial equipment.

As long as you comply with these Terms of Service, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the services provided by our Website.

Eligibility:

The use of this website is limited to Person of legal age 18 or above, who is eligible to form a binding contract and who is not a person barred under the applicable laws of land or jurisdictions to avail such services.

By continuing to use this website or our services, you represent that you are not a legally incapacitated person to form a binding contract under the applicable laws of land or jurisdictions and accepting this agreement on behalf of yourself.

By using this website, you represent and warrant that you have the full right and power to enter into this agreement in accordance with these Terms of Service. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

Account Terms:

For the purpose of availing our services, the users need to sign up and register an account with our server. The users are required to provide certain information for successful registration of the Account and would receive a username and password upon the completion of such registration. The users agrees to provide all correct and accurate information required for the successful registration of the Account. The user should take all necessary steps for maintaining the confidentiality of the username and password and shall also be responsible for all the activities that occur under your account. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to immediately notify us of any unauthorised use of the account or password. In case of any damage or loss arising out of user’s failure to comply with this provision, WebMasterENG shall not be held liable.

Limited license and Access to use the Website:

Unless otherwise stated, all the materials available on the website are owned by WebMasterENG and are protected by various intellectual property rights. You may use the information available on the Website for your personal downloading purpose, provided that you do not remove any proprietary notice language in all copies of such documents and use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.

Our services are provided for the personal use by you or your organisation. You agree and represent that you will comply with all applicable federal, state, and local laws including, without limitation, copyright law, while using our services. The user agrees not to sub-license, sell, rent, lease, copy, modify or otherwise extract the source code of the Website or any part thereof. The user further agrees not to translate the Website into other language or make derivative versions of the Website.

The user further agrees that CommittedCost and SpecBreak software is not sold to the users. It is only provided to the users for personal use subject to the terms and conditions of this Agreement. The user agrees not to use or permit any third party to use in any manner that violates the applicable law of land or any terms and conditions mentioned under this Agreement. The user shall not permit any third party to benefit from the software by means of rental, lease, time sharing, service bureau, hosting service or other arrangements.

Intellectual Property:

The contents that appears on the website, including without limitation to graphics, data, text, layout, page headers, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website are the copyrighted work of WebMasterENG and is protected under copyrights and other intellectual property laws and relevant international treaty provisions. You agree not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of WebMasterENG. Any such unauthorized acts is expressly prohibited by law and may result in severe civil and/or criminal penalties.

The trademark, logo and service mark displayed on or in the Website is the exclusive property of WebMasterENG as it reserves all the intellectual property right in these contents. The user agrees not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website. Additionally, you agree not to use our trade dress, or copy the look and feel of our Website, without our prior written consent. Use of the Website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of WebMasterENG.

Prohibited Activities:
You agree to use the website in a reasonable manner. Except as expressly permitted in these Terms of Use, you confirm and undertake that you will not:
1. Use the Website in any illegal manner or any manner which encourages or promotes illegal activities;
2. Modify, adapt, translate or reverse engineer or re-format or frame whole or any part of the Website;
3. Upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the or other user’s device;
4. Violate, abuse, manipulate or exploit any terms and conditions of this Agreement or any code of conduct or other guideline as provided under the Website;
5. Make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about WebMasterENG and its associates and partners or any property owned by WebMasterENG.
6. Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
7. Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
8. Attempt to crawl, scrape, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means;
9. Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure.
10. Make efforts to subvert the website’s navigational structure by hacking into the Website or Website database to obtain information about our business practices that is not available for personal use.
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
12. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity.
Disclaimer:

The use of the Website is at user’s sole risk. The services are provided to you on “IS AS” basis without warranty of any kind either express or implied. Without limiting the foregoing, WebMasterENG and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. WebMasterENG does not warrant that the services provided by the Website will be uninterrupted or error free or that the Website or the server that makes it available are free from viruses or other harmful components. Further, WebMasterENG would not be held responsible for non-availability of the Website that may occur during any periodic maintenance or technical issue beyond the control of WebMasterENG. We are not responsible for any technical failure of internet or the Website or any damage or injury caused to the user or their device as a result of or relating to their use of the Website.

Product and Service Pricing:

The price charged for a product or service is as mentioned in the website or notified to the client by us from time to time. Although we ensure that the site is free from all errors, there is possibility of typographical or other errors or omissions regarding products, prices, services, or other information advertised on the Website. We shall not be held responsible for the same. Prices of the services or any promotional offers are subject to change from time to time, which shall be notified to the client through the email address maintained with us or by posting on the Website.

Solicitation Rights:

WebMasterENG is a registered trade name of Tundra Engineering Inc. of Calgary, Alberta, Canada and includes WebmasterENG products CommittedCost (CommittedCost.com), SpecBreak (SpecBreak.com), and GoTime (GoTime.com) and WebMasterENG.com. There are NO restrictions for Tundra Engineering Inc. or any of its employees, contractors or representatives to solicit, to communicate with the intention to solicit, attempt to divert or solicit any of the services Tundra Engineering Inc. provides to any of the WebMasterENG users or any of the WebMasterENG user’s company coworkers, employees or contractors at any time.

Additional Terms:

From time to time, WebMasterENG may provide users with additional services, products or other promotional offers. The use of such additional services shall be subjected to their respective terms and conditions, which the users are required to accept. If the terms and conditions are not acceptable, then the user may refrain from using such services. Further, for availing the additional services, the users may be required to pay certain additional fee, which will be notified along with the services. With the services, the users may be required to provide certain details such as name, address, business information, purchases and any other information as required. The users grant WebMasterENG the permission to use such information to help the users provide a better experience, develop new products and services, and enhance CommittedCost and SpecBreak software.

Third Party Links:

CommittedCost and SpecBreak may contain links to websites operated by other companies (third party sites). Your use of such third party sites are not governed by these terms and conditions. The third party websites are not controlled by WebMasterENG and therefore WebMasterENG is not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by WebMasterENG.

Breach of Terms and Conditions:

Without prejudice to the other rights of WebMasterENG under these Terms of Service, if you breach any of the terms of service or any part thereof in any manner whatsoever, WebMasterENG reserves the right to take such action as it deems appropriate including suspension or termination of service.

Termination:

WebMasterENG reserves all the right to suspend or terminate the user’s use of the website without giving prior notice, if WebMasterENG finds that the user has violated any of the terms and conditions, policies or guidelines. The user can terminate the agreement at any time, provided that the user discontinues any further use of the website. Upon any termination of the User Agreement by either you or WebMasterENG, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.

Indemnification:

You shall indemnify and hold harmless WebMasterENG, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Service, and other Policies, or your violation of any law, rules or regulations or the rights including infringement of intellectual property rights of any third party.

Modification:

The nature and the form of services provided by us keeps on evolving and changing from time to time. We reserve the right to modify our services including adding or removing features at our sole discretion. Such changes will be reflected at our website or notified to you via email.

Further, we reserve the right to update, change, modify, alter, add or remove at any time the terms of service or any part thereof applicable to you. Such changes , modification, alteration, addition or deletion shall be effective immediately upon notice thereof which may be specified by means including, but not limited to posting on website or by electronic mail or by any other means by which the user obtains notice thereof. By continuing use of the website after posting of such changes, it will be presumed that you have read and agree to be bound by the modified terms.

Notice of Intellectual Property Claim:

We respect the intellectual property rights of others and do not encourage the distribution of infringing works. If you believe that your copyright, trademark or other proprietary rights has been infringed and such infringement is hosted on CommittedCost and SpecBreak, you may request removal of those material from our server by submitting a written notification to ContactUs@WebMasterENG.com

All the notice for copyright infringement shall be in compliance with the provisions of Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

Upon receipt of a valid complaint, we will disable access to that infringing material, if we are of firm believe that the claim submitted are genuine and infringes upon the rights of the Complaining party.

Help and Support:

WebMasterEng provides Support Services to its Users regarding the use of the CommittedCost and SpecBreak software. Support Services are technical assistance and customer relate service provided to the users by WebMasterENG in connection with software, services, or subscriptions , using various means, including without limitation to emails, chats and telephone. However, some of the Support service may require additional fee(s). The terms and conditions regulating the Support Service provision are subjected to change from time to time. The WebMasterENG Support service can be accessed at ContactUs@WebMasterENG.com

Applicable Laws:

These terms shall remain subject to the relevant laws in force in Canada. The place of jurisdiction shall be Alberta, Canada.

Miscellaneous:
1. The aforesaid terms are independent in nature. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
2. This Agreement constitutes the entire Agreement between the parties concerning the subject matter of this Agreement and shall supersede any and all prior arrangement, negotiations, agreement made between the parties, whether orally or in writing, with respect to the subject matter of this Agreement.
3. c) Any dispute arising out of or in relation to these terms and service, shall be subjected to the exclusive jurisdiction to the courts in Alberta, Canada.
4. d) Neither party shall be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from causes beyond the control of parties including, without limitation to, any Act of God, flood, fire, explosion, hostilities, riot, civil disturbance, terrorism, malicious damage, strike or industrial action (collectively referred to as “Force Majeure Event”).
5. e) The usage of our services is not solely governed by these terms only. You are thus requested to refer to our Privacy Policy also.

In case of any query or doubts with respect to our Terms of Service, please feel free to contact us at: ContactUs@WebMasterENG.com