USING ANY OF WEBWISEWEST SERVICES SIGNIFIES YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS BELOW.
You should be aware that by signing up for a hosting account with WebWiseWest , you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of WebWiseWest to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on WebWiseWest servers, which suggests that you should consider carefully any piece of information before uploading it to your newly allocated WebWiseWest server space. It is recommendable to avoid publishing personal data that could be abused online.
ENTIRE AGREEMENT;
SEVERABILITY OF AGREEMENT
WebWiseWest shall provide its Services to you (the
Customer) under the Terms and conditions of this
WebWiseWest Customer Agreement. The Agreement is
intended to keep the integrity of both WebWiseWest
and the Customer and to protect both parties from
liability. This Service Agreement will be enforced
to ensure the speed, power, performance, and reliability
of our services. The Customer Agreement constitutes
the whole act of convention between WebWiseWest and
the Customer, thus being the most significant document
of the newly-established relationship. In case that
a court of competent jurisdiction considers that
any of the Agreement's provisions is invalid, enforceable,
or void, the remaining ones will completely reserve
their validity.
Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided "AS-IS" and that WebWiseWest assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
HOSTING SERVICES
BANDWIDTH - Each hosting plan include
prepaid bandwidth. Additional bandwidth is available.
Contact sales department (clients@WebWiseWest .co.uk)
for more information. This bandwidth must be prepaid
before using or otherwise the account will be suspended
due over bandwidth usage. If the total bandwidth
is exceeded on an account, the account will be suspended
until either the bandwidth is increased or a new
period starts.
WebWiseWest hosting plans include domain hosting.
Each hosting plan has a limit of the domains hosted.
Additional disk space is available. Payment is accepted
only in advance per year. Contact sales for more
information.
WebWiseWest , standard hosting accounts do not include
dedicated IP addresses.
MYSQL DATABASES are included in all hosting plans.
Additional MySQL databases are available. Contact
clients@WebWiseWest .co.uk for more information.
Additional MySQL database storage is available. Contact
clients@WebWiseWest .co.uk for pricing.
SERVICE GUARANTEES
WebWiseWest will guarantee 99.9% network uptime,
not including time whilst servers are being restarted,
or hardware breakdowns. WebWiseWest will pro-rate
credits for uptime below 99.9% upon request. This,
however, does not refer to problems stemming from:
- Server Hardware Breakdown - User error(s) or purposeful
interruption(s) of the user service - Failures due
to software that is not explicitly supported by WebWiseWest
. Consequently, if a hardware crash provoked by the
customer happens, WebWiseWest is beyond the control
and responsibility for the resulting downtime.
WARRANTIES AND REPRESENTATIONS
WebWiseWest provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with WebWiseWest confronts with service interruption issues.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the WebWiseWest
Services, you will not use the WebWiseWest Services
for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not
attempt to gain unauthorized access to any WebWiseWest
Services, other accounts, computer systems or networks
connected to any WebWiseWest Services, through hacking,
password mining or any other means. You may not obtain
or attempt to obtain any materials or information
through any means not intentionally made available
through the WebWiseWest Services. WebWiseWest reserves
the right at all times to disclose any information
as WebWiseWest deems necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, in the sole discretion
of WebWiseWest .
WebWiseWest is within the capacity to refuse service
to unlawful parties. WebWiseWest servers can be used
explicitly for legal purposes only and each attempt
for taking indecent advantage of the servers inconsistent
with the rules will be immediately rejected. In this
light, WebWiseWest expressly forbids any breach of
Federal, State or Local regulation, including, but
is not limited to the transmission of: copyrighted
material, material legally judged to be threatening
or obscene and material protected by trade secrets.
WebWiseWest management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. WebWiseWest servers CAN NOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.
THIRD PARTY
Any dealings with third parties (including advertisers) included within the WebWiseWest Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. WebWiseWest shall not be responsible or liable for any part of any such dealings or promotions.
TERMINATION
You agree that WebWiseWest , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
SERVICE DENIAL
WebWiseWest reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to WebWiseWest and liable for reasonable interest and collection fees.
YOUR RESPONSIBILITIES
You are solely responsible for the
content of your messages. Using the WebWiseWest Hosting
Service in connection with surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or
any duplicative or unsolicited messages (commercial
or otherwise) is prohibited. In consideration of
your use of the Service, you agree to the following:
When signing up for an account with WebWiseWest ,
each customer agrees to submit correct and up-to-date
contact details, meaning that when introducing any
changes to this information, he/she is obliged to
notify WebWiseWest in the course of a 10-business-day
period after the changes become valid.
You are responsible for maintaining the confidentiality
of your password and account, and you are fully responsible
for all activities that occur under your password
or account. You agree to: - immediately notify WebWiseWest
about any unauthorized use of your password or account
or any other breach of security - ensure that you
exit from your account at the end of each session.
WebWiseWest cannot and will not be liable for any
loss or damage arising from your failure to comply
with this.
Any Customer in violation of system or network security
is subject to criminal and civil liability, as well
as immediate account termination. Examples include,
but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security
or authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, e-mail bombing, flooding deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of
the header information in an e-mail or newsgroup
posting.
Harm to WebWiseWest Servers - any attempts for doing
harm to a server or customer of WebWiseWest Services
are explicitly banned - Acceptable Use of Services
/ Acceptable Access to Services - WebWiseWest will
immediately and resolutely react to any attempt of
use of an Internet account or computer by a WebWiseWest
customer unauthorized by the account or computer
owner. Such attempts include "Internet scamming" (tricking
other people into releasing their passwords and etc.),
password robbery, security hole scanning etc. It
DOES NOT matter whether the attacked account or computer
belongs or not to WebWiseWest Services, the fraud
will be subject to actions based on the very nature
of the attack which could be a warning, an account
suspension or cancellation and civil or criminal
legal action.
Customer agrees not to publish on or over its account
any information, software or other content, which
violates or infringes upon the rights of any others
or which knowingly contravenes the laws of any jurisdiction
in which such content is generally accessible.
WebWiseWest does NOT allow sites that provide any
content, points of distribution, or 'links' to sites
that: - infringe on any third party's intellectual
property or proprietary rights, or rights of publicity
or privacy - violate any law, statute, ordinance
or regulation - are defamatory, trade libellous,
threatening, unlawfully harassing, abusive, pornographic
or obscene - contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the
operation of another's computer or property of another
- contain Pirated or Hacking / Phreaking Software
(Warez)- any software that is copyrighted and not
freely available for distribution without cost. ROMs,
ROM Emulators and Mpeg Layer 3 files (MP3) all fall
under this jurisdiction - have Adult Sites (content)
- Any erotic or pornographic material, links to adult
sites, or advertisements of adult sites. If any copyrighted
material including Mpeg layer 3 files (MP3) is uploaded
onto WebWiseWest servers, the hosting account holding
the copyrighted material will be instantly terminated
and the customer may be fined up to £2,000.
Any other content not provided in the list above
that WebWiseWest does not deem to be acceptable for
public viewing.
If any material supplied by a Customer that is incorporated
into a webpage by WebWiseWest and is later found
to be illegally used in any manner, this will be
the sole responsibility of the Customer and the Customer
will be held liable in all respects for all damages
aimed at the Company.
Spamming is prohibited. We will determine in our
sole discretion whether any of the messages you send
are spam. For your information, spamming generally
includes, but is not limited to: - the sending of
unsolicited messages in bulk, or the sending of unsolicited
e-mails, which provoke complaints from recipients
- the sending of junk mail - the use of distribution
lists that include people who have not given specific
permission to be included in such a distribution
process - posting commercial ads to USENET newsgroups
that do not permit it - posting articles containing
binary encoded data to non-binary newsgroups - excessive
and repeated posting of off-topic messages to newsgroups
- excessive and repeated cross-posting - e-mail harassment
of another Internet Customer or Customers, including
but not limited to, transmitting any threatening,
libellous or obscene material, or material of any
nature which could be deemed to be offensive - the
e-mailing of age-inappropriate communications or
content to anyone under the age of 18 - "Spamming" is
considered as explicit misuse of ethical principles
and will be interpreted as a violation of them -
The maximum number of allowed e-mail messages sent
per day is 1500. There are no exceptions to this
rule. Every customer who is sending more than 1500
e-mail messages per day needs express written permission
from WebWiseWest .
WEBSITE DESIGN SERVICES
The Customer’s approval for work to commence shall be deemed a contractual agreement between the Customer and WebWiseWest. Important: Approval for the work to commence and payment of the advance fee indicates that the Customer accepts these terms and conditions.
This Agreement assumes that the Customer
has provided all text in the following format (.txt
on floppy disk, cd rom, e-mail, or ftp retrievable).
All photographs, and other graphics are provided
in high quality print suitable for scanning, or on
floppy disk, cd rom in a gif, jpeg, bmp, png format.
Additional expenses may be incurred, and will be
invoiced accordingly for corrective work, conversion
of media, and outside facility charges. The Customer
will provide all agreed written material, information
and images within the agreed timescale. If the Customer
has failed to provide the information required to
complete the site within the agreed time scale the
invoice for the full amount will still be payable.
The Customer will obtain all the necessary permissions
and authorizations in respect of the use of all copy,
graphic images, registered company logos, names and
trademarks, or any other supplied material. Every
contract for the design shall be regarded as a guarantee
by the Customer to WebWiseWest that all such permissions
and authorizations have been obtained. Evidence may
be requested.
All material supplied by the Customer shall remain
the Customer’s property. Unless otherwise agreed
in writing, any code / documentation written by WebWiseWest
remains the property of WebWiseWest with the provision
of exclusive licence for customer to use such code
for their business / personal use. Customer may not
distribute or pass on the code, documentation, or
parts thereof to others – whether for profit
or not – without written permission from WebWiseWest.
Domain names registered on the Customer’s behalf
are at no time the property of the Customer. Upon
registration of a domain name the customer acquires
the right to use the domain name for the period agreed
but does not hold title to it. Where WebWiseWest
have registered the domain name on the customer’s
behalf this domain name will be registered to WebWiseWest
or its partners. WebWiseWest agree to transfer this
domain to the customer or his/her agent when asked
to do so providing that all accounts have been settled.
A discrete design link credit link to WebWiseWest
will appear at the bottom of each page on the site.
WebWiseWest are not responsible for the Customer’s
on-going web site promotion.
WebWiseWest can make no guarantees about the success
of any search engine promotion activity because this
is controlled by the search engines.
Should the Customer wish to cancel at any point during
the process they shall remain liable for the work
that has taken place and shall be invoiced accordingly.
The price quoted to the Customer is for the work
agreed on the quotation only. Should the Customer
decide that changes are required, as the site is
developed, the cost of any additional work will be
added to the price quoted and this will appear on
the final invoice.
In all cases the design and development process is
treated as an individual project as agreed with the
customer. We will endeavour to meet project deadlines,
but it is the responsibility of the customer to make
clear their needs and requirements and supply relevant
information when required. All projects are allocated
on a time frame basis, and therefore WebWiseWest
cannot be held liable for delays or losses occurring
as a result of lack of information or poor communication
on behalf of the customer. Customer also accepts
that after such project time frame has expired, WebWiseWest
may have other commitments pending which will take
priority, although we will endeavour to complete
at the earliest available opportunity. In the event
that customers requirements change, or are for example
not clearly described, WebWiseWest has the right
to change such project deadline boundaries as it
sees fit.
An initial deposit is required before work can commence.
After work commences this is non-refundable.
Payment is currently accepted only by cheque and
in UK Pounds Sterling, or by PayPal unless otherwise
agreed. If your cheque is returned by the bank as
unpaid for any reason, you will be liable for a "returned
cheque" charge of £25.
Payment will be due as each stage of the project
is completed in accordance with the schedule laid
out in the quotation. Any material previously published
may be removed if payment is not received. When this
occurs a minimum charge of £50 will be required
to have the site restored.
PAYMENT OF ACCOUNTS
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
WebWiseWest reserves the right to terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to WebWiseWest and liable for reasonable interest and collection fees. If the client website, hosting, webpage or secure server form has been removed because of any non-payment then a prepaid charge of £50 is required for any reinstallation
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTEES
Each customer is in charge of all the
products and services as well as of all contents
and materials appearing online, including: - the
accuracy and relevance of Customer Content and content
and material showcased in its store or on its products
- certainty that the Customer Content and content
and materials appearing in its store or on its products
do not violate or infringe upon the rights of any
person - certainty that the Customer Content and
the content and materials appearing in his/her store
or on his/her products are not calumnious or somehow
illegal.
Customer is the only one in charge of approving,
processing and filling customer orders and of taking
care of customer requests or complaints. Customer
is the one in charge of the payment or satisfaction
of any and all taxes related to his/her web site
and online store.
Customer bears the responsibility for ensuring the
security and confidentiality of any customer data
(including, without limitation, customer credit card
numbers) that he/she may receive in connection with
his/her web site or online store.
Each Customer guarantees to WebWiseWest that he/she
owns or possesses the right to use the Customer Content
and its material, including all text, graphics, sound,
music, video, programming, scripts and applets. Each
Customer warrants to WebWiseWest that the use, reproduction,
propagation and transmission of the Customer Content
and any information and materials contained inside
do not, and will not: - infringe or abuse any copyright,
patent, trademark, trade secret or any other proprietary
right of a third party - break any criminal laws
or manifest false advertising, unfair competition,
vilification, privacy intrusion; violate a right
of publicity or violate any other law or regulation.
Each Customer empowers WebWiseWest to reproduce,
copy, use and propagate all and any part of the Customer
Content for ensuring and operating the Services.
WebWiseWest is granted the right to assess the extent
these operations need to be done.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold WebWiseWest harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal / attorney's fees asserted against WebWiseWest, its agents, its customers, officers, employees, and any other businesses WebWiseWest may use in the provision of services that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, and / or customers agents, employees, and customers. Customer agrees to defend, indemnify and hold harmless WebWiseWest against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebWiseWest services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer via WebWiseWest services.
TORTUROUS CONDUCT
Any case of indecent treatment towards a WebWiseWest employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with WebWiseWest employees regarding any requests for help through e-mail. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behaviour will be interpreted as a breach of these Terms and Conditions. Other acts of treatment towards WebWiseWest employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing WebWiseWest or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of these Terms and Conditions. WebWiseWest keeps the right to assess which behaviour will be treated as a breach of this these Terms and Conditions and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
COPYRIGHTS
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
FORCE MAJEURE CIRCUMSTANCES
WebWiseWest will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged. - This Agreement shall be interpreted in consistence with the laws of the country of United Kingdom. - This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in these terms and conditions are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.
DISCLAIMER
WebWiseWest will not be responsible
for any damages your business may suffer. WebWiseWest
makes no warranties of any kind, expressed or implied
for services we provide. WebWiseWest disclaims any
warranty or merchantability or fitness for a particular
purpose for a product or service where no such warranty
is given in writing. This includes loss of data resulting
from delays, non deliveries, wrong delivery, and
any and all service interruptions caused by WebWiseWest,
its employees, other businesses used in provision
of services by WebWiseWest, and the Internet. WebWiseWest
reserves the right to revise its policies at any
time.
Notes:
Should WebWiseWest waive any of these terms on an
individual basis, this shall not affect the validity
of remaining clauses or commit WebWiseWest to waive
the same clause on any other occasion.
By agreeing to these terms and conditions your statutory
rights are not affected.
