WWS Webservices General terms and conditions
Server use
WWS Webservices reserves the right to refuse service and/or access to its servers and/or services to anyone.
WWS Webservices does not allow any of the following content to be stored on its servers:
Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Refusal of service based on content matching either of these two criteria is entirely at the discretion of WWS Webservices.
WWS Webservices reserves the right to move your data to a different server with no previous notice.
Support
We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support area on our website. Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the WWS Webservices support website, as are details of any interruptions to our services.
Reselling of Services
All accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
WWS Webservices reserve the right to suspend access to the facilities of the account if a customer's use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts.
Unlimited Use Policy
High bandwidth usage: WWS Webservices offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, WWS Webservices may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at at WWS Webservices' discretion, WWS Webservices reserves the right to impose the High Resource User Policy for the consideration of all customers.
Database Usage
If you exceed the limits on our database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
High Resource User Policy
Resources are defined as bandwidth, processor utilization or disk space.
WWS Webservices may implement the following policy to its sole discretion:
When the resources utilised by a customer in using a service are abnormally high, WWS Webservices reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby WWS Webservices continues supplying the service under a reduced usage criteria specified by WWS Webservices. Failure to comply with such measures may result in your service being terminated.
Uploads via scripting languages
We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
Payment policies
All accounts are set up on a prepay basis. Although WWS Webservices reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
In situations where a card number, cheque or other payment is declined WWS Webservices will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, WWS Webservices reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £35.00 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
Please refer to our Domain Name terms of service for Domain Name specific payment policies.
All payment is in UK sterling. All prices displayed are shown excluding UK VAT.
Your personal details
Please note that whilst your email is primarily used for billing purposes, WWS Webservices reserves the right to email you information about enhancements to our systems and product offerings. You can unsubscribe from marketing communications within your WWS Webservices control panel.
We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that WWS Webservices may use for the purposes of delivering specific services to you (e.g. customer support).
Payment options
In order to streamline our accounting procedures and keep costs down WWS Webservices currently runs a limited number of payment options.
Credit / Debit Cards: WWS Webservices accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo.
Cheque Payment: This option is only available customers who pay annually for their WWS Webservices account. A credit/debit card number may be required if customers require the facility to purchase domains and other services on-line. WWS Webservices cannot guarantee that a service will be provided until after any received cheques and payments have been cleared.
Cancellation and refunds
WWS Webservices reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes WWS Webservices' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time by giving written notice to WWS Webservices. During the initial 30 day trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by WWS Webservices. In addition some accounts incur set-up fees, these charges are also non-refundable.
Domain Purchases cannot be refunded as they allow the purchase of domains, based on an upfront commitment.
Chargebacks
Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold WWS Webservices harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WWS Webservices, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WWS Webservices against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WWS Webservices' server; (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 from WWS Webservices' server.
Disclaimer
WWS Webservices will not be responsible for any damages your business may suffer. WWS Webservices makes no warranties of any kind, expressed or implied for services we provide. WWS Webservices does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, WWS Webservices cannot guarantee to be able to replace lost data. WWS Webservices disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by WWS Webservices and its employees. WWS Webservices reserves the right to revise its policies at any time.
Please note:
by signing up for any of our services you agree to be bound by all WWS Webservices terms and conditions.
OTHER TERMS AND CONDITIONS
Force Majeure.
WWS WEBSERVICES shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
Non-Waiver.
The failure of WWS WEBSERVICES to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by WWS WEBSERVICES of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Survival.
The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
Notice.
You agree that any notice or communications required or permitted to be delivered under this Agreement by WWS WEBSERVICES to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.
Governing Law.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
Legal Fees.
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Assignment.
You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of WWS WEBSERVICES However, in the event that WWS WEBSERVICES consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
Entire Agreement.
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
Amendment in Writing
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of WWS WEBSERVICES
Further Assurances.
The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties
. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations.
If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries.
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. WWS WEBSERVICES will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of WWS WEBSERVICES as reflected in the original provision.
Please note:
By signing up for any of our services you agree to be bound by all WWS Webservices terms and conditions.
