- 1. Provision of Service
- 2. Definition and Application
- 3. Contract Period
- 4. The Customer's responsibilities
- 5. Limitation of liability
- 6. Indemnity
- 7. Charges
- 8. Termination of this contract by WUK
- 9. Termination of the contract by the customer
- 10. Force majeure
- 11. Nominet's terms and conditions
1.1 This contract covers the provision of service by Wintech UK Limited (WUK) to the customer. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or WUK for the provision of services to be treated as an estimate only and WUK accepts no liability for any failure to meet it.
1.3 Unless WUK receive a notice in writing from the customer terminating this contract at any time prior to the renewal date, the customer will be deemed to renew the contract at the end of the twelve month period and be subject to the terms and conditions referred to herein.
1.4 WUK reserve the right to alter or amend its terms and conditions by giving seven days’ prior notice to the customer. Notice will be deemed to have been given by WUK by displaying the notice on the web site of WUK which can be found at https://www.w-uk.com/terms.html
1.5 Not withstanding the above, the customer will grant WUK permission to deduct any funds due at the date of renewal from previously supplied credit card information.
“the customer” means the customer with whom WUK makes this contract including a person reasonably appearing to WUK to act with that customer’s authority.
“WWW” means World Wide Web service available on the Internet;
“Domain names” means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of the customer;
“Hosting” means the making available of the customers domain name to the Internet community;
“Co-hosting” means a service whereby the customer co-locates their computer system within the premises of WUK for the purposes of hosting;
“Upload” means transfer computer files to the WUK computer system or customer’s computer system, in the case of a co-hosting service, for publication on the Internet, WWW;
“Commencement date” means the date of WUK’s acceptance of the customer’s order specified on the customer invoice;
“This contract” means the contract between the customer and WUK incorporating these terms and conditions;
“Web site” means the area on WUK’s computer system or customer’s computer system, in the case of a co-hosting service, allocated to the customer for the purpose of this order;
“Renewal Date” means the date of renewal of this contract between the customer and WUK, as defined on the customer invoice;
“Megabyte” means 1,048,576 bytes or characters of information;
“Gigabyte” means 1,073,741,824 bytes or characters of information;
“Illegal” 2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.
4.1 It is the customer’s obligation to ensure that they do not upload a virus to the web space provided by WUK, or onto a customer’s co-hosted server, which could infect the WUK server or the customer’s co-hosted server. The customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a WUK server or a customer’s co-hosted server.
4.2 It is the customer’s obligation to ensure that any material being uploaded is not in breach of copyright. WUK accepts no responsibility for the customer’s actions in either uploading material to the WWW or in the customer’s transferral of any material to other Web sites.
4.3 The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. WUK reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, WUK reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material.
4.4 The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England and Wales.
4.5 The customer agrees to keep secure the login name and password supplied by WUK and not to pass that information to any unauthorised person. In the event of the customer’s login name and password being used by any unauthorised person, WUK accept no responsibility and the customer will be liable for additional charges arising therefrom.
4.6 The customer is only entitled in this contract to transfer a maximum of two Gigabytes of data per month without incurring any additional charges. Any transfer in excess of this figure will result in a charge of £5 per 100 Megabytes or any part of it of data transferred per month. Payment is expected within 7 days. Failure to pay any excess charge will result in termination of this account
4.7 If the contract is terminated for whatever reason, the customer will not be entitled to a refund either pro-rata or at all of the contract price.
4.8 The customer agrees not to perform any action which will result in the reduced performance of the WUK server to the detriment of other users.
4.9 Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
4.10 The customer agrees not to use WUK’s servers or co-hosted servers to send unsolicited or spam e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.
4.11 Not to do any act or omission, the result of which would have the effect of bringing WUK into disrepute.
4.12 The customer agrees to keep their contact details are up to date with WUK.
5.2 In any event and in no circumstance shall WUK be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to the customer.
5.3 In no circumstance shall WUK be liable for any loss whether direct or indirect arising from the content of any information placed by the customer onto the service provider of WUK.
5.4 Under no circumstances shall WUK be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the customer in it’s operation of it’s web site.
5.5 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.
6.2 The customer shall indemnify WUK against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against WUK by a third party which are caused by or arise from any act or default of WUK carried out pursuant to the instructions of the customer.
7.2 All charges of whatever nature in respect of service shall as such be as WUK shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.
7.3 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill.
7.4 Subject to paragraph 9 below, the administration charge referred to therein is payable in full within seven days.
7.5 Should WUK have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all WUK legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
7.6 Any third party costs WUK may incur due to processing the payment for the services will be payable by the customer within seven days.
8.2 Termination of this contract by WUK will result in the retaining by WUK of all monies received from the customer who will not be entitled to a refund of monies paid.
8.3 Upon termination of this contract the customer shall nevertheless remain liable for all charges due or which would have been payable under this contract.
8.4 On termination WUK will remove all materials held on WUK’s computer and remove all privileges entitled to the customer.
8.5 Subject to the discretion of WUK, after termination, if WUK agree that the customer may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.
Wintech UK Ltd, 18 Park Crescent, London, N3 2NJ. In an event of the customer so terminating this contract, the customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively the customer may request the immediate termination of the contract. In either case, the customer will not be entitled to a refund of any monies paid under this contract.
9.2 Not withstanding the above, the customer is entitled to give notice of termination of this agreement within 30 days of the date of commencement of the agreement and receive a refund of monies paid provided that:
(1) The refund of money is limited to customers obtaining a web space account and the registration and hosting of a web address only.
(2) The provision does not apply to existing customers of WUK.
(3) In the event that expenses have been incurred by WUK arising out of the exercise of the 30 day termination, WUK reserve the right to deduct out of pocket expenses from any refund due to the customer.
Please visit Nominet for Terms and Conditions of Domain Name Registration