These Terms of Services were last revised on February 7th, 2019. Please, visit this page regularly as we update them from time to time.
c. Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.
1. Your use of the Website
1.1 You shall not use the Website for, or send to the Website, anything which, in any way:
1.1.1 is not in our best interests;
1.1.2 involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
1.1.3 is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;
1.1.4 is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;
1.1.5 is misrepresentative or impersonates another person or organisation;
1.1.6 is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e. drugs, weapons, fraudulent documents or counterfeit money;
1.1.7 is not accurate or outdated; or
1.2 If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable license to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
1.3 We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
1.4 You shall comply at all times with our instructions for use of the Website.
2. Availability, accuracy and security of the Website
2.1 The Website is made available free of charge.
2.2 The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
2.3 From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality. We will use our reasonable endeavors to make the Website available 24 hours a day. Subject to section 3 below, we shall not have any liability if the Website is unavailable for any period or at any time.
2.4 Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
2.5 We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
2.6 We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
2.7 It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website, and, subject to section 3 below, we shall not have any liability for any damage caused to, or viruses or other information which may affect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
2.8 Subject to section 3 below, we shall not have any liability for the actions of third parties.
3.1 We shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):
3.1.1 in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
3.1.2 arising from any action or decision taken as a result of using the Website or any such material;
for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 3.1.2 apply whether such losses are direct, indirect, consequential or otherwise.
3.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
4. Intellectual Property
4.1 Unless otherwise stated, we are the owner or licensee of all intellectual property rights in the Website and in the material published on it. The copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
4.1.1 your use of the Website and any Materials is for your internal, personal, private use only;
4.1.2 except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
4.1.3 you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
4.1.4 except as we expressly permit, you must not in any way modify any Materials on the Website;
4.1.5 our copyright notice (e.g. © WevrLabs™) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
4.1.6 when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
5. Your account and login details
5.1 You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number and your chosen username and password; please see our Privacy and Cookies Policy for more details about this.
5.2 When you choose a username, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.3 You should not choose a password which can be guessed easily.
5.4 If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.
5.5 You shall be responsible for all use of the Website or services, that are made under your login details. If web hosting, cloud hosting, VPS/Dedicated server, or any other service security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and WevrLabs™ Fair Use Policy (FUP), including SPAM, and all disconnect and reconnect fees associated with the violations.
5.6 We will not be held accountable for any damages or losses that may arise as a result of unauthorized access to your account and related services due to your incompetence in securing your account login details.
5.7 We may require that you change your password from time to time.
6. Third party websites
6.1 We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to section 3 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.
6.2 Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
6.3 We hereby grant to you a royalty-free, non-exclusive, revocable license to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
6.3.1 you shall not establish a link to the Website on any website that is not owned by you;
6.3.2 you shall not say anything that is false, misleading, derogatory or offensive about us or our services;
6.3.3 you shall not make any warranties or representation about us or our services without our prior written consent;
6.3.4 you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
6.3.5 you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph 6.3.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.
6.4 We reserve the right to withdraw this linking permission without notice.
7. MODIFICATIONS AND INTERRUPTIONS
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
8.1 We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
This section was last revised: February 7th, 2019
a. Please read these General Terms (and any relevant Schedules, as defined below) carefully as they contain important information about your rights and obligations.
b. We recommend that you keep a copy of these General Terms (and any relevant Schedules) and that you print out these General Terms (and any relevant Schedules) from the Website (as defined below) by clicking on the “Print” icon on your browser so that you can keep them for future reference.
1. ABOUT US AND THESE GENERAL TERMS:
1.1 About us: “We”, “us” or “our” means WevrLabs™.
1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the wevrlabs.net website (the “Website”), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).
1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.
1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.
1.5 Definitions and interpretation: In this Agreement:
1.5.1 the following terms shall have the following meanings:
has the meaning given to it in Clause 4.1;
the legal and binding agreement that is in place, on the basis of these General Terms and the relevant Schedule(s), for us to provide certain services to you once you have submitted to us an Order and we have issued to you an Order Acceptance. If you make more than one Order, each Order shall, if subject to an Order Acceptance, constitute a separate “Agreement”;
18.104.22.168 “Breach of Duty”
the breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
22.214.171.124 “Business Customer”
you are a business customer if you enter into the Agreement and you are not a Consumer;
126.96.36.199 “Business Day”
any day other than: (i) a Friday; (ii) a Saturday; (iii) a Sunday; or (iv) a day when the clearing banks are not physically open for business;
188.8.131.52 “Business Hours”
9.00am to 5.00pm on Business Days;
184.108.40.206 “Confidential Information”
any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to this Agreement which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of this Agreement, together with any reproductions of such information or any part of it;
you are a consumer if, in entering into this Agreement, you are an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession;
the fees payable by you to us for our provision to you of the Services, as set out in each Schedule for each relevant Service, and otherwise on the Website at the time that you submit your Order to us and confirmed in the Order Acceptance;
220.127.116.11 “Intellectual Property Rights”
copyright and related rights, trademarks and service marks, trade names and domain names, rights under licenses, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
liability in or for breach of contract, Breach of Duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and, for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract);
material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website’s “look and feel”, content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);
the order submitted by you through the Website for the receipt of certain services from us;
18.104.22.168 “Order Acceptance”
our written communication to you in which we accept your Order in accordance with Clause 5.8;
22.214.171.124 “Order Acknowledgement”
our acknowledgement of your Order;
either us or you, and “Parties” shall mean both of us and you;
a schedule containing a specific description of particular Services to be provided by us to you;
the services and online products that we provide to you under this Agreement, some of which may be more particularly described in the relevant Schedule(s);
126.96.36.199 “Support Services”
has the meaning given to it in Clause 8.1;
188.8.131.52 “Terms and Conditions”
these General Terms and the Schedules; and
184.108.40.206 “you” or “your”
our customer who registered for an account on the Website to submit an order to us for the receipt of services from us;
1.5.2 references to “Clauses” are to clauses of these General Terms;
1.5.3 references to “Paragraphs” are to paragraphs in a Schedule;
1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;
1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;
1.5.6 reference to “written” or in “writing” includes the electronic form;
1.5.7 references to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and
1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
2. AGE RESTRICTION
2.1 By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.
3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.
3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.
3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.
3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:
3.5.1 the Order Acceptance prevails over
3.5.2 these General Terms, which prevail over
3.5.3 the Schedules.
4 REGISTRATION FOR AN ACCOUNT
4.1 Need for an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the “My Account” part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you (“Account”). You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.
4.2 If you have an Account: If you already have an Account, you can login to your Account to submit an Order.
4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy and Cookies Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.
4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorized use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.
4.5 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, it will be the official form of communication with you, when we send administration and information emails to you. Any Account registered with another person’s email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.
4.6 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.
5. PLACING AN ORDER AND FORMING AN AGREEMENT
5.1 Registration: Once you have registered for an Account, you will be able to place an Order.
5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.
5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be given an opportunity to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force (i.e. currently US Dollars).
5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. You must pay the Fees by the specified payment gateways on the order page, and you must agree to the terms and conditions of these payment gateways in order to continue. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.
5.5 Having sufficient funds: PayPal will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.
5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as at the date on which you submit your Order. It is your responsibility to review the latest General Terms and the relevant Schedules each time you submit an Order.
5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.
5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.
5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.
5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.
5.11 Mistakes in your Order: If, after submitting your Order, you realize that you have made a mistake in your Order, please contact us as soon as possible using the support ticketing system available through your Account.
6. PROVISION OF THE SERVICES
6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.
6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.
6.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement. We warrant that:
6.3.1 we shall use our reasonable skill and care in providing the Services;
6.3.2 our employees, agents and subcontractors have the necessary skill to provide any Services;
6.3.3 any Services will be provided in a professional, competent and workmanlike manner;
6.3.4 we have all necessary consents, rights and permission to enter into, and perform our obligations under, this Agreement; and
6.3.5 we shall comply with all applicable laws, statutes, regulations and bye-laws in relation to the exercise of our rights and performance of our obligations under this Agreement.
6.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.
6.5 “Unlimited” or “Unmetered” features: Where we say, in this Agreement or on the Website generally, that features of the Services are “unlimited”/”unmetered”, that is always subject to:
6.5.1 fair use;
6.5.2 your use of the Services for what a reasonable person might consider to be the provision of a publicly available website;
6.5.3 Clause 7.12; and
6.5.4 your compliance with Clauses 7.2.11(e), 7.8, 7.10 and 7.11.
6.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorized access, or that they will meet your individual requirements. Whilst we use our reasonable endeavors to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavors to ensure at least a 99.9% uptime Services availability level.
6.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.
6.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.
6.9 Timescales: We shall use our reasonable endeavors to perform our obligations under this Agreement within any timescales set out in this Agreement. However, (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:
6.9.1 if we have used those endeavors; or
6.9.2 if caused by any failure or delay on your part or by any breach by you of this Agreement or any other agreement between us and you.
If there is any slippage in time, we shall use our reasonable endeavors to reschedule delayed tasks to a mutually convenient time.
6.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.
6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.
6.12 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you (subject always to our Privacy and Cookies Policy).
6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.
6.14 Third-party access: You acknowledge that the servers used in the provision of the Services (including virtual private services (known as VPS servers) and physical private servers (known as dedicated servers)) may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.
6.15 Servers: We may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third-party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:
6.15.1 move the hosting of the Services (and any Material) to such servers (both internal and external) as we consider appropriate, at our absolute discretion; and
6.15.2 provide reasonable additional obligations or requirements on you or reasonably restrict your rights due to the requirements of the third-party suppliers.
7. YOUR OBLIGATIONS
7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
7.2 Your responsibilities: You must:
7.2.1 cooperate with us;
7.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
7.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
7.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
7.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
7.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorized third-party becomes aware of your password or if you become aware of unauthorized use of your password or there is any other breach of security known or suspected by you;
7.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
7.2.8 license and configure any third-party hardware and/or software necessary for you to remotely access and use the servers we use in the provision of the Services;
7.2.9 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
7.2.10 ensure that all Material is suitable and prepared for use in conjunction with the Services;
7.2.11 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material, in addition to complying with our Acceptable Use Policy, also:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third-party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have “unlimited”/”unmetered” elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user’s use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
(j) does not permit self-stored backups, or the storage of media content such as video, gaming or other (at the discretion of management)
(k) does not permit storage of archive files, such as .zip or .tar.gz. It is within our discretion on maintenance / cleanup tasks to remove these files when necessary.
(l) does not permit the usage of teamspeak, or any other services making use of the hosting account solely for the purpose of gaming, chatbots, irc or chat rooms. This includes the use of the server solely for the purpose of remote mysql for such services.
7.2.12 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
7.2.13 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
7.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
7.3.2 use or access the Website and/or the Services in contravention of any applicable law.
7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
7.5 Backups: You are responsible for keeping regular and full backups of all Material. Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material. Accounts are excluded from our backup schedule on the basis that they exceed 3GB in storage space. This is to ensure the backup process isn’t over-consuming load and not to impact performance of a web server. If an account exceeds this limit, it is your responsibility to contact customer support to request an ‘include’ privilege.
7.6 Indemnity as to Material: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. This indemnity shall apply whether or not you have been negligent or at fault.
7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
7.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:
7.9.1 contact you requiring you to reduce that usage; and/or
7.9.2 in respect of mailboxes, empty your spam/junk/deleted items folder, provided we inform you by email seven days in advance.
7.10 Peer-to-peer media (including files) sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your website (in respect of which you use the Services):
7.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
7.12.2 contains malware;
7.12.3 is attacked (including by a denial of service attack); and/or
7.12.4 is badly coded.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers’ use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account.
7.13 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.
8. SUPPORT SERVICES
8.1 What we provide: We shall use our reasonable endeavors to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries (“Support Services”). We shall use our reasonable endeavors to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third-party that assists us with the provision of the Support Services.
8.2 Exclusions: The following are expressly excluded from the Support Services:
8.2.1 technical support for scripts (such as WordPress, themes, CMS, addons);
8.2.2 rectification of lost or corrupted Material;
8.2.3 rectification of any failure by you to take appropriate backups;
8.2.4 resolving faults or defects that arise as a result of your failure to comply with this Agreement or any other agreement between you and us; and
8.2.5 changing or updating in any way the content of any website that is the subject of this Agreement.
8.3 We may provide any of the excluded services listed in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for our provision of any of those excluded services to you.
8.4 Charges: We provide the Support Services with every Agreement as an inclusive part of the Services, at no extra charge.
8.5 You are solely liable for performing and storing a backup copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by WevrLabs™. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data.
8.6 You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. WevrLabs™ has the sole right to decide what constitutes abuse of the HelpDesk system.
8.7 VPS and Dedicated Server Support: Please be aware that we are under no obligation to provide any technical support for VPS/Dedicated Server Services, including but not limited to, incompetence or lack of knowledge of server management, software install, software update, .. etc. You are the sole responsible for backing up, maintenance, and the proper operation of your server.
9. RESALE OF THIRD-PARTY SOFTWARE AND SERVICES
9.1 Third-parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third-party, you purchase a license to use that software and those services/products from the relevant third-party, and you do so subject to the relevant third-party’s software license and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third-party’s license and/or Terms and Conditions, and you acknowledge that the third-party is able to terminate any license and/or provision of services/products at any time. In such cases, no refunds shall be made
9.2 Cost: The Fees for your purchase of a license to third-party software and/or third-party services/products are dependent on the relevant third-party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the license and/or the services/products is at the absolute discretion of the third-party.
9.3 Support: We are under no obligation to provide Support Services in respect of third-party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third-party providing appropriate support to us.
9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for the actions of third-party software and service/product providers, the software they license, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.
10.2 Invoicing and payment: Fees will be payable by you in advance, depending on your plan billing cycle, and we will invoice you accordingly for the Fees payable.
10.3 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 7 days of us having sent that reminder to you, we will cancel this Agreement, cease to provide the Services, in addition to apply a 5% of the total invoice amount to the final total due as a late fee, without notice to you, in order to reinstate suspended services. It is your responsibility to make sure that any payment details you have provided to PayPal and the contact details you have provided to us via your Account are correct and up-to-date at all times. We are not responsible for any damage or data loss as a consequence of late payments.
10.4 Increase in Fees: We may increase any Fees at any time on notice to you of 7 days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.
10.5 VAT: The price of the Services listed on the Website excludes VAT, however you will be charged VAT at the checkout page. If your use of the Services is for business purposes and your business is located in a country in the European Union, it is your responsibility to assess and submit VAT to the appropriate authority.
11. DATA PROTECTION
Please see our Privacy and Cookies Policy which are part of these Terms of Service.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 What we own: You acknowledge that we own:
12.1.1 all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with them; and
12.1.2 any IP address allocated to you as part of the Services, and such IP address is not portable or transferrable to another hosting provider at any time, including in the event that this Agreement is terminated. We grant to you a non-exclusive license to use the Services and any such IP address to the extent necessary for you to receive the provision of the Services from us.
12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant to us a non-exclusive license to use that Material to the extent necessary for us to provide the Services to you.
13. YOUR RIGHTS TO END THIS AGREEMENT
13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):
13.1.1 if the Services are faulty or misdescribed you may have a legal right to end this Agreement (or to get the relevant Services re-performed or to get some or all of your money back), see Clause 16;
13.1.2 if you want to end this Agreement because of something we have done or have told you we are going to do, see Clause 13.2;
13.1.3 if you have just changed your mind about the Services, see Clause 13.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
13.1.4 in all other cases (if we are not at fault and there is no right to change your mind), see Clause 13.4.
13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or cancelling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided. The reasons are:
13.2.1 we have told you about an upcoming change to the Services, these General Terms (or a Schedule) or the Fees which you do not agree to (see Clauses 1.3, 6.7 and 10.3);
13.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
13.2.3 there is a risk that supply of the Services may be significantly delayed because of an Event Outside Our Control;
13.2.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
13.2.5 you have a legal right to end this Agreement (or cancel that Service) because of something we have done wrong.
13.3 Exercising your right to change your mind if you are a Consumer: If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.
13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent agreed to by you.
14. HOW TO END THIS AGREEMENT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
14.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:
14.1.1 Ticketing system: Contact us through the support ticketing system available through your Account. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14.1.2 By email: Simply write an email to us at the address “[email protected]” including the information required in the Cancellation Form.
14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment. Refunds shall not be made in case it’s been more than 30 days of Order Acceptance at the time you notify us of your intention of cancellation.
14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.
15. OUR RIGHTS TO END THIS AGREEMENT
15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days’ notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.
15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:
15.2.1 do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
15.2.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
15.2.3 are in breach of any of your obligations under this Agreement;
15.2.4 are unable to pay your debts when they fall due;
15.2.5 have a petition for administration or winding up proceedings;
15.2.6 have a receiver or manager appointed over any of your property or assets;
15.2.7 are the subject of a bankruptcy petition;
15.2.8 enter into any composition with creditors generally; and/or
15.2.9 take or suffer any steps preparatory to the situations set out in Clauses 15.2.4 to 15.2.8, or if any distress or execution is levied or threatened on any of your property or assets.
15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.
15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.
16. IF THERE IS A PROBLEM WITH THE SERVICES
16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account, or email us at the address “[email protected]”.
17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:
17.1.1 all relevant Material will be automatically deleted from our servers and, as is the case through the term of any Agreement in accordance with Clause 7.5, you are responsible for taking appropriate backups of such data and material at all times;
17.1.2 we will cease to provide any relevant Services to you; and
17.1.3 the accrued rights, remedies, obligations and liabilities of us and you as at cancellation or termination shall not be affected, including the right to claim damages for any breach of this Agreement which existed at or before the date of cancellation or termination.
17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
17.3 Cancellation within 30 days: You may cancel some of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:
17.3.1 all monthly billed Services, VPS server, domain name, or SSL certificate that has been issued to you; and/or
17.4 Domain name fees: Please note that domain name registration fees that you pay to us are not refundable and the domain name will remain registered for the duration of the registration term. Once this term has expired, unless you have renewed the term, the domain name will expire. Please see the Schedule on Domain Registration Services for more information.
17.5 SSL Certificate fees: Please note that SSL Certificate fees that you pay to us are not refundable and the SSL Certificate will remain issued for the duration of the SSL Certificate term. Please see the Schedule on SSL Certificate Services for more information.
17.6 Software Licenses: Please note that Software Licenses fees that you pay to us are not refundable and the license will remain issued for the duration of the license term.
18. LIMITATION OF LIABILITY IF YOU ARE A CONSUMER
18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.
18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).
18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:
18.3.1 our fraud; or
18.3.2 death or personal injury caused by our Breach of Duty; or
18.3.3 any breach of the obligations implied by any other Liability which cannot be excluded or limited by applicable law.
18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER
19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.
19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:
19.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or
19.2.2 otherwise in relation to this Agreement or entering into this Agreement.
19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:
19.3.1 our fraud; or
19.3.2 death or personal injury caused by our Breach of Duty; or
19.3.3 any breach of the obligations implied by any other Liability which cannot be excluded or limited by applicable law.
19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.
19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:
19.5.1 indirect or consequential losses, damages, costs or expenses;
19.5.2 loss of actual or anticipated profits;
19.5.3 loss of contracts;
19.5.4 loss of use of money;
19.5.5 loss of anticipated savings;
19.5.6 loss of revenue;
19.5.7 loss of goodwill;
19.5.8 loss of reputation;
19.5.9 loss of business;
19.5.10 ex gratia payments;
19.5.11 loss of operation time;
19.5.12 loss of opportunity;
19.5.13 loss caused by the diminution in value of any asset; or
19.5.14 loss of, damage to, or corruption of, data;
whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.
19.6 The limitation: Subject to Clause 19.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:
19.6.1 110% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose.
19.7 The effect of the limitation: The limitation of Liability under Clause 19.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
19.8 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third-party.
20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.
20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be addressed (as applicable) to us at our email address “[email protected]” or addressed to you at the primary email address associated with your Account.
20.3 When a notice is considered delivered: All email notices shall be deemed to have been received upon the sending of them.
21. EVENTS OUTSIDE OUR CONTROL
21.1 No liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
21.2 Meaning of an Event Outside Our Control: An “Event Outside Our Control” means any act or event beyond our reasonable control, including issues our third-party providers incur, strikes, lock-outs or other industrial action by third-parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
21.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
21.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.
21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.
22. RETENTION OF RECORDS
22.1 We shall keep a record of your Order and this Agreement until one year after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.
23.1 We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20).
23.2 Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.
24.1 Third-party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.
24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organization, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.
24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.
This section was last revised: February 7th, 2019
a. This is a Schedule to the General Terms of WevrLabs™. This Schedule applies to the Hosting Services defined below, and as stipulated in an Order.
b. Unless the context otherwise requires, the definitions used in the General Terms apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.
1.1 In this Schedule, the following terms shall have the following meanings:
1.1.1 “Hosting Services”
the hosting services that we provide to our customers that have entered into a relevant agreement with us, the specification of which is as listed and updated on the Website from time to time (and which may include the standard “Cloud Hosting” services and, if you require a higher performance, the “Business Hosting” services);
1.1.2 “Hosting Services Fees”
the fees payable to us by you for our provision to you of the Hosting Services;
1.1.3 “Reseller Hosting Services”
the hosting services that we provide to our customers with permission for those customers to sell those hosting services to third-parties as a reseller, the specification of which is as listed and updated on the Website from time to time; and
1.1.4 “Reseller Hosting Services Fees”
the fees payable to us by you for our provision to you of the Reseller Hosting Services.
2. Hosting Services
2.1 Domain name: We do not provide any free domains upon registration for our Hosting Services; if you would like a domain name, you will be responsible for any payable registration fees. If you already have a host but want to benefit from our cloud hosting platform, you can ask us to migrate your domain and website to our platform.
2.2 Domain name registration period: Domain names registered under the Hosting Services will be registered for a period of 12 months unless we inform you otherwise.
2.3 Costs in respect of domain names: Where you register a domain name in accordance with Paragraph 2.1, if you terminate the Hosting Services to which that domain name relates within the initial registration period of the domain, you will be responsible to pay to us the registration fees, where such fees are listed on the Website and updated from time to time. We reserve the right to require full payment of such fees to us prior to us releasing or migrating the domain name to a third-party host.
2.4 Domain Registration Services Schedule: All of this Paragraph 2 is subject to the Domain Registration Services terms.
2.5 Email traffic: Where the Services allocate any email account to you, we do not warrant that any email sent to that email account will be received by you nor that any email sent by you from that account will be delivered to any intended recipient. You acknowledge that we use incoming and outgoing email “spam” filtering for security purposes and such filtering may, in some cases, prevent email from being received by or sent from such email account. There is no facility to disable such filtering, and the thresholds of such are entirely at our discretion.
3. HOSTING SERVICES FEES
3.1 The Hosting Services Fees: The Hosting Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
3.2 Payment: All payments of the Hosting Services Fees shall be made by you in accordance with the General Terms unless expressly agreed between the Parties in writing.
3.3 Refund: If you are not completely happy with our provision of the Hosting Services within the first 30 days of the Order Acceptance, then you can cancel this Agreement and we will refund in full any Hosting Services Fees that you have paid to us.
4. RESELLER HOSTING SERVICES FEES
4.1 The Reseller Hosting Services Fees: The Reseller Hosting Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
4.2 Refund: If you are not completely happy with our provision of the Reseller Hosting Services within the first 30 days of the Order Acceptance, then you can cancel this Agreement and we will refund in full any Reseller Hosting Services Fees that you have paid to us.
5.1 Term of this Schedule: This Schedule shall commence on the date of the relevant Order Acceptance and shall continue in full force and effect until terminated in accordance with the General Terms.
This section was last revised: February 7th, 2019
This is a Schedule to the General Terms of WevrLabs™. This Schedule applies to the Dedicated Server Services and the VPS Services defined below, and as stipulated in an Order.
Unless the context otherwise requires, the definitions used in the General Terms apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.
In this Schedule, the following terms shall have the following meanings:
“Dedicated Server Services“
the services that we provide to our customers by which we make available a physical private server running on a single computer (known as a “Dedicated Server”), the specification of which is as listed and updated on the Website from time to time;
“Dedicated Server Services Fees“
the fees payable to us by you for our provision to you of the Dedicated Server Services;
the services that we provide to our customers by which we make available a virtual private server (known as a “VPS”, “Hybrid VPS” or “Hybrid Server”) which effectively provides to the customer access to certain limited server function via a virtual computer that has been partitioned, the specification of which is as listed and updated on the Website from time to time; and
“VPS Services Fees“
the fees payable to us by you for our provision to you of the VPS Services.
2. DEDICATED SERVER SERVICES FEES
2.1 The Dedicated Server Services Fees: The Dedicated Server Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
2.2 Refund: All of the Dedicated Server Services fees are deemed final and non-refundable.
3. VPS SERVICES FEES
3.1 The VPS Services Fees: The VPS Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
3.2 Refund: All of the VPS Services fees are deemed final and non-refundable.
4.1 Term of this Schedule: This Schedule shall commence on the date of the relevant Order Acceptance and shall continue in full force and effect until terminated in accordance with the General Terms.
This section was last revised: February 7th, 2019
This is a Schedule to the General Terms of WevrLabs™. This Schedule applies to the Domain Registration Services defined below, and as stipulated in an Order.
Unless the context otherwise requires, the definitions used in the General Terms apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.
1.1 “Domain Registration Services”
the services that we provide to our customers by which we arrange for the registration of domain names, and ancillary services, the specification of which is as listed and updated on the Website from time to time; and
1.2 “Domain Registration Services Fees”
the fees payable to us by you for our provision to you of the Domain Registration Services.
2. WHAT WE DO
2.1 No warranty: We are a registrar of eNom (enom.com), and use several other third-parties to register domain names for us – we are a reseller of their services. If we provide Domain Registration Services, we do not warrant that:
2.1.1 the domain names requested will be accepted for registration, transfer or renewal (as appropriate) by the relevant registrar; or
2.1.2 any registration, transfer or renewal will be successful.
Domain Registration Services are restricted to our forwarding of your registration, renewal or transfer request to the relevant registry for that domain name. Subject to Clause 18.3 of the General Terms or Clause 19.3 of the General Terms (as applicable), we shall have no Liability for (i) any failure in the registration, transfer or renewal of any domain name, (ii) if any domain name chosen by you infringes the Intellectual Property Rights, or any other rights, of any third-party, and/or (iii) for any other issue arising out of any domain name that is outside of our direct control.
2.2 Domain name registries: The registration of the domain name that you choose, and the ongoing use of that domain name, shall be subject to the relevant domain name registry’s, and ICANN’s terms and conditions from time to time, and, in submitting an application for registration, you agree that you have requested, considered and accepted those terms and conditions.
2.3 Domain name charges: If any charges apply to the registration of a domain name that you have chosen, you will be informed of those charges during the Order process prior to submission.
2.4 Cancellation or suspension by us: We reserve the right to suspend or cancel any application for registration of a domain name or refuse to host any domain name if you are, or we reasonably believe that you are, in breach of this Agreement.
2.5 Renewals: You are responsible to ensure that any domain names that you register as part of the Services are renewed when necessary and all relevant renewal fees are paid. We will inform you that a renewal date is impending at least thirty days before the domain name is due for renewal, however it is your responsibility to:
2.5.1 stay up-to-date with any domain name registrations provided as part of the Services to ensure they are renewed if so desired;
2.5.2 ensure that any monies that we, or any registrar, hold on your behalf are allocated to domain name renewal if that is your preference; we, and any domain name registrar, will not allocate any monies held for you to domain name renewal unless you clearly instruct otherwise; and
2.5.3 stay updated as to whether any domain name renewal is successful, and inform us promptly if a renewal is unsuccessful.
Subject to Clause 18.3 of the General Terms or Clause 19.3 of the General Terms (as applicable), we shall have no Liability for any failure in the renewal of any domain name registration.
2.6 Domain names that are not renewed: If you request that you no longer wish to have your domain name renewed or the relevant domain name registry has not received all relevant renewal fees to process that renewal (whether directly from you or through us), that domain name will expire and any Domain Name Services that we provide applicable to that domain name will be suspended. Your domain name will then go into a protected period, after which your domain name will be suspended by the domain name registry and will go into a grace period. Please contact us for more information on the protected period and grace period for your domain name, as these differ from domain name registry to domain name registry. If you do change your mind and still wish to renew your domain name within the grace period, you still can but you may be charged additional fees as set out by the domain name registry. Any such additional fees will be passed on to you, and all outstanding fees (including all relevant renewal fees) will need to be settled in full before the renewal of your domain name. After the grace period your domain name will be cancelled and deleted from the register and made available for resale through a third-party registrar. We cannot guarantee the renewal of a domain name after the grace period expires. Subject to Clause 18.3 of the General Terms or Clause 19.3 of the General Terms (as applicable), we shall have no Liability for any failure by you to act in a timely manner to make arrangements with us to redeem any domain name registration within the grace period, or for any subsequent failure of the domain name to be renewed.
2.7 Rights to the domain name: By submitting an Order in respect of a specific domain name, you warrant that you have the right to use that domain name.
2.8 Service level agreement: We commit to acknowledging all requests for Support Services in relation to Domain Registration Services within three Business Days from when the request for Support Services was made. We aim to resolve any request for Support Services in relation to Domain Registration Services within five Business Days from the time of acknowledgement, although we cannot guarantee any particular result or outcome nor within any particular time.
2.9 No cancellation: In accordance with Clause 13.3 and 17.3 of the General Terms, you acknowledge that domain names cannot be cancelled once registered, and no refund is available.
3. DOMAIN REGISTRATION SERVICES FEES
3.1 Domain Registration Services Fees: The Domain Registration Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
This section was last revised: February 7th, 2019
a. This is a Schedule to the General Terms of WevrLabs™. This Schedule applies to the SSL Certificate Services defined below, and as stipulated in an Order.
b. Unless the context otherwise requires, the definitions used in the General Terms apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.
In this Schedule, the following terms shall have the following meanings:
“SSL Certificate Services”
the services that we provide to our customers by which we make available a Secure Sockets Layer certificate (known as an “SSL Certificate”) which may be used to facilitate an encrypted link between the providers of a resource or service and the service requestors; and
“SSL Certificate Services Fees”
the fees payable to us by you for our provision to you of the SSL Certificate Services.
2. SSL CERTIFICATE SERVICES FEES
The SSL Certificate Services Fees are as set out on the Website at the time that you submit your Order, subject to Clause 10.3 of the General Terms.
3. SSL CERTIFICATE SERVICES
3.1 No warranty: We use several third-party Certification Authorities to issue SSL Certificates (the “SSL Certificate Certification Authority”) for us. We do not warrant that:
3.1.1 an order for issue or renewal of a SSL Certificate will be accepted by the relevant SSL Certificate Certification Authority; or
3.1.2 any attempt to issue or renew an SSL certificate will be successful;
and, subject to Clause 18.3 of the General Terms or Clause 19.3 of the General Terms (as applicable), we shall have no Liability if any SSL Certificate chosen by you infringes the Intellectual Property Rights, or any other rights, of any third-party, or is used improperly when facilitating an encrypted link between the providers of a resource or service and the service requestors.
3.2 Third-party warranty: Any warranty offered by the SSL Certificate Certification Authority as part of the SSL Certificate shall be the sole responsibility of the said SSL Certificate Certification Authority and shall not be interpreted as a warranty offered by us.
3.3 We are resellers: We resell the SSL Certificate Services to you. We use a third-party provider to provide the SSL Certificate Services, and, if you submit an Order for the SSL Certificate Services, you agree to the third-party’s terms and conditions, which are available at https://www.thesslstore.com/termsandconditions.aspx.
3.4 Renewals: You are responsible to ensure that any SSL Certificates that are issued as part of the Services are renewed when necessary and all relevant renewal fees are paid. Subject to Clause 18.3 of the General Terms or Clause 19.3 of the General Terms (as applicable), we shall have no Liability for any failure by you to renew any SSL Certificate.
3.5 Authentication of SSL Certificates: When you apply for the SSL Certificate and place your Order, the Website will inform you whether you are applying for a fully-authenticated certificate or not:
3.5.1 fully-authenticated certificates are issued to devices to provide:
(b) message, software, and content integrity; and
(c) confidentiality encryption;
and to provide assurances of identity and entitlement to use any domain name listed in the relevant certificate application; and
3.5.2 certificates that are not fully-authenticated are issued to devices to provide:
(a) validation of the domain;
(b) message, software, and content integrity; and
(c) confidentiality encryption;
and to provide assurances of the validity of the domain and that the domain administrator has authorized the relevant certificate Application. No organization authentication is performed on the owner of the domain.
3.6 What you cannot use the SSL Certificate for: You shall not use your SSL Certificate:
3.6.1 for or on behalf of any other organization;
3.6.2 to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your certificate application;
3.6.3 for illegal or unauthorized purposes;
3.6.4 on more than one physical server or device at a time (unless expressly permitted by us in writing); or
3.6.5 for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.
3.7 Revocation: We retain the right to revoke your SSL Certificate at any time without notice if:
3.7.1 we are required to do so by the relevant Certification Authorities or any third-party on behalf of which we reseller the SSL Certificate Services;
3.7.2 we discover that the information within your SSL Certificate is no longer valid;
3.7.3 you fail to perform your obligations under the terms of this Agreement; or
3.7.4 at our absolute discretion, we consider that you have engaged in activities which are harmful.
4.1 Term of this Schedule: This Schedule shall commence on the date of the relevant Order Acceptance and the SSL Certificate shall be valid for its applicable validity period unless earlier revoked pursuant to this Schedule.
4.2 No cancellation: In accordance with Clause 13.3 and 17.3 of the General Terms, you acknowledge that SSL Certificates cannot be cancelled once issued, and no refund is available.
This section was last revised: February 7th, 2019
1. Prohibited Activities
1.1 By using any Services, provided by WevrLabs™ You agree:
1.1.1 not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
1.1.2 not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
1.1.3 not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
1.1.4 not to make, attempt or allow any unauthorized access to WevrLabs™ website, servers, your own hosting account or the account of any other customers of WevrLabs™.
1.1.5 not to allow any remote code execution of malicious software through the hosting account provided by WevrLabs™.
1.1.6 not to cause denial of service attacks, port scans or other endangering and invasive procedures against WevrLabs™ servers and facilities or the servers and facilities of other network hosts or Internet users.
1.1.7 not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
1.1.8 not to use WevrLabs™ services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
1.1.9 not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
1.1.10 not to engage in or to instigate actions that cause harm to WevrLabs™ or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. WevrLabs™ reserves the right to refuse service to anyone upon Our discretion. Any material that in WevrLabs™ judgment, is either obscene or threatening is strictly prohibited and will be removed from WevrLabs™ servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, WevrLabs™ will take corrective action upon our own discretion and will notify You. WevrLabs™ decision in such case is binding and final, and cannot be a subject of a further change. WevrLabs™ cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to WevrLabs™ or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. WevrLabs™ will not be liable for any loss or damages in such cases.
1.1.11 not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
1.2 At its discretion, WevrLabs™ can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
2. Anti-spam Policy
2.1 You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to WevrLabs™. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. WevrLabs™ prohibits the following activities listed without limitation hereunder:
2.1.1 Usage of the WevrLabs™ network and systems to receive replies to unsolicited mass email messages.
2.1.2 Forgery of email headers (i.e.”spoofing”).
2.1.3 Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
2.1.4 Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
2.1.5 Hosting web pages advertised via “spam email” sent from another network (“spamvertising”).
2.1.6 Hosting any web pages or providing any services that support spam.
2.1.7 Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
2.1.8 Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
2.2 If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion.
2.3 The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services.
2.4 You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
2.5 We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
3. Disk Usage:
3.1 Downloadable files, media, databases must comply with the following limitations:
3.1.1 A maximum of 5GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
3.1.2 A maximum of 5GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
3.1.3 A maximum of 1GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
3.1.4 A maximum of 10GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
3.2 Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
3.3 Under its sole discretion, WevrLabs™ reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with WevrLabs™ and shall be made in its reasonable discretion.
4. Resources Usage:
4.1 For Cloud Hosting:
4.1.1 Our Cloud Hosting plans are designed for small business or personal use. It’s appropriate for the majority of users and we see very few people abusing it. These plans are not suitable for storage of private files or file sharing or for users attempting to resell or host large numbers of websites.
4.1.2 Heavy resources users, in terms of disk space, bandwidth, CPU and memory will be suspended so not to interrupt normal operation of the server and affect other users and websites, until the fixing of problems and restore their accounts to normal operation. Abusers will be suspended to protect our other responsible users.
4.1.3 You must not use the Hosting Services as a backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that fall within any of these terms without giving notice to you.
4.1.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
4.1.5 MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be ran under our supervision.
4.1.6 Your use of the server resources shall not endanger the capacity and operation of the shared server.
4.1.7 Any shared or reseller hosting service / account may use no more than the resources outlined against its package.
4.1.8 Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of WevrLabs™) will be suspended pending further investigation.
4.1.9 Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment.
4.1.10 We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occasion burst the resources of a particular account to maintain stability of the service / server your account is hosted on.
4.1.11 If we see excessive faults / usage against a particular account, we reserve the right to maintain suspension / removal on a permanent basis.
4.1.12 In all cases of overuse, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.
4.2 For Resellers
4.2.1 As a reseller, you agree that you are bound to the above terms, and any other terms outlined within all sections of our Terms and Conditions.
4.2.2 Alongside these terms, you as a reseller agree not to:
220.127.116.11 Re-sell or offer for the use of third parties any part of our hosting services unless a specific reseller product has been purchased
18.104.22.168 not to access without authority, interfere with, damage or disrupt any part of the hosting service, any equipment or network used to provide the hosting services, any software used in the provision of the hosting services
22.214.171.124 suspended accounts / deactivated accounts may be removed at our discretion following 7 calendar days
4.2.3 You agree that it is your responsibility as the reseller of good housekeeping of the service offered to you.
4.2.4 You agree that it is your responsibility to monitor, and delete files / accounts that are in breach of any of our outlined terms
4.2.5 It is within our discretion to terminate or remove a reseller account, should there be repeat attempts to breach the outlined terms and conditions without prior warning.
4.2.6 Whilst the quantity of accounts can be considered ‘unlimited’, we retain the right to impose limits in cases whereby the usage is deemed ‘excessive’, or is consuming more than 25% of the servers overall usage. In such cases, will try to offer an alternative solution, by means of secondary or replacement products / upgrades.
5. How much bandwidth is included in my plan?
There are no set limits on the data transfer (bandwidth) that we provide in our web hosting plans ‘Plus’ and ‘Ultimate’. These resources are “unmetered”, meaning you are not billed according to the amount of bandwidth used and we never charge extra for high bandwidth use.
We want you to have the resources you need to build a significant online presence, and 99% of all customers have more than enough disk space and bandwidth to meet their needs.
However, like all resources bandwidth is not infinite, so we monitor our shared hosting accounts for excessive use and abuse, in order to ensure optimal performance for everyone. That being said, we do require all customers to be fully compliant with our Terms of service and utilize bandwidth in the normal operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of such website.
How do we determine “normal” operation for web hosting plans?
We regularly run customers’ bandwidth utilization through statistical analysis and use the results of these studies to define “normal”. Although the actual results vary from month to month, one thing remains constant: 99% of our customers fall into “normal” range. Typically, customers who fall outside the normal range are using their accounts for file storage or sharing rather than web hosting. Our shared hosting services are not intended to support such activities of dormant file storage. We strive to provide at least 72 hours notice to allow customers to make adjustments before we take any corrective action. Based on the evaluation of more than 10,000 accounts per hosting plan, we have determined the following average Bandwidth usage per month:
|Hosting Plan||Average Usage||Acceptable Usage|
|Plus||20 GB||60 GB|
|Ultimate||50 GB||100 GB|
*average usage statistic excludes accounts with no Bandwidth usage for the examined period.
Hosting accounts with 5 times more than the average Bandwidth allocation per month for any given plan, are considered beyond “Normal” shared hosting resource utilization, and will be subject for further corrective actions after noticing clients.
6. Backups Limitations
6.1 Any shared hosting account that uses more than 10GB of disk space or contains more than 50,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 10GB of disk space or contains more than 50,000 inodes is solely responsible for maintaining the copy of his/her account.
6.2 Softaculous backups created manually are removed regularly, and no copy will exist, so make sure to download them immediately once created. Additionally, when using backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.
6.3 Plugins used for backups (such as WordPress backup plugins) may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.
6.4 The following extensions / files will be excluded from our backups:
6.5 The above extensions may on occasion also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service.
6.7 Our standard shared / reseller backup schedule is as follows:
– 7 Daily Backups
– 4 Weekly Backups
6.8 Backups are stored off-site, and are managed from within the hosting account.
6.9 Whilst we will maintain every effort to ensure backups are complete and available, WevrLabs™ cannot be held responsible where backup data s missing or corrupt.
6.10 When an account is terminated / removed either by us or the reseller (either through purpose, or human error), we are under no obligation to provide backups to fix such incidences. The standard retention policy does not apply post-removal.
6.6 All Dedicated and VPS Server backups are the responsibility of you. You are the sole responsible for keeping regular backups of your data for your servers. We do not maintain or keep any backups data for these Services, nor we are obliged to provide backups for these Services in cases you face troubles with them.
7. IP Addresses
WevrLabs™ assigns to You an Internet Protocol (“IP”) address in connection with Your use of the WevrLabs™ services. The right to use that IP address will remain with and belong only to WevrLabs™, and You will have no right to use that IP address except as allowed by WevrLabs™ in its sole and absolute discretion.
8. SSH Access
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
9. Email Services
9.1 You should use email and other related services in full compliance with the terms below:
9.1.1 In order to safeguard overall server performance, You may send and/or forward not more than a number of 70 emails, per hour per domain.
9..2 Our Elastic Cloud products may offer varying / increased sending limits.
9..3 For Shared Hosting accounts, email storage shall not exceed the 10GB limit.
9.4 For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
9.5 For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to email system per IP address on Business and Email servers.
9.6 For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared, Reseller, Business and Email servers.
9.7 WevrLabs™ may, at its sole discretion, limit the volume of email messages You can deliver through our services. WevrLabs™ may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. WevrLabs™ may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will WevrLabs™ be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
10. VPS Management
10.1 As part of our VPS products, we may include ‘management’, which is available in the following tiers:
No assistant in software/server management included.
Our management offering is ideal for those who are able to handle the day to day operations of your server, but would require occasional assistance. Our managed VPS option may be included as standard with your VPS purchase, but support / assistance will be limited to 1 hours monthly. Additional management hours can be purchased, or may be billed at the standard rate of $130+VAT per hour. The support team under a basic management plan will not access a server, and will provide only documentation or references to assist in terms of diagnosing any potentials issues within the server. Monitoring levels will vary according to the scale of a project – WevrLabs™ reserves the right to increase / decrease management costs in order to provide a bespoke support offering.
10.2 Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on WevrLabs™ servers; and (iv) ensure the confidentiality of Your password. WevrLabs™ services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and WevrLabs™ shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by WevrLabs™ are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. WevrLabs™ shall have no liability to You or any other person for Your use of WevrLabs™ products and/or services in violation of these terms.
10.3 Third Party Software
10.3.1 WevrLabs™ provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. WevrLabs™ does not take responsibility for any faults in such software functioning.
10.3.2 You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by WevrLabs™. Your use of any third party software is at Your own risk.
10.3.3 WevrLabs™ cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. WevrLabs™ will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
10.3.4 You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
11. Reservation of Rights
11.1 WevrLabs™ explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by WevrLabs™; (ii) establish limits and guidelines concerning the use of WevrLabs™ services and/or products; (iii) terminate Your use of WevrLabs™services and/or products for use of WevrLabs™ services and/or products to unnecessarily or WevrLabs™ or third parties, non-payment of fees for WevrLabs™ services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of WevrLabs™, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that WevrLabs™ determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of WevrLabs™ services and/or products if Your use of WevrLabs™ services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against WevrLabs™ or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of WevrLabs™ services and/or products at any time and for any reason if deemed reasonably necessary by WevrLabs™.
11.2 WevrLabs™ has no obligation to monitor Your use of WevrLabs™ services and/or products, but reserves the right in its sole discretion to do so.
11.3 WevrLabs™ has the right to refuse services to anyone at Our discretion.
12. Limitation of Liability, Waiver and Release
12.1 The services offered by WevrLabs™ are being provided on an “AS IS” and WevrLabs™ expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, WevrLabs™ expressly does not warrant that WevrLabs™ services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from WevrLabs™ shall create any warranty not expressly made herein.
12.2 You agree that WevrLabs™ will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of WevrLabs™; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
12.3 Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. WevrLabs™ has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that WevrLabs™ has no obligation to back-up any data related to your website.
This section was last revised: February 12th, 2019
The objective of this Service Level Agreement (SLA) is to document the availability of the Service that WevrLabs™ is to achieve. This does not constitute any additional liability to WevrLabs™, but instead a self-assumed obligation towards the Client. Under the conditions below WevrLabs™ offers to pay the Client service credits if the availability defined below is not met.
a. WevrLabs™ offers a monthly Uptime Guarantee (“Guarantee”) for the Hosted Services You purchase from Us. If We fail to meet this Guarantee, as solely determined by Us, due to an internal infrastructure or equipment failure, You will be eligible for a Service cycle prolongation for the time the Service was unreachable.
b. The maximum Service cycle prolongation given may be one (1) month of free hosting. Downtime must be confirmed by a staff member of our Support Team.
1. Services Refund Breakdown:
Should the Client not have access to the Services as defined in the sections below, WevrLabs™ shall credit the client as follows:
(a) <100% and > 99.8% = 5% monthly credit
(b) 95% to 99.8% = 10% monthly credit
(c) 90% to 94.9% = 25% monthly credit
(d) 60% to 89.9% = 40% monthly credit
The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to you notifying Us within 7 days in writing.
2. Mode of Refund:
To claim a Service cycle prolongation, You need to contact Us by submitting a ticket to WevrLabs™ Billing department within the first 7 calendar days after the downtime took place. Claims made after this time window will not be considered under this SLA.
3.1 Any Service interruption deriving from failure or deficiency of WevrLabs™ infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:
3.1.1 DDoS or similar attacks on Our servers.
3.1.2 third-party software failure.
3.1.3 You maxing Your resource container.
3.1.4 issues resulting from errors or omissions by You.
3.1.5 interruptions caused by You from custom scripting, coding or the installation of third-party applications.
3.1.6 with respect to Clause 3.1.3, 3.1.4, and 3.1.5, in cases where your account is linked to causing negative impacts on WevrLabs™ network, performance, service quality, and/or operation, we may then proceed in disconnecting the link and impose limits on your account, for the benefit of other users. In such cases, these limits won’t be a cause of penalty under this SLA.
3.1.7 network conditions across the internet (outside of our network), such as between Your ISP and Our data center.
3.1.8 firewall blocks/bans.
3.1.9 browser or DNS caching issues.
3.1.10 outages related to the reliability of certain programming environments.
3.1.11 any other circumstances beyond our control or that are not reasonably foreseeable.
3.1.12 any act of God or force majeure which results in the failure of the service.
3.1.13 Any fault period during which service is suspended under provision in this Agreement.
3.1.14 The Client requesting WevrLabs™ to upgrade the capacity of the service, if this operation results in an outage
3.1.15 During Scheduled Maintenance affecting the Services.
3.2 All remedies are at the sole discretion of WevrLabs™, based on its investigation of any issue that is covered by this section.
3.3 If WevrLabs™ provides a remedy as described above, or Guarantee, for a particular Service, this shall be Your sole and exclusive remedy for defects in, or issues with, the Service. WevrLabs™ shall not be liable for any consequential or indirect loss or damage caused by the failure of Service.
This section was last revised: February 7th, 2019
When ordering any service, it will then be activated within a maximum time of 72 hours, following confirmation of payment receiving for all invoices related to that service. All services with invoices labeled ‘Unpaid’ will not activated, and if active, it will be suspended within 7 days and terminated 30 days following invoices due date.
Due to our fraud prevention systems, any order may be placed in a ‘Pending’ state awaiting confirmation / acceptance by management. This may cause delays and will prevent automatic creation of the Hosting Services.
This section was last revised: February 7th, 2019
a. Most of our services have prorated payment cycle, which means that the renewal date at the beginning of every month, and hence, the first payment amount may be different from the recurring amount.
b. We reserve the right to suspend any services that have overdue invoices, and we are not responsible for any damage or loss of data as a consequence of delayed payments.
1. Dedicated and VPS Servers: There are no refunds on dedicated and VPS servers. All paid fees are deemed final. The thirty (30) day money back guarantee does not apply to dedicated servers.
2. Domains: registered domains are not eligible for a refund or cancellation after registration and the cost for such domains will be subtracted from any service refund from us.
3. Licenses: including but not limited to (WHMCS, cPanel, Softaculous, .. etc) are not eligible for a refund or cancellation.
4. Cloud Hosting: We do not offer a refund for the purchased plans, instead, We offer a thirty (30) day $1 non-refundable trial for cloud hosting services.
5. Resellers: This is a commercial account. There are no refunds of any kind for the purchase of a reseller customer account.
6. We don’t offer the thirty (30) day money back guarantee for all monthly payment plans.
7. You must contact our technical support team if you have any technical issues regarding your services before requesting cancellation or refunds.
10. Refunds do not include premium support fees, administrative fees, installation fees nor servers licenses including but not limited to (cPanel, Softaculous, CloudLinux,…etc)
11. Any cancellation or refund request must be filed via a support ticket.
12. No refunds will be considered for accounts deleted for violation of our terms of service.
13. Fees may be applied to refund payments through payment methods including but not limited to bank transfers and Western Union, and will be deducted from the refund amount.
This section was last revised: February 7th, 2019