Terms & Conditions
1. Provision of Service
1.1 This contract covers the provision of service by WiSS Limited (referred to as WiSS in this document) to the customer. It supersedes and takes precedence over any previous written or oral representations given or made by the company or any representatives of the company. In agreeing to the provision of the services, the customer is deemed to have read and understood these terms and conditions.
1.2 Any date proposed either by the customer or WiSS for the provision of services to be treated as an estimate only and WiSS Limitedaccepts no liability for any failure to meet it.
1.3 Unless WiSS receive a notice in writing from the customer terminating this contract at any time prior to the renewal date, the customer will be deemed to renew the contract at the end of the twelve month period and be subject to the terms and conditions referred to herein.
1.4 WiSS reserve the right to alter or amend its terms and conditions by giving seven days' prior notice to the customer. Notice will be deemed to have been given by WiSS Limited by displaying the notice on the web site of WiSS Limited.
1.5 Not withstanding the above, the customer will grant WiSS permission to deduct any funds due at the date of renewal from previously supplied credit card information.
2 Definition and application
2.1 In this Contract:
"the customer" means the customer with whom WiSS Limited makes this contract including a person reasonably appearing to WiSS to act with that customer's authority
"WWW" means World Wide Web service available on the Internet;
"Domain names" means Internet addresses which have been registered with the central registration authorities on the Internet on behalf of the customer;
"Upload" means transfer computer files to the WiSS Limited computer system for publication on the Internet, WWW;
"Commencement date" means the date of WiSS Limited acceptance of the customer's order specified by the order date on the customer invoice;
"This contract" means the contract between the customer and WiSS incorporating these terms and conditions;
"Web site" means the area on WiSS Limited computer system allocated to the customer for the purpose of this order;
"Hosting" means the making available of the customers domain name to the Internet community;
"Renewal Date" means the date of renewal of this contract between the customer and WiSS Limited, as defined on the customer application form;
"Megabyte" means 1,048,576 bytes or characters of information;
"Gigabyte" means 1,073,741,824 bytes or characters of information;
"Illegal" means any act or acts which are capable of breaching the criminal law of England and Wales.
2.2 Any words in the singular include the plural and vice versa. All definitions, notes, terms and conditions referred to in this contract form part of the contract as if they were expressly set out in it.
3 Contract Period
This Contract shall continue from the commencement date for a period of twelve calendar months subject to termination under conditions 8 and 9.
4 The Customer’s Responsibilities
4.1 It is the customer's obligation to ensure that they do not upload a virus to the web space provided by WiSS Limited which could infect the WiSS server. The customer must not allow a virus to enter the Internet community by allowing Internet users to download files containing viruses and knowingly or otherwise from their web space which is on a WiSS Limited server. WiSS Limited reserves the right to stop email with attachments from being delivered in order to protect other users and help prevent the spreading of viruses and Trojan Horses or other malicious code or programs to the Internet community.
4.2 It is the customer's obligation to ensure that any material being uploaded is not in breach of copyright. WiSS accepts no responsibility for the customer's actions in either uploading material to the WWW or in the customer's transferral of any material to other Web sites.
4.3 The customer agrees not to upload any material which would be considered to be contrary to public decency and morality. WiSS reserve the right to randomly inspect Web sites and in the event that any unauthorised material has been uploaded to that Web site, WiSS reserve the right to inform the authorities and to terminate this contact forthwith. Uploaded material would expressly include pornographic, barbaric and overtly tasteless material.
4.4 The customer agrees that it shall not cause or permit or in any way assist in any unauthorised publication, any dissemination of any defamatory material or any material which could be considered to be in breach of the criminal laws of England and Wales.
4.5 The customer agrees to keep secure the login name and password specified on the application form and not to pass that information to any unauthorised person. In the event of the customer's login name and password being used by any unauthorised person, WiSS accept no responsibility and the customer will be liable for additional charges arising thereof.
4.6 The customer is only entitled in this contract to transfer set out in the purchase order. Any transfer in excess of this figure will result in a charge at the current rate.
4.7 If the contract is terminated for whatever reason, the customer will be entitled to a pro-rata refund of the contract price minus any set-up or over usage fees.
4.8 The customer agrees not to perform any action that will result in the reduced performance of the WiSS server to the detriment of other users.
4.9 Not to commit any act whereby access is gained by the customer to any information or resources of any body corporate or person, individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions.
4.10 The customer agrees not to use WiSS servers to send or relay unsolicited, junk email (spam), virus, abusive, pornographic or defamatory e-mail to other Internet users. Failure to meet this obligation would result in the termination of this contract without refund.
4.11 Not to do any act or omission, the result of which would have the effect of bringing WiSS into disrepute.
4.12 The customer is responsible for ensuring that all requests for work are carried out on time and in all cases must report any failing directly to WiSS within the appropriate timescale. Customers are responsible for initiating repeat work orders such as domain renewals in good time.
5 Limitation of Liability
5.1 For the avoidance of doubt WiSS has no obligation duty or liability in contract and/or for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
5.2 In any event and in no circumstance shall WiSS be liable for any loss either direct or indirect of profits, business or anticipated savings or any other direct or indirect consequential loss arising out of the provision of the service to the customer or failure to provide such a provision. This includes loss of service for any reason whatsoever.
5.3 In no circumstance shall WiSS be liable for any loss whether direct or indirect arising from the content of any information placed by the customer onto the service provider of WiSS.
5.4 Under no circumstances shall WiSS be liable for loss whether direct or indirect of profits, business or anticipated savings or for any direct or indirect consequential loss whatsoever by the failure of, or any problem experienced by the customer in it's operation of it's web site.
5.5 Each provision of this condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.
5.6 WiSS Limited provides an anti virus and junk mail filtering system as an added benefit for which no additional financial charge is made. This service is not guaranteed to perform with 100% accuracy in detecting viruses or junk email and is only provided as a first layer of defence. Customers are reminded that they are required to undertake their own preventative measures.
5.7 VIRUS SCANNING. Internet and/or email data passing through WiSS Limited networks may, on a regular or intermittent basis, be scanned for virus content and/or activity. This scanning is performed with the purpose of protecting WiSS Limited, equipment and ability to serve its customer base. Any benefit realised by the customer is purely coincidental and may not be construed as an offer of service.
6 Indemnity
6.1 Without prejudice to any other rights or remedies which WiSS may have against the customer, the customer shall indemnify WiSS against any loss or expenses sustained by reason of any breach of this contract and any actions, proceedings, claims or demands in any way connected with this contract brought on by or threatened against WiSS by a third party which are caused by or arise from any action of WiSS carried out pursuant to the instructions of the customer.
6.2 The customer shall indemnify WiSS against any actions, proceedings, claims or demands in any way connected with this contract brought or threatened against WiSS by a third party which are caused by or arise from any act or default of WiSS carried out pursuant to the instructions of the customer.
7 Charges
7.1 The full contract price must be paid prior to WiSS providing the service contemplated by this contract.
7.2 All charges of whatever nature in respect of service shall as such be as WiSS shall determine from time to time. On each occasion when service is provided to the customer, the customer shall pay the charges in force at that time, full details of which will be available from the address specified in condition 9.
7.3 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on the customers bill.
7.4 Subject to paragraph 9 below, the administration charge referred to therein is payable in full within seven days.
7.5 Should WiSS have to issue Court proceedings pursuant to this contract the customer accepts responsibility for all WiSS legal fees and disbursements notwithstanding the value of the claim, on an indemnity basis.
7.6 Any third party costs WiSS may incur due to processing the payment for the services will be payable by the customer within seven days.
8 Termination of this contract by WiSS
8.1 If the customer does not pay any charge when due or breaks this contract in any other way WiSS can terminate this contract immediately without the requirement of prior notification.
8.2 Termination of this contract by WiSS will result in the retaining by WiSS of all monies received from the customer who will not be entitled to a refund of monies paid.
8.3 Upon termination of this contract the customer shall nevertheless remain liable for all charges due or which would have been payable under this contract.
8.4 On termination WiSS will remove all materials held on WiSS's computer and remove all privileges entitled to the customer.
8.5 Subject to the discretion of WiSS, after termination, if WiSS agree that the customer may once again be reconnected to the service, any reconnection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the reconnection.
9. Delays
Despite anything else contained in the any service agreement, neither party will be liable for any delay or failure in performing its obligations under the agreement (except an obligation to make payment) if that delay or failure is caused by circumstances beyond its control (including, without limitation, any delay caused by any act or omission of the other party or any third party), and the party so delaying will be entitled to a reasonable extension of time for the performance of its obligations.
The Supplier will endeavour to comply with any timetable or dates which the Supplier has given to the Customer for the performance of the Services, but any such timetable or dates are estimates only, and the Supplier will not be liable for any delay or failure to perform in accordance with that timetable or those dates.
10. Termination of the contract by the customer
10.1 The customer can terminate this contract at any time in writing to the following address: WiSS Limited, Intec, Ffordd y Parc, Bangor, Gwynedd, LL57 4FG. In an event of the customer so terminating this contract, the customer will be entitled if they so wish to continue with the contract until the expiration of the contract period or alternatively the customer may request the immediate termination of the contract.
10.2 Refunds on terminated contracts by either party are only payable within 30 days of commencement of the contract, unless otherwise agreed, in writing, prior to commencement of services provided.
11. Force Majeure
11.1 WiSS is not liable for any breach of this contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts of omissions of government, highway authority or other competent authority, WiSS's compliance with any statutory obligation, industrial disputes of any kind (whether or not involving WiSS employees), fire, lightening, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom WiSS is not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside WiSS's reasonable control.
12. Proper Law
This contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.
13. Limitation on assignment
13.1 The customer must not assign the benefit of this contract in whole or in part.
13.2 WiSS reserve the right to assign the benefit of this contract by giving prior written notice of any assignment to the customer.
13.3 Except with the prior written consent of WiSS, the service shall not be used by or on behalf of any person other than the customer or a third party specified on the application form.