Web Wiz Dedicated and Hyper-V Cloud Server Terms and Conditions
Where the context admits: "We", "Us", "Our", "Web Wiz", includes Web Wiz Ltd. or any party acting on Web Wiz Ltd. implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. Under this Agreement We provide Internet connectivity services (the "Bandwidth"), the equipment (the "Server"), the availability of space to store and operate such equipment (the "Space") and the licensing of software (the "Software"), together comprising the dedicated server package under this Agreement (together, the "Services"). In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
The following terms relate to Cloud Server and Dedicated Servers only and are additional terms and conditions to our Hosting Services Terms and Conditions:
1. Server Hardware
1.1. Web Wiz will be the owner of the Server.
1.2. The Server shall be installed and operated in the Web Wiz Data Center. You will have no right of physical access to the Server or the Space.
1.3. We shall have no liability for any loss or damage to any data stored on the Server.
1.4. You acknowledge that, We cannot guarantee that the Server will be free from defects. Nor can We guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavours to make available to You at all times the Services but We shall not, in any event, be liable for interruptions of service or down-time of the Server and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.5. Should We become aware of a Server fault, We will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
1.6. Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.
1.7. You will not load any material on to the Server that infringes third party intellectual property rights and shall fully indemnify Us against any liability we may incur if you breach such condition.
1.8. You will grant full access to Microsoft, and allow Us to grant such access, to all material you place on the Server for the purpose of any audit Microsoft wishes to undertake.
1.9. In the event that You use Microsoft software on the Server, you agree to Microsoft's End User License Terms.
2. Software
2.1. We grant You a non-transferable, nonexclusive license to use the Software, in object code form only, for your internal and resell needs, solely on the Hardware provided by Web Wiz, and in conjunction with the Services.
2.2. You agree that You will not:
2.2.1. Copy the Software.
2.2.2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
2.2.3. Sell, lease, license, transfer or sublicense the Software or the documentation.
2.2.4. Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
2.3. This Agreement transfers to You neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use in Section 2.1.
2.4. Any third party software is supplied to You on the basis of the relevant third party's license terms with which You agree to comply.
2.4. We will use Our reasonable endeavours to check the Software for the most commonly known malware prior to delivery to You. However, You are solely responsible for malware scanning the Software and We give no warranty that the Software will be free from viruses, malware, or ransomware.
2.5. You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
3. Fully-Managed Servers
3.1. We will install the Software detailed in the product specification onto the Server in our standard configuration free of additional charge.
3.2. We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when We are made aware of a security vulnerability in Software installed as standard which We deem a threat considering the intended use of the Services for web site hosting, however We do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
3.3. You are not permitted to install software on the server or make configuration changes. Software that is installed by You or Your representatives on the server or configuration changes without explicit written permission from Us will be considered unauthorised and may be altered or removed at any time.
3.4. We are not obliged to install onto the Server any additional software for You or modify the configuration of existing software from its default. You acknowledge that should We agree to do so, a charge may be made to cover employee time.
3.5. We provide technical support relating to the Server and Software physically functioning.
3.6. We do not provide technical support for Your customers.
3.7. Our obligation to provide support and management services will not extend to:
3.7.1. Software or systems not installed as standard by Web Wiz.
3.7.2. Software or systems configured or modified by You.
3.7.3. Correction of faults arising from Your failure to comply with instructions or recommendations provided by Web Wiz directly.
3.7.4. Rectification of lost or corrupted data.
3.8. We may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the You. We will endeavour to give You reasonable notice of any such modification, where this is reasonably practicable.
4. Data Backup
4.1. Unless you purchase a data backup product as an additional cost option, we will make no backups of the data stored on the Server beyond that which is advertised.
5. Indemnity
5.1. You shall indemnify Web Wiz and it's agents and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Servers including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
6. LIMITATION OF LIABILITY
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Web Wiz OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ‘WEB WIZ’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ‘WEB WIZ’ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Web Wiz IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘WEB WIZ’ OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
6.2. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
7. Notices
7.1. Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
8. Severability
8.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
9. Applicable Law and Dispute
9.1. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
10. Headings
10.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
11. Entire Agreement
11.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
11.2. Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Web Wiz's rights.
WEB WIZ Ltd. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDTIONS AT ANY TIME.
Changes to the Terms and Conditions will be announced on the 'Web Wiz' website. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.
By accepting these Terms and Conditions and accompanying Acceptable Use Policy you have agreed to be bound by the Terms and Conditions of the Agreement and by that any subsequent agreement or policy, and that there no circumstances where deviation from the agreed Terms and Conditions is permissible. Please beware that failure to carry out your obligations under the agreement could be seen as a breach of contract leading to termination of services provided by Web Wiz Ltd.
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