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 client's instructions. 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. While we use all reasonable endeavors to ensure constant availability, we shall not be liable for interruptions beyond our control. Any Service Level Agreements (SLAs) provided separately shall be the sole remedy for service interruptions
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. Your may not use the Server or our Network for cryptocurrency or the mining of cryptocurrency.
1.9. You agree to cooperate with Us and Microsoft in any software license compliance audit or self-assessment. This includes granting Us or Microsoft access to the Server and/or providing, within 7 days of a request, hardware and software configuration data (such as CPU core counts and software versions) via automated scripts or manual reports as required to satisfy Microsoft’s SPLA verification processes.
1.10. 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.
2.5. 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.
2.6. 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 website 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, as per our Support Tiers policy.
3.5. We provide technical support relating to the Server and Software physically functioning.
3.6. We do not provide technical support for Your clients.
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. LIMITATION OF LIABILITY
5.1 The provisions of Section 15 of the Web Wiz Hosting Services Terms and Conditions (Limitation of Liability) shall apply to this Agreement and are incorporated herein by reference.
6. Incorporation of General Terms
6.1. These Server Terms and Conditions are supplemental to the Web Wiz Hosting Services Terms and Conditions.
6.2. In the event of any conflict between these Server Terms and the General Terms, these Server Terms shall prevail in relation to Dedicated and Hyper-V Services.
6.3. All "General" provisions of the Main Terms (including but not limited to Indemnity, Notices, Severability, and Applicable Law) are incorporated into this Agreement by reference.
WEB WIZ Ltd. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS 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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