Terms & Conditions
| 1. DEFINITIONS
In this Service Agreement ("Agreement"), "you", "your", “the client”, “the user” refer to each customer ("the customer") and "we", "us" and "our" refer to Wickmedia.NET (“The Company”). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.
Wickmedia.Net are a division of Wickmedia Ltd, a company registered in England and Wales, Company Number 04077244, having its principle place of business at Church Mews, Church Street, Cheltenham, Glos. GL50 3HA. For the purposes of this agreement, Wickmedia.Net shall be referred to as “The Company”.
“the user” or “you”.
In order to provide an efficient and reliable service, it is important for us to responsibly state the acceptable uses of our services.
By requesting any service supplied by The Company, you agree to be bound by all Terms and Conditions irrespective of the mode or manner of ordering employed by the user when ordering the services. This Agreement is made between us and you and the date of this Agreement is the date you order our services.
Please note that The Company provides internet based services - web hosting, email, domain management and additional internet services. The Company reserves the right to suspend or cancel a customers' access to any or all services provided when an account has been inappropriately used or otherwise.
Due to the continual evolving nature of our business, we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with our Terms and Conditions.
The first and most important thing to note is that: By logging into your account, it is understood that you have read and agree to our terms of service, we cannot accept any responsibility for any loss of business which may occur from services being cancelled as a result of infringement of these terms.
Wickmedia.NET provides web hosting to numerous clients, which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimers are intended for all domains residing on Wickmedia.NET servers, including regular hosting clients, dedicated and virtual dedicated server clients.
Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored in your space.
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
3. DOMAIN REGISTRATION
Please note the results of your registration may not always be accurate. In rare circumstances such as central registrar outage, heavy server loads, database overload, etc, the system may return a: "registration successful" when the name has actually not been registered at all.
You should confirm after 48 hours that the domain/s is/are yours at the central shared registry whois at www.internic.net or www.nic.uk for 100% accuracy.
Although Wickmedia.NET does make every effort to inform a client of a pending domain expiration, it is the clients ultimate responsibility to keep an independent record of the expiry dates on their domains and renew them accordingly.
Wickmedia.NET shall not be held liable for any losses arising from a domain being expired and registered to another party.
Wickmedia.NET shall not be held liable for a lost domain, which may be caused by a software error in our registration system. It is the clients responsibility to independently check the accuracy of a registration. This includes:
Nominet UK's Terms and Conditions: http://www.nominet.uk/go/terms
If you are registering a US domain then please read:
ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm
4. IP ADDRESSES
You will have no right, title or interest in any internet protocol address ("IP Address") allocated to you, and any IP Address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
If an IP Address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
You agree that you shall have no right, title or interest to any IP Address upon expiry or termination of the Services, and that the acquisition by you of a new IP Address following expiry or termination of the Services shall be solely your responsibility.
5. DEDICATED SERVERS
The Server shall be installed and operated in the space by us. You will have no right of physical access to the Server or the space.
We shall have no liability for any loss or damage to any data stored on the Server.
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.
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.
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.
6. IMPROPER AND UNACEPTABLE USE
We The Company reserves the right to remove material deemed inappropriate from your web pages, without prior notice. Wickmedia.NET do not allow Warez, Illegal MP3 web sites or IRC Bots on their servers.
Clients may not run server processes, such as talkers or IRC Bots from their login account.
Spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups).
Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message).
Passive Spamming (promoting a web site hosted by Wickmedia.NET by spamming from some other source), mail-bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission.
Any breach of the above provisions will result in an immediate withdraw of service provided by The Company.
Abuse of the legal rights of others:
Abuse of the legal rights of others: Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.
Abuse of the law:
The Company's service may only be used for lawful purposes by the client.
Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.K. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited. Wickmedia.NET reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
Abuse of Wickmedia.NET's Server Resources:
Clients may not store more data in their account than their allotted quota. The quota command may be used to examine their current disc usage and quota.
You are not permitted to run programs in the background on a shared Wickmedia.NET server without Wickmedia Ltd’s prior written authorisation.
Any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. This does not apply to Dedicated Servers and applies to Shared Hosting and Virtual Dedicated Server accounts only.
7. CLIENT RESPONSIBILITY
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.
It is the client's responsibility to carry out computer virus precautions.
Data stored on our Shared Hosting servers are backed up. It is the responsibility of the client to keep independent backup files of important data. We The Company cannot be held responsible for any loss incurred from the client's inability to backup any files.
Clients must not attempt to gain the privileges of another user. Clients will be responsible for the content of their page(s) including obtaining the legal permission for any works they include and ensuring that the contents of their page(s) do not violate UK or any other laws that are applicable.
The clients will be responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via their page(s).
When seeking domain registration, the client will be responsible when placing an order to ensure that the domain has not been registered by some other person.
The client agrees that he or she has the necessary knowledge to create and maintain their web space.
The client agrees that it is not the responsibility of Wickmedia.NET to provide this knowledge or support outside matters specific to Wickmedia.NET’s servers.
The client agrees that it is not the responsibility of Wickmedia.NET to provide technical support for third party software products which the client may wish to install into their website or server. Technical support for third party products should be sought from the software publisher direct.
The client will be given a login account, which is for personal use only. Clients must not divulge the password to any other people.
The client shall taken reasonable precautions to ensure that it is not discovered by other people.
The Company reserves the right to change the password in the event of any suspected security breach.
8. CREDIT / PAYMENTS
We are unable to offer any form of credit outside of the normal payment terms as defined on any issued invoices.
Prices are quoted exclusive of VAT
If your account/service is activated before any payment is made then payment must be sent in full by return. If your account is cancelled and is later reactivated, an administration fee, as quoted on the website under current pricing, will be levied to your account.
Payment by the client will be either on a monthly or yearly basis.
Should your credit card not go through you will be contacted by our billing department to arrange payment.
The following terms are applicable to overdue accounts:
Should a chargeback be performed on your credit card we reserve the right to immediately remove all your sites and data from our systems and a £95 charge will be levied to your account.
The Company reserves the right to vary the amount payable (monthly or yearly) from time to time, however we will give you 30 days prior written notice of any such variation
The Company has no obligation to carry out any work until full payment in advance has been received in clear funds.
Minimum Contract Terms
The initial term of this contract shall be the period described in the above and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a monthly or yearly basis unless terminated according to the provisions below.
All account cancellations must be done in writing, with at least 90 days notice. Notifications must include user name, principal contract name with valid signature and reason for cancellation. Third party cancellations are not accepted.
We cannot refund any payments received before cancellation.
Any improper use by the client under any sections will result in immediate termination of The Company's service.
We The Company reserve the right to cancel your account at anytime without notice. If a client has ordered a service on an annual subscription The Company expect the client to commit for this period of time. If the client wishes to cancel within this service period, we The Company will not make any refunds for any unused portions of the client's account. Whilst The Company does not offer refunds the client have no obligation to continue using our service.
Deletion of your data
If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
10. HOSTING SERVICE LEVELS
We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine (99.9) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page on our website.
Service credits are not given for any form of downtime or service unavailability.
11. BANDWIDTH AND SERVER RESOURCES
If your bandwidth reaches the point where it has an adverse affect on other clients (in the case of Virtual Dedicated Servers or Shared Hosting accounts) we reserve the right to disable your site/sites until you can reduce your bandwidth usage.
Any site consistently using more than 20% of system resources will be immediately suspended. This does not apply to Dedicated Server clients.
All reasonable efforts will be made to advise you on what “upgrade” options are available under these circumstances.
12. LIMITATION OF LIABILITY
In no circumstances whatsoever will The Company be liable for economic, indirect or consequential loss arising from delays or service interruptions.
The Company will not be responsible for loss occasioned by computer viruses, whether introduced by The Company's software or otherwise.
We The Company shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.
Whilst The Company shall expeditiously seek domain registration, The Company shall not be liable in the event of the domain having been registered by some other person by the time The Company seeks registration in which event a full refund will be paid to the client without any other liability on the part of The Company for loss by the client.
For clients using our Email Anti-Virus Scanning Service - New viruses and exploits are created daily and no virus protection system could ever be 100% effective. Wickmedia.NET is not responsible for any damage, loss of revenue or other repercussions of a malicious email passing through this system.
Wickmedia.NET shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
Wickmedia.NET reserves the right to terminate an account at any time and for any reason that causes harm to any Wickmedia.NET customer's web sites.
Wickmedia.NET reserves the right to delete all content and files upon termination.
Wickmedia.NET reserves the right to withhold any pre-paid funds for any site removed for violations of these policies.
Wickmedia.NET reserves the right to refuse, cancel, or suspend service at our sole discretion.
Wickmedia.NET reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
13. OUR RIGHT TO VARY TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms and Conditions in force at the time that you order services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
No variation of these Terms and Conditions shall be valid unless it is in writing and signed on our behalf.
14. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement and shall have no liability therefore.
15. COMPLAINTS PROCEEDURE
Our aim is always to provide top quality service. We recognise however, that there may be times when things do go wrong. All members of our staff will always do their very best to help, but there may be occasions when our customers need extra assistance to sort out certain issues.
We want to make this process as easy as possible for you and assure you that we are committed to doing everything we can to resolve customer complaints. If you feel you need extra assistance, please email us at firstname.lastname@example.org where one of our management team will then investigate and propose a solution.
If you wish to make a complaint you can contact one of our management team in any of the ways listed below.
Tel: 01242 230230
Customer Services &Complaints
Please contact us using one of the contact methods above, outside of office hours please email us at email@example.com. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days.
If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc), please contact us at firstname.lastname@example.org with as much detail about the abuse. We will investigate your complaint immediately.
Here at Wickmedia we like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at email@example.com including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you’re not happy with the initial outcome of your complaint, than please feel free to escalate your issue to Nominet (the .uk registry) here: www.nominet.org.uk/disputes/complaining-about-registrar/complaints-procedure
T&C’s for registrants including Nominets domain name registration T&C’s: http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
Renewal & Expiry: All domains are renewed on an annual basis, we will send out reminder emails 45 days, 30 days, 17 days and 7 days before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date. Wickmedia take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at firstname.lastname@example.org. Alternatively you can set your domain to auto renew, this can be managed through the client portal area. All domains will be auto renewed 14 days in advance of the domain name expiring and will be billed 30 days in advance.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £40 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. Wickmedia will not guarantee the renewal of a domain name.
Contract Termination: If you no longer wish to carry on with your contract with Wickmedia, please email us no less than 90 days before your services are due to be renewed. Your account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, Wickmedia will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in Wickmedia ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes.