The Provider is HW Technology Ltd
- The client agrees to an on-line, paperless subscription.
- The client acknowledges that all information provided by the client is true and correct to the best of the client’s knowledge.
- The client agrees that the act of having the site hosted constitutes acceptance of all terms and conditions associated with the services applied for and that the act of electronic acceptance or usage of the services as described shall be in lieu of written signature.
- Client expressly understands, acknowledges, and agrees that in submitting an application, uploading content or paying for any and all services to be rendered by The Provider, the client shall abide by all Terms and Conditions stated herein, as well as any other applicable conditions (e.g. for domain names).
- The Provider may, in its sole discretion, subcontract at any time any or all of its obligations under this Agreement to any third party/parties.
Invoices will be sent either annually or monthly as pre-agreed and will contain details of specific costs and specifications for your hosting package. All hosting packages include the following:
- Scheduled website backups
- Technical support, available by telephone or email during standard support hours (8.30am to 5pm, Monday to Friday)
- Security related updates only, unless further maintenance work has been agreed and contracted
- For websites using the WordPress content management system:
- Security updates to WordPress and any installed plugins.
- These updates will be applied automatically according to the WordPress release schedule, or within 30 days of recommended schedules.
- Managed updates can be negotiated as part of ongoing maintenance for an additional fee
During the period of hosting, in the event that any particular package’s limits are breached for 30 days or more, then the package will automatically be upgraded to the next available package and this will be invoiced pro-rata from the first date of breaching the original limitations.
This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by the client at least 30 days prior to the end of Term renewal date, at the prevailing rate of renewal as set from time to time by The Provider. Renewal prices are subject to change. Renewal of services by the client indicates agreement to any contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the client’s account.
TERMS OF PAYMENT
Payment for hosting services must be made in advance unless credit approval has been granted by The Provider. If credit approval has been granted, credit terms are net 30 days from date of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged directly with the client shall be treated as such by the client. This information shall include, but not be limited to, the provisions of specific hosting agreements, product and services information, and pricing. The client further agrees to not decompose, disassemble, decode, reverse engineer, or resell any HW Technology program, code or technology delivered to the client or any portion thereof.
HW Technology Ltd do not allow insensitive, offensive, adult, or inflammatory content to be made available on any websites hosted. Content will be deemed insensitive, offensive, adult, or inflammatory at HW Technology’s discretion only. Any websites found to contain such content may be disabled without warning and this may result in the removal of hosting facilities in full, with no refunds of remaining term and the cancellation of your hosting contract.
HW Technology makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HW Technology also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client. Use of any information obtained by way of HW Technology is at the client’s own risk, and HW Technology specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. HW Technology does not represent guarantees of speed or availability of end-to-end connections. HW Technology expressly limits its damages to the client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. HW Technology specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
The client asserts that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. This includes, but is not limited to, imagery, logos, documentation, text content, or website designs.
TERMINATION AND SUSPENSION
The Provider may terminate this Agreement (in respect of all or any of the Services) immediately and without notice if:
(a) subject to clause (c) the Customer breaches any of its obligations under this Agreement and if capable of remedy fails to remedy within 5 days of receipt of notice in writing from The Provider requiring it to do so;
(b) the Customer becomes insolvent or unable to pay its debts, bankrupt or placed in the hands of a receiver or administrator or wound up.
(c) the Customer breaches any of the terms of the Software License.
(d) there is a clear breakdown of the relationship
(e) advice provided by The Provider that is fundamentally central to the services is not accepted by the client.
In the event of termination of this Agreement for whatever reason:
(a) the Customer will pay The Provider all sums outstanding up to the date of termination; and
(b) both Parties will continue to respect and uphold all confidentiality and IPR obligations.
The Provider reserves the right to suspend some or all of the Services forthwith, if:
(a) it has reason to believe that the Customer is misusing the Services (or any of them), including that The Provider does not allow insensitive, offensive, adult, or inflammatory content to be made available on any websites hosted. Content will be deemed insensitive, offensive, adult, or inflammatory at HW Technology’s discretion only. Any websites found to contain such content may be disabled without warning and this may result in the removal of hosting facilities in full, with no refunds of remaining term and the cancellation of your hosting contract;
(b) the Customer breaches the Software Licence (or any of them);
(c) it is required to do so by law;
(d) the Customer should fail to pay any part of the Price and/or Additional Charges by the due date.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
The Customer shall complete in a timely manner the obligations set out in this Agreement
The Customer acknowledges that The Provider’s ability to perform its obligations under this Agreement is dependent upon the Customer’s full and timely co-operation with The Provider and the accuracy and completeness of any information the Customer provides to The Provider. The Customer shall without limitation:
- appoint one or more representatives (as reasonably required by The Provider) in connection with the Services and procure that such representative(s) shall provide professional and prompt liaison with The Provider and possess the necessary expertise and authority to commit the Customer;
- fully comply with the terms of any Software Licence;
- forthwith notify The Provider of any problem, error or complaint in respect of the Services giving full details of such problem, error or complaint.
The Customer shall be solely responsible for maintaining an external procedure for reconstruction of lost or altered files, data and/or programs to the extent deemed necessary by the Customer, and for actually reconstructing any and all such materials.
The Customer shall be solely responsible for the obtaining of and any cost and expense of obtaining all consents, permits, authorities and/or approvals that may be necessary or desirable to enable The Provider and/or any of its subcontractors to fulfil The Provider’s obligations hereunder.
The Customer shall be liable for any delays or failures to the implementation or carrying out of the Services caused by the acts or omissions of the Customer. The Provider shall be entitled to levy Additional Charges against the Customer for any and all costs, expenses and/or losses of any kind whatsoever suffered or incurred by The Provider arising out of or in connection with any such delay(s).
Save as required by law the Customer shall indemnify The Provider and keep The Provider at all times fully and effectively indemnified against any and all losses, damages, liabilities, demands, costs and/or expenses of any kind whatsoever suffered or incurred by The Provider arising out of or in connection with any breach by the Customer of any of its obligations under this Agreement.