These terms and conditions shall govern the relationship between us and you and shall prevail despite the existence of any printed or other conditions even if such conditions purport to take precedence. Please read them carefully.
1.1 References to “we”, “us” and “our” are references to Wonder Media Ltd registered in England (company registration number 06489006).
1.2 The terms “you” and “your” refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.
1.3 In these conditions the following words and expressions shall have the following meanings:
“Commencement Date” means the date of our acceptance of your order as notified to you under our account activation notice;
“Contract” means any contract between us and you for the supply of Services incorporating these conditions;
“Domain Names” means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
“Gigabyte” means 1,073,741,824 bytes or characters of information;
“hosting” means the making available of your Domain Name on the Internet;
“Internet” means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
“Megabyte” means 1,048,576 bytes or characters of information;
“Renewal Date” means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
“Services” the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
“Upload” means to transfer computer files to our computer system for publication on the Internet or WWW;
“Web Site” means the area on our computer system allocated to you for the purpose of this Contract;
“WWW” means World Wide Web service available on the Internet;
1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Condition headings do not affect the interpretation of these conditions.
1.6 Any words in the singular include the plural and vice versa.
1.7 We reserve the right to alter or amend our terms and conditions by giving you fourteen days’ prior notice by email and by displaying the notice on the our web site in the Terms and Conditions section. If you do not want to accept any new conditions you must inform us immediately by emailing us at [email protected] otherwise you will be deemed to have accepted such new conditions.
2. CONTRACT PERIOD
2.1 Subject to termination under conditions 5 and 6 this Contract shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the online customer order form or for such period as subsequently agreed by us in writing.
3. YOUR RESPONSIBILITIES
3.1 You agree that you will keep secure the login name and password specified on your order completion email and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.
3.2 It is your sole responsibility to make regular back-ups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files.
3.3 You agree that you will not:
3.3.1 perform any action that will reduce performance of our servers to the detriment of other users;
3.3.2 upload any virus to the Web Site which could infect our server or other equipment;
3.3.3 allow a virus to enter the Internet by allowing Internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on our server;
3.3.4 upload any material which infringes the intellectual property rights of any other party. We accept no responsibility for your actions in either uploading material to the Internet or in your transferral of any material to other Web Sites (or vice versa);
3.3.5 upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. We reserve the right to randomly inspect the Web Site and in the event that any unauthorised material has been uploaded to that Web Site, we reserve the right to inform the relevant authorities and to terminate this Contact forthwith;
3.3.6 cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales;
3.3.7 commit any act whereby access is gained by you to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;
3.3.8 use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund;
3.3.9 not to use our servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;
3.3.10 do any act or omission the result of which would have the effect of bringing us into disrepute.
4.1 Without prejudice to any other rights or remedies which we may have against you, you agree to indemnify and keep us indemnified against:
4.1.2 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of or in connection with any breach by you of this Contract; and
4.1.3 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of any action brought or threatened against us by a third party which is caused by or arises from any action or omission of ours carried out pursuant to your instructions.
5. TERMINATION OF THIS CONTRACT BY US
5.1 If you do not pay any charge when due or materially breach this Contract in any other way we can terminate this Contract immediately without the requirement of prior notification.
5.2 If any sum payable under this Contract is still outstanding one month after the service of written notice to you requiring you to pay all outstanding sums in full we may in our absolute discretion suspend the Services.
5.3 If you have still not paid within 14 days of the written notice referred to in condition 9.2 we may in our absolute discretion disconnect the Services, delete your data and terminate the Contract and, if appropriate charge you a daily rate for storage of any of your equipment. Where any charges or payments are still outstanding from you, you must pay us in full (including any outstanding interest).
5.4 Should we reasonably deem you a threat to the integrity of the our network whether as a result of your actions or threats of such actions or by hostility of your actions or due to any other reason which in our considered opinion would be against our business interest, then we can terminate this Contract immediately without the requirement for prior notification.
5.5 If you go into liquidation or (in the case of an individual or firm become bankrupt) make a voluntary arrangement or have a receiver or administrator appointed we can terminate this Contract immediately without the requirement of prior notification.
5.6 Termination of this Contract by us will result in the retaining by us of all monies received from you who will not be entitled to a refund of monies paid.
5.7 Upon termination of this Contract you shall nevertheless remain liable for all charges due or which would have been payable under this Contract.
5.8 On termination of this Contract we will remove all materials held on our systems and remove all your system privileges.
5.9 Subject to our sole discretion after termination, if we agree that you may once again be reconnected to the service, any reconnection will be subject to an administration charge of £75 +VAT together with any outstanding charges payable prior to the reconnection.
6. TERMINATION OF THE CONTRACT BY YOU
6.1 You must notify us in writing by post, or email to [email protected] at least 30 days prior to your service renewal date.
7. 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.|
8. LIMITATION ON ASSIGNMENT
8.1 You must not assign the benefit of this Contract in whole or in part.
8.2 We reserve the right to assign the benefit of this Contract by giving prior written notice of any assignment to you.
8.3 Except with our prior written consent the Service shall not be used by or on behalf of any person other than you or a third party specified on the application form and no condition shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act.