GENERAL TERMS AND CONDITIONS FOR USE OF WEBSITE
1. Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
2. Intellectual Property Rights
Other than the content you own, under these Terms, WI Communications Limited and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
3. Restrictions
You are specifically restricted from all of the following
- Publishing any Website material in any other media
- Selling, sublicensing and/or otherwise commercializing any Website material
- Publicly performing and/or showing any Website material
- Using this Website in any way that is or may be damaging to this Website
- Using this Website in any way that impacts user access to this Website
- Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website
- Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and WI Communications Limited may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant WI Communications Limited a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. WI Communications Limited reserves the right to remove any of Your Content from this Website at any time without notice.
5. No warranties
This Website is provided “as is,” with all faults, and WI Communications Limited express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6. Limitation of liability
In no event shall WI Communications Limited, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. WI Communications Limited, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent WI Communications Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
WI Communications Limited is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
10. Assignment
The WI Communications Limited is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between WI Communications Limited and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Malta, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malta for the resolution of any disputes.
WEBSITE HOSTING
THIS AGREEMENT is made by ordering a webiste package, a url or a domain or by accepting any other service of WI Communications
BETWEEN
1. Website or Web Application Owner, the Client, (Definition: the person or company ordering the website, service or product) and
2. Hosting Provider, the Company, WI Communications Limited or its partner firms
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client or outsource on behalf of Client the Web Hosting serivces to a firm of its choice.
TERMS
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
1. Length of Service.
Client agrees to an initial twelve (12) month contractual term of service (“Term”) or the term provided in the website package ordered.
2. Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
3. Renewal by Client.
This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 90 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
COST
Cost will be stated in offer and or in website package per year and includes the following:
· 500 MB Storage
It will also include the min requirements of a website package offered. For additional fees it will also include:
· 10 GB Bandwidth
· PCI Compliant
· Scheduled Weekly Backups
· On Demand Backups
· Phone Support
TERMS OF PAYMENT
Terms of payment are C.O.D. unless credit approval has been granted by Company. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
LATE PAYMENT FEES
Reminder fees are 35 EUR per reminder letter, the interest payable by the Client is 8 % of the total sum due.
PROPRIETARY INFORMATION
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
CENSORSHIP
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site, but has the right to do so if necessary.
WARRANTIES
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company 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 Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company 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. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
TERMINATION
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
CLEANING FEES / TERMINATION FEES
In the event the Company needs to revoke the services or product due to failure of copmlying with any provisions of the Agreement, late-payment or non-payment, the Company will charge 99 EUR termination fee. In Terms of Client Spaming, harming the system, the Client will be charged with a 99 EUR fee in case of cleaning the system by the company.
DISPUTES
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. Client can only collect costs up to 1,000 EUR from WI Communications.
INDEMNIFICATION
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
Up-Time
Company will secure an uptime of 95,5 %. In case this is not met, the client has the right of a refund of max 3.5 % of the monthly hosting fee.
GENERAL
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Malta. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Web Development Agreement – Customized (not applicable forwebsite packages)
The client (person or company who orders the service or product) requests web development services to WI Communications Limited (Developer).
1. Scope of Work
The scope of the work for Client will be listed in Exhibit A and becomes part of this Agreement. Developer will start working on this project within 7 days after Developer receives a signed copy of this Agreement and fifty percent of the total payment from Client. If the scope of work changes after agreeing to this Agreement, Client and Developer agree to negotiate and sign an amended Contract.
2. Project Milestones
Developer and Client have agreed that Developer will work on this project in phases. Developer will provide Client a milestone plan that becomes part of this agreement as Exhibit B. Exhibit B to this Agreement lists the milestones that Developer and Client have agreed on will apply to each phase of Developer’s work for Client. If the scope of work changes after Developer and Client enter this Agreement, Client and Developer agree to negotiate and enter an amended Exhibit B.
3. Final Deliverables
Developer will not deliver to Client, via Internet or otherwise, digital files containing Developer work for Client under this Agreement at all. The website package will be hosted by the Developer and will be made available after the min duration of the contract has elapsed or the Client has terminated the agreement and paid the remaining fees to the Developer AND the Client requests the digital files from the Developer in writing. Specifically, Developer will provide Client with the following once applicable for a fee of 49,90 EUR payable by the Client:
A full functioning website based upon the specifications provided by Client and agreed upon by the Developer in Website Package (See Website Package).
The website created by Developer will be up and running, online, functional and accessible by the Clients audience (known as “users”). Client is informed and understands that Developer will use its best efforts to perform hereunder.
However, Client understands that multimedia applications, websites and software are complicated and imperfect environs. Developer will attempt to to cure and remedy any unforeseen glitches, bugs and/or errors, but those efforts will be based upon the original specifications, including agreed upon modifications of Client.
4. Original Work/Conflicts/Confidentiality
Developer promises that work does not violate the patent, copyright, trade secrets or other property right of any person, firm or entity. Developer promises that this Agreement does not conflict with any other contract, agreement or understanding to which Developer is a party. Finally, Developer promises to hold and maintain in strict confidence any confidential information that Client provides (such as proprietary technical or business information), and Developer will not disclose such information to any third party except as may be required by a court or governmental authority.
5. Training
The fee Client will pay Developer for this project includes zero hours of training in the use of the software created. Should client wish to have Trainings taking place, this can be booked by paying an hourly fee of 110 EUR. Training will be conducted remotely using a screen sharing software. If Client asks Developer to train Client onsite, Client agrees to pay actual costs of traveling to Client location, including but not limited to transportation, lodging, and food expenses.
6. Payment
Client promises to pay Developer the total sum (“Fee”) of the agreed upon amount (EUR) in one payment. Full sum before Developer begins work. Any other Fee will be due immediately before Developer sends Client final files containing the software that Client approved. Payment will be made using paypal, or wire transfer. If Client asks Developer to use any third-party content (i.e. stock photos or third party software) that must be incorporated in the software Developer is creating, Client promises to pay Developer the actual cost of licensing that third-party content for work under this Agreement. Client agrees that until Client pays Developer in full, Client will not acquire the rights or license to use or transfer ownership of any software that Developer creates for Client under this Agreement.
7. Compensation
Developer agrees that the fee Client owes Developer will cover in full all of the work listed in Website Package of this Agreement. Client agrees that if Client asks Developer to make changes or do other work for Client that is not covered by this Agreement, Client will pay an agreed upon flat rate in addition to all other amounts Client owes Developer under this Agreement.
8. Feedback and Acceptance
Client agrees, that Developer cannot complete work for Client or meet agreed upon milestones unless Client gives timely feedback. Client agrees to provide timely feedback so that Developer can understand Client concerns, objections or corrections, and Client promises not to unreasonably withhold acceptance of the deliverables Developer will provide Client at each milestone.
Developer and Client agree to the following acceptance process: Developer will test the software that Developer creates for Client to make sure that it’s working properly. In turn, Client promises that Client will evaluate the deliverables Developer provided to Client at each milestone listed in website packages to this Agreement and let Developer know in writing, within forty eight (48) hours after Client receives each deliverable, whether Client accepts or rejects it. If Client rejects a deliverable, Developer will correct any errors and again ask Client to accept or reject the corrected deliverable – which Client promises to do within forty eight (48) hours after Client receives the corrected deliverable.
When Developer delivers the final files to Client and completes work for Client under this Agreement, Client agrees that Client will test the software in its entirety to determine if Developer completed the work promised Client. Client promises to let Developer know in writing within seven (7) calendar days after Developer delivers the final files whether Client accepts or rejects the final files. If Client rejects the final files, Developer will correct any errors and again ask Client to accept or reject the corrected deliverable – which Client promises to do within seven (7) calendar days after Client receives the corrected deliverable. This process shall continue until Client accepts the deliverable or seven (7) calendar days have passed and Client has not accepted or rejected a deliverable (at which point it will be deemed accepted). Finally, Client agrees that Developer work on this project will be complete and the Agreement will end after Client has approved the final files.
9. Rights To The Client Content
Client promises that: (a) Developer owns the rights to use anything Client gives me (“Client Content”); and (b) using such Client Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. Client grants Developer a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Developer’s work for Client under this Agreement and the limited promotional uses as allowed by this Agreement. Client also affirms and represents that this Agreement does not conflict with any other contract, agreement or understanding to which Client is a party.
10. Rights Before Payment In Full
Client understands and agrees that until Client pays Developer in full, Developer owns full rights to everything Developer creates for Client under this Agreement. If Client does not pay Developer in full, Client agrees that Developer can complete, exhibit, use and sell the software at Developers sole and absolute discretion (except that Developer will not be able to use Client Content in such work).
11. Rights After Payment Made In Full.
After Client pays Developer in full and the min contract time under each package elapsed, Developer assigns to Client Developers right, title and interest in the copyrights for the final software that Developer creates for Client under this Agreement – contained in the final files that Developer will send to Client for approval. Client agrees that Developer will retain and Client will not receive any right, title or interest to the preliminary work or preliminary designs that are included with the work Developer creates for Client. If Client needs additional documentation, Developer will sign any further documents reasonably necessary to make sure that the rights Developer is giving Client under this Agreement are properly assigned to Client. Client agrees that Developer may use Client name/company name and trademarks as a reference in Developers promotional materials. Client also agrees that Developer may include, when referencing Developer’s work for Client, a general description of the work under this Agreement.
12. Right To Make Changes.
Developer agrees that after Client pays Developer in full, Client may make any changes or additions to the software Developer creates for Client under this Agreement, which Client in Client’s discretion may consider necessary, and Client may engage others to make any such changes or additions, without further payments to Developer. Client agrees that if Client asks Developer to make changes or additions to the software after Client approves the final files, Client and Developer will negotiate a separate additional payment for Developer’s time to make such changes.
13. Rights To Know-How
Developer may incorporate into the software Developer creates for Client various pre-existing development tools, routines, subroutines, programs, data or materials (Know-How). Client agrees that Developer retain all rights, title and interest, including all copyright, patent, and trade secret rights to that Know-How. Developer agrees that after Client pays Developer in full, Client will receive a nonexclusive, perpetual, worldwide license to use the Know-How in the software that Developer created for Client under this Agreement. However, Client shall not resell or make use of that Know-How in any other manner other than in connection with the software Client receives under this Agreement.
14. Assurance
Developer promises that to the best of Developer’s knowledge, the software will not contain any virus, worm, trap door, back door, trojan horse, timer or clock that would erase data or programming or otherwise cause the software to become inoperable or incapable of being used.
15. Limitations of Remedies
Developer shall not, under any circumstances, be liable to Client for consequential, indirect, incidental, special, punitive, or exemplary damages or losses arising out of or related to this agreement, even if Developer is advised of the likelihood of such damages occurring. Developer’s cumulative liability for any damages arising out of or in any manner related to this agreement (including, but not limited to, claims for breach of contract, breach of warranty, negligence, strict liability, or tort, shall be limited to the amount of the fee paid by Client to Developer under this agreement.
16. Entire Agreement
This Agreement constitutes the complete and exclusive agreement between Client and Developer concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations, whether stated orally or in writing. Developer and Client can modify this agreement in writing, if both Client and Developer sign that modification.
17. Independent Contractor
Client agrees that Developer is an independent contractor and not Client’s employee. Although Client will provide general direction to Developer, Developer will determine, in Developer’s sole discretion, the manner and ways in which Developer will create the software for Client. The work that Developer creates for Client under this Agreement will not be deemed a “work-for-hire,” as that term is defined under Maltese Copyright Law. Whatever rights Developer grants Client are contained in this Agreement.
18. Rights to Use of Trade Mark
The client grants us a simple, non-exclusive right to use the client´s trade mark name, trade mark image and combined trade mark name and image (hereinafter called the “Trade Mark”) anywhere in the world and to reproduce it in the interests of the adding value to the joint enterprise. We undertake to use and reproduce the Trade Mark solely as part of the reference material of our regular clients. We acknowledge the client´s rights to the Trade Mark and undertake not to infringe these rights in any way. We may request the Trade Mark at any time in electronic form (i.e. in a version suitable for printing and displaying on screen). The Trade Mark may only be used by us in the forms and colours provided by the Client.
PRIVACY POLICY
This privacy policy discloses the privacy practices for (www.wi-client.net, www.purchase-a-website.com). This privacy policy applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at XXX YYY-ZZZZ or via This email address is being protected from spambots. You need JavaScript enabled to view it..
Registration
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
Cookies
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
Sharing
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
And/or:
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
And/or:
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
