WEBBEZ is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Any purchases & use of WEBBEZ services/products represents acceptance and agreement to Webbez AUP as well as Webbez Terms of Service (TOS).
Webbez reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.
Fees and Expenses. Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by Customer related to Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with then current Webbez Hosting prices and policies.
Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.
All other charges for Services received and expenses incurred for Supplemental or Professional Services during a month (e.g., bandwidth usage fees) will either be billed immediately or at the end of the month in which the Services were provided. Payment for all fees is due upon receipt of each Webbez Hosting invoice.
All payments will be made in Pound sterling, U.S.or Canadan Dollar, Euro, and/or other currency as specified in our packages.. Notwithstanding anything to the contrary in this Agreement, Webbez expressly reserves the right to alter, change or amend its billing practices in its sole discretion, including, but not limited to, the date on which such billing will occur and the types of charges that will be included in such bills.
Network Transfer overage fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately.
Suspensions and Termination. Any payment not received within seven (7) days of the invoice date of the Initial Bill, Webbez reserved the right to suspend the account or terminate service without any notice.
Dedicated/Virtual Server customer/subscribers failing to secure payment within 5days of notice will incur service interruption and $100 reconnection fee for rental of dedicated/Virtual servers.
Account Cancellations. Account cancellations must be made at least 5 days in advance via e-mail with all customer details(i.e. full name, billing , transaction no & account no). Any missing information may delay the cancellation of your account. Webbez will not be responsible for additional charges made if missing data is found. Cancellation of virtual or dedicated servers must be made 30 days in advance via email, with all customer and server details. If you do not provide us with 30 days notification you will be responsible to pay all incurred fees including the forthcoming months server lease payments.
Money Back Guarantee. Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. Webbez reserved the right to determine the definition of first-time account.
A list of services that qualify for the money back guarantee program:
- Reseller Hosting [Linux Standard] purchased on website =7 Days
- Website - Developed Ready Togo = 0 days
- Optional & Add-on services =0 Days
- Private Nameserver or dedicated ips = 0 days
*Account cancellations must be made at least 5 days in advance via e-mail with all customer details (i.e. full name, billing , transaction no & account no)
* Money Back Guarantee program does not apply to items or services including but not limited to Domain Registrations, SSL Certificates, Personal Security Certificates, and/or Flash Communication Services, Dedicated ips or dns nameserver.
* Accounts cancelled/terminated by Webbez.com for violation of the Acceptable Usage Policy will not qualify for the money back guarantee. Example; if your service is cancelled due to a Spamming violation, you will not qualify for the money back guarantee refund.
* Please allow 7 days for refunds made by credit card.
*Please allow 4-6 weeks for refunds made by check or money order payments.
Billing Disputes. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Webbez sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Webbez an "Administrative Fee" of not less than $50 and not more than $150.
Term. This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.
Dedicated/Virtual Servers terms. Server rental charges will be incurred immediately at signup and login details will be given within max. 5 days after full payment. Webbez manages your server in case of failures or hardware problems. The initial setup is completed by us including the installation of all OS's and cPanel. There are NO refunds on dedicated/Virtual servers, although downtime is credited in the form of account credits or bandwidth upgrades. Please check our Service level agreement.
Acceptable Use . Customer's use of Provider's services is further governed by the Provider's Web Hosting "Acceptable Usage Policy" ("AUP") which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP.
Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer's website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer's material submitted to Provider for publication. Provider's publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider's control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labour difficulties; failures, shortages, breaches or delays.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Provider's facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labour and materials.
Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended - unless otherwise specific in a special agreement.
Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.
Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
Data Back-up. Customer is responsible for independent backup of data stored on Provider's servers; unless the Customer's Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.
Downtime. Is defined as any Webbez scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
Domain Names. Domains purchased through Webbez are bound to the following guidelines. 1) Domains offered at discount rates (promotions), are not released to the customer for 90 days. 2) If a client purchases a YEARLY account with domain, the domain will be released to the customer after 30 days. 3) Domains offered at normal general rates will remain the full owner and controlling entity for the Customer's established domain name. There are NO REFUNDS for domains!
Abuse towards Our Staff or Network Staff. Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or direct anything to us that we find offensive- your account may be suspended or terminated.
INDEMNIFICATION. Webbez wishes to emphasize that in agreeing to Webbez Acceptable Use Policy (AUP) and Terms of Service (ToS), you as a customer agree to protect, defend, hold harmless, and indemnify WEBBEZ, any third party entity related to WEBBEZ (including, without limitation, third party vendors), and WEBBEZ's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as WEBBEZ, from and against any and all liabilities, losses, costs, judgments, damages, claims, obligations, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of WEBBEZ's services.
Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to (a) claims alleging Provider's infringement of the proprietary rights of third parties; or (b) Provider's contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.
DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBBEZ (INCLUDING, WITHOUT LIMITATION,WEBBEZ's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS WEBBEZ, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBBEZ's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICES, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBBEZ SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WEBBEZ SERVICES EVEN IF WEBBEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBBEZ's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR WEBBEZ's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WEBBEZ OR WEBBEZ's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
MODIFICATIONS. WEBBEZ reserves the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements at any time without notice. WEBBEZ may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Webbez's services. Certain changes to Webbez's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Webbez is not liable, for any and all such personalized applications and content, except as expressly agreed to by Webbez.