Terms & Conditions
Terms & Conditions for Services Provided
We will not modify these T&C's arbitrarily. However, because the ways in which the internet is used, and abused, evolve over time, we reserve the right to modify it. If we do, we will provide you with written notice sent to the email address you have provided us. Unless a modification is necessary to respond to an emergency, we will give you thirty days prior notice of any modification. If a reasonable business person would believe that our modification materially alters the benefit of the bargain set out in these T&C's, you may terminate your contract prior to the expiration of the thirty day notice period. After that time, you will have been deemed to have accepted the changes.
Descriptions of the features, characteristics and limitations of the products and services we offer are as described at the time of purchase. We agree to provide the Services to you, as they are described, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
The individual or entity set out in our records is the only entity authorised to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach these T&C's. You agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
We agree to use commercially reasonable efforts to provide Client with the Services according and subject to these terms & conditions and all agreements incorporated by reference.
You must provide CWS with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable CWS to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
All software, hardware and some systems have a defined support lifetime (End of Life). Client may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by CWS in conjunction with the Services (for example, a CMS software). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. CWS has no responsibility to support End of Life items.
It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us.
An Acceptable Usage Policy (AUP) governs the usage of services provided by CWS. CWS servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Your violation of any of the terms in the AUP may result in immediate suspension or termination of your services. Read The Policy Here
A Resource Abuse Policy (RAP) will apply to maintain stable data traffic on our premium hosting Services. If a server becomes unstable and your use of the services is found to be the cause, we reserve the right to suspend your account to keep other servers online and operating normally. If your usage continues in this manner, you must either purchase an upgraded server package so the website can grow at a normal rate without restriction or terminate your account. Read The Policy Here
Fees for individual Services are set out as advised at time of purchase by CWS. We will begin to charge you for those Fees on the Effective Date of that Service. All Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. All fees are non refundable.
If you fail to pay Fees by the Due Date, a late fee will be assessed to the invoice due. For Premium Hosting Accounts 14 days past due, a late fee of €50 will be due to re-activate the service.
Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a €500 collection fee added to the balance previously due.
If you terminate a Service or Project during development, you will be liable for 100% of the total prjects cost.
Termination and Suspension
CWS may suspend your Services if you fail to pay the Fees by the Due Date, if providing them is prohibited by law or regulation, if you use End of Life software, hardware or systems on or in conjunction with the Services, or if you fail to cure a violation of our AUP or RAP within the amount of time set out in the notice, which the parties agree to be a material breach for which CWS's original notice was your opportunity to cure. In the latter case, Fees will continue to accrue until the violation is cured.
If you wish to terminate a service at any time, you are binded to notify CWS in writing and we will respond to your termination request with details of the process and any fees involved within 72 hours.
If CWS or you are unable to perform our respective obligations due to circumstances outside our reasonable control (Force Majeure Event), performance shall be excused for the period of time that these circumstances persist, contingent on our taking steps to remedy those circumstances. If CWS is unable to provide the Services for a period of thirty days or more, notwithstanding attempts to remedy the Force Majeure Event, you may terminate the affected Services.
Warranties, Limitation of Liability and Indemnification
You warrant and represent that you own, or have the right to use, any and all data, software and hardware the transmission or use of which is facilitated by the Services.
We warrant that we own, or have been given a license by a third party to provide, the Services. Other than the warranties set out in this tos, we provide no other express or implied warranties. except as set out in this tos, the services are provided as-is and as available. in addition, we disclaim any implied representations, warranties or conditions, including warranties or merchantability, fitness for a particular purpose, satisfactory quality, title or non-infringement.
CWS accepts no liability, that of its contractors, and any third party vendors, to you arising out of these T&C's. CWS makes no warranties of any kind, expressed or implied for services we provide.
The following items are outside the definition of Confidential Information: information that is, or is made, publicly available without a breach of this paragraph; was known by a party without a legal obligation to keep it confidential; is independently developed by a party without reference to the Confidential Information; is a comment or suggestion Client volunteers to improve CWS’s products or services.
Subject to this paragraph, the parties agree not to disclose the Confidential Information to third parties, other than as necessary to provide the Services, and then only for the purposes set out in the T&C's. The parties agree to take reasonable steps to ensure the security and confidentiality of the Confidential Information, steps at least as protective as those used to protect their own Confidential Information. One party shall notify the other in writing within twenty four hours of its discovery of disclosure of the Confidential Information, and cooperate with the other to regain control and prevent further dissemination of the Confidential Information.
These T&C's are the final, and full, expression of our agreement, and supersedes all prior oral and written communications between the parties about its subject matter.