Weblogica Internet - Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our services described on our website www.weblogicainternet.com to you ("Services"). Our primary services are a domain name registration and renewal service https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-domains.php ("Domain Registration and Renewal Service") or our website hosting services https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-hosting.php ("Hosting Service").
Please read these terms and conditions carefully before ordering any Services from our website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Please read through these terms and conditions carefully and print a copy for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them when placing any orders. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.
1. Privacy policy and newsletter
1.1 You acknowledge and agree to be bound by the terms of our privacy policy https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-privacy.php
1.2 By placing an order for the Services, you consent to us sending to you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our website, notify you of planned outages and updates, and keep you informed about our services generally.
2. Information about us
2.1 www.weblogicainternet.com is a site operated by Weblogica Internet ("we", "us" and "our"). We are registered in the Zurich, Switzerland.
3. Your status
3.1 By placing an order through our website, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
3.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order
4. The order process
4.1 You can only place an order for the Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. You agree that we may block access to your account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your user name and password has become known to someone else.
4.2 Before you submit an order (by clicking the "Submit Order" button) you will be shown your order on screen including details of the Services you have wish to order and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the Services.
4.3 You will only be allowed to submit an order once you have registered a credit card or debit card on your account or set up a paperless direct debit.
4.4 After placing an order for the Services we will give you details of the Services you have ordered. We will send the same details to you in an email, together with an invoice, to the email address you provided when you registered your account with us.
4.5 You can view copies of the invoices we have sent you and details of what you have purchased from our website by logging into your account.
5. How the contract is formed between you and us
5.1 After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated ("Acceptance Confirmation"). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us ("Contract") will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
5.2 The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.
6. Our status
6.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
7. Consumer rights
7.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, applicable law allows you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
7.2 This provision does not otherwise affect your statutory rights.
8. Our limited money back guarantee
8.1 Once the Contact has been formed you may, subject to clause 8.2, only cancel the Contract in relation to the Hosting Service you have purchased (unless your Hosting Service includes the use of a dedicated hosting server in which case you may not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
8.2 To cancel the Contract under clause 8.1, you must inform us in writing through our support ticket system found within your control panel before the end of the thirty (30) day period mentioned in clause 8.1. As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation under clause 8.1 will be ineffective.
8.3 You will not have any right under clause 8.1 to cancel the Contract for the supply of any other Services other than that noted in clause 8.1. Therefore, the Services which may not be cancelled include (but are not limited to):
8.3.1 Hosting Services where you request a dedicated hosting server;
8.3.2 Domain Registration and Renewal Services; and
8.3.3 Use of SSL certificates and other 'add on' products.
9. Price and payment
9.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error.
9.2 The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.
9.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3) expires. If you do not agree to such price changes, please cancel your Services in accordance with clause 20.3.1. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.
9.4 Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 You must register a payment method for the Services you have ordered before submitting your order. You may pay by credit or debit card or, alternatively, you may set up a paperless direct debit against your account. We will take payment from the payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter. If we subsequently reject your order, we will refund the payment you have made to the credit card, debit card or other account you used to make the payment.
9.7 Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in clause 20.3) that applies to it (unless you have cancelled the Service under clause 8.1) even though you may pay by monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your Services under clause 20.3.1. If you do so, we will seek to recover any outstanding payments due to us by other means, including by taking appropriate legal action.
9.8 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.
10. Quality
10.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
10.2 We will not be liable for a breach of the warranty in clause 10.1 unless:
10.2.1 you give written notice of the breach to us through our support ticket found within your control panel; and
10.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
10.3 We will not be liable for a breach of the warranty in clause 10.1 if:
10.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or
10.3.2 you alter the Services without our written consent; or
10.3.3 the problem arises because of misuse.
10.4 Subject to clause 10.2 and clause 10.3, if we are in breach of the warranty in clause 10.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 10.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.
10.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect.
10.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
11. Access to the Hosting Service
11.1 You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-aup.php) and that they comply with them.
12. Hosting Service service levels
12.1 We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-status.php on our website and through our newsletter.
12.2 Service credits are not given for any form of downtime or service unavailability.
13 IP addresses
13.1 You will have no right, title or interest in any internet protocol address ("IP address") allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
13.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
13.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.
14. Back-up of your material and our servers
14.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers ("Material") as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
14.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
15. Hosting Service usage limitations
15.1 All our Hosting Service packages come with an unlimited web space allowance provided that: 15.1.1 your Material is linked into web pages;
15.1.2 you do not use the Hosting Service as a backup of, or repository for, your Material;
15.1.3 you maintain good housekeeping to maintain your Material; and
15.1.4 your comply with our acceptable use policy https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-aup.php.
15.2 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage via your control panel.
15.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server's processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
15.4 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.
15.5 When using the Services, you must comply with our terms of website use https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-tou.php and our acceptable use policy https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-aup.php and these are incorporated into the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
15.6 We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you are in breach of our terms of website use https://web135.secure-secure.co.uk/weblogicainternet.com/hp/m-tou.php or our acceptable use policy sales@weblogicainternet.com
16. Support
16.1