The following agreement is by and between WebHero Technologies PLT and you (the Customer).
- Customer includes the person purchasing the Services or any agent or representative thereof.
- Registrant includes the person applying for a domain name or any party acting on their behalf.
- Registry means the relevant domain names Registry.
- Services means domain name registration, website hosting, email, web design and any other service or facility provided by WebHero Technologies PLT to the Customer.
- Server means the computer server equipment operated by WebHero Technologies PLT or 3rd party companies in connection with the provision of the Services.
- Website means the area on the Server allocated by WebHero Technologies PLT to the Customer for use by the Customer as a site on the Internet
2. Domain Name Registration
- WebHero Technologies PLT does not represent or warranty the availability or registrability of any domain name to the Customer. The Customer agrees that they will have no rights or cause of action against WebHero Technologies PLT if a domain name cannot be registered.
- WebHero Technologies PLT will notify the Customer when the registration of a domain name is complete.
- The registration and use of any domain name by Customer is, at all times, subject to the terms and conditions of usage applied by the Registry and the WebHero Technologies PLT General Terms and Conditions. It is the sole obligation of the Customer to ensure compliance with all such terms and conditions.
- WebHero Technologies PLT will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.
- In the event of a dispute, WebHero Technologies PLT will not be obliged to become involved or take part in a dispute but may, in its sole and absolute discretion:
– withhold or suspend a domain name; and or
– make any representations it deems fit to the Registry.
3. Domain Renewal and Web Hosting Renewal:
WebHero Technologies PLT will not automatically renew client’s account and sign-up to the services after its expiration date.
We will send out email notification to customers 30 days before the service expiration date. Client needs to provide confirmation on the renewal followed by payment. Failure to do so may result in termination and disruption of related service.
4. Service Availability
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers or from corruption by virus and we shall be under NO liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
5. Content Ownership
- The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customers.
- All information and data stored on any server by the Customer or its agent is the property of the Customer. WebHero Technologies PLT claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.
- The Customer agrees that WebHero Technologies PLT may access Customer information and data at any time to perform necessary tasks and maintenance.
6. Website Design
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, WebHero Technologies PLT cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by WebHero Technologies PLT remain the copyright of WebHero Technologies PLT and may only be commercially reproduced or resold with the permission of WebHero Technologies PLT.
- WebHero Technologies PLT hold no responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to briefs provided will be carried out at the discretion of WebHero Technologies PLT and where no charge is made by WebHero Technologies PLT for such additions, WebHero Technologies PLT accept no responsibility to ensure such additions are error-free and reserve the right to charge an according amount for any correction to these or further additions.
- WebHero Technologies PLT will not be liable for or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner e.g. any disputes re: content/ images that have been provided to us for inclusion on the site.
- A deposit of 50% is required on any project before any design work will be carried out. This deposit is non-refundable.
- Delivery: All deliverables will be made available at the latest no more than 2 months after the condition of receiving all required information, content, articles, photos etc from the client has been fulfilled. (See below Client Responsibilities Clause)
- Client Responsibilities: Client agrees to make available to WebHero Technologies PLT all material, information, products list, photos etc within 2 weeks from the date on which a 50% deposit is paid. If all the necessary content is not provided within 3 weeks, WebHero Technologies PLT reserves the right to advise the client of a revision of the price based on a new project schedule. If the content required is not provided within 6 weeks, the client is considered to be in default of the project. The project will be terminated and the deposit paid will be non-refundable. However, the project may re-commence based on a new quotation.
- Cost and Payment: Once the client confirms quotation, additional features or functions that are not stated in quotation will incur extra charges. In addition, extra charges will be imposed if the client requires changes after web design is completed. However, we do offer 30 days of free minor updating upon web design completion to allow fine-tuning as the client performs test-runs.
7. Digital Marketing Campaign
- Client agrees to and understands that Full Payment for a marketing campaign, as quoted, is to be released by the end of the period based on the quoted terms whether it be Quarterly, Half-Yearly or Yearly in order to commence any marketing work for the upcoming period.
- Invoice will be sent 1 month before the due date, the client hereby agrees to plan ahead and execute payment promptly to allow the marketing job to be carried out effectively without any disruption.
- Client understands that failing to execute the payment promptly may result in their marketing campaign being disrupted. Additional administration costs may be imposed if consistent disruption of the campaign occurs due to default in payment.
- WebHero Technologies PLT may suspend or terminate access to the Services without notice to the Customer if the Customer’s account settlement becomes overdue despite payment notification having been communicated. WebHero Technologies PLT will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
- In the event of a suspension and/ or a termination of the Services by WebHero Technologies PLT, the Customer agrees that WebHero Technologies PLT shall be entitled to:
– block the Customer website; and
– remove all data and or information located on it.
- WebHero Technologies PLT shall retain the sole discretion as to whether any data and/ or information removed is:
immediately deleted from existence in its entirety;
or withheld for such a period from the Customer, at their own expense and subject to payment of all monies owing to WebHero Technologies PLT.
- WebHero Technologies PLT reserve the rights NOT to renew the contract due to any unforeseen circumstances and will provide 1 month official notice to clients regarding said situation.
9. Changes to these Terms of Service