Terms of Service
Terms Of Service
Effective use of the services provided by Wicked Web Wizard presupposes a basic degree of knowledge and skill on the part of the Client. Wicked Web Wizard will accordingly not be held responsible for the Client's inability to utilize the services due to the Client's lack of the requisite knowledge and skill.
The Client will use the web hosting services in a manner consistent with all laws as applicable to the Republic of South Africa and all rules, regulations and usage customary to services of this kind. Wicked Web Wizard reserves the right to suspend or terminate the Client's access to any or all of the services should Wicked Web Wizard in its sole discretion finds that the client’s account has been used inappropriately and or in contradiction to the above
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client's account or Wicked Web Wizard's services. Wicked Web Wizard shall be the sole arbitrator as to what constitutes violation of this provision:
- Transmission, storage, or presentation of any information, data or material in violation of any South African law.
- Copyrighted material used without permission.
- Material or activities judged by Wicked Web Wizard to be threatening, obscene, disparaging, or hate-related.
- Material protected by trade secret or other statute.
- Content that promotes any illegal or prohibited activity.
- Content that may be damaging to Wicked Web Wizard's servers or to any other server on the Internet.
- Harassing, annoying, or otherwise interfering with any person's, groups, or organization’s use or enjoyment of the Internet experience.
- Links or reference to any of the above.
Unauthorized use of other people's accounts or computers
Wicked Web Wizard will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, etc. all of which will be regarded as inappropriate use as envisaged in clause 2 hereof.
All contents stored by the Client shall at all times remain the property of the Client. The Client grants to Wicked Web Wizard non-exclusive, world-wide license to the content only to the extent necessary for Wicked Web Wizard to host the server(s).
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. Wicked Web Wizard reserves the right to change prices at any time. Any account not brought current within 5 days of email notice or exceeding this time frame in any way is subject to suspension or termination. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies Wicked Web Wizard in writing of termination of the services. Email notification will be sent to the Client prior to their hosting renewal date. The Client is responsible to reimburse Wicked Web Wizard all bank charges caused by declined credit card payments as well as the outstanding amount. Wicked Web Wizard reserves the right to bill the Client for special handling fees.
The Client may terminate this agreement upon 30 (Thirty) days prior written notice to Wicked Web Wizard by email. Wicked Web Wizard may immediately terminate this Agreement for any cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any South African law; non-payment of fees due; or, breach of this Agreement. Wicked Web Wizard may terminate this Agreement immediately without any cause at any time on 31 days prior written notice to the Client.
Cancellation and refund
Due to security concerns, all account cancellations must be done in writing via mail with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. No refunds are permitted by Wicked Web Wizard, however the discretion of the Director/s may warrant a refund in the case of Provider error.
Limitation of Liability
The Client agrees that Wicked Web Wizard will be not liable for any:
- suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement;
- interruption of business;
- access delays or access interruptions to the server(s) provided through or by the services;
- loss or liability resulting from acts of God;
- data non-delivery, miss-delivery, corruption, destruction or other modification;
- events beyond the control of Wicked Web Wizard; or
- loss or liability resulting from the unauthorized use or misuse of the client's account identifier or password The Client further agrees that Wicked Web Wizard will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, delict (including negligence), or otherwise, regardless of whether or not Wicked Web Wizard has been advised of the possibility of such damages
The Client indemnifies Wicked Web Wizard and holds it unaccountable against all liability, claims, damages, cost and expenses caused by and or related to non-accessibility time, other down time or during system unavailability due to programme updates or modifications to programmes and shall have no claim against Wicked Web Wizard in this regard.
Disclaimer of Warranties
Wicked Web Wizard makes no representations nor provide warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. The client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the services is done at the Client's own discretion and risk and that they will be solely responsible for any damage to the Client's computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from Wicked Web Wizard shall create any warranty or representation by Wicked Web Wizard not expressly made herein.
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa. IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
Section 1 - What do we do with your information?
When you purchase something from our site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our site, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing: we may send you emails about our site, new products and other updates
Section 2 - Consent
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, we imply that you consent to our collecting it and using it for that specific reason only. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com
Section 3 - Disclosure
We may disclose your personal information if we are required by law to do so
Section 5 - Third-party Services
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Section 6 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Section 7 - Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Questions and contact
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Office at firstname.lastname@example.org
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