Terms & Conditions
Last updated: September 15, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to JW Web Services, Tassel Rd 23, Zagersgut, St. Maarten.
- Country refers to: Netherlands Antilles
- Service refers to the service you have purchased with JW Web Services. This is, but not limited to, Website design, Website hosting, Domain registration, E-mail hosting, VPS server hosting, VPS server management, Anti-virus service, SSL Certificate(s), Remote Assistance with TeamViewer or any other service that JW Web Services provides.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to JW Web Services, accessible from https://www.jwwebservices.sx
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
1. LICENSE GRANT AND RIGHT OF USE
1.1. License Grant. Subject to all limitations and restrictions contained herein and the Quote, Service Provider grants Customer a term subscription, software as a service (‘SaaS’), nonexclusive, and nontransferable right to access and operate the object code form of Applications (and use its Documentation) as hosted by Service Provider as described in the Quote (“Use”) and solely to perform those functions described in the Documentation. For clarity, an “Application” means Service Provider’s proprietary software that is specifically licensed to Customer pursuant to a Quote.
1.2. Use. Customer will have a limited right and license to Use the Application solely for its internal business purposes, to perform the functions described in the Documentation. Customer shall not allow any website that is not fully owned by Customer to frame, syndicate, distribute, replicate, or copy any portion of Customer’s web site that provides direct or indirect access to the Application. Customer shall not allow any website, that is not fully owned by Customer, to frame, syndicate, distribute, replicate, or copy any portion of Customer’s web site that provides direct or indirect access to the Software. Unless otherwise expressly permitted in the Quote and subject to Section 1.5, Customer shall not permit any subsidiaries, affiliated companies, or third parties to access the Software.
1.3. License Type. Unless otherwise specifically stated in the Quote, the type of license granted is a per Staff User Account. Customer shall ensure that the number of the active Staff User Accounts is equal to or less than the number of Staff User Accounts for which the Customer has subscribed. Customer is responsible for ensuring that access to a Staff User Account is not shared. Only one individual may authenticate to one Staff User Account. Hardware or software Customer uses to pool connections, reroute information, or reduce the number of users that directly access or use the Software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses or active Staff User Accounts Customer needs. A “Staff User Account” subscription license means that the Application licensed pursuant to the Quote may be Used by a limited number of individual users, each identified by a unique user id the maximum number of which is specified in the Quote. Customer may designate different Staff User Accounts at any time without notice to Service Provider so long as the permitted number of Staff User Account is not exceeded.
1.4. Additional Restrictions. In no event will Customer disassemble, decompile, or reverse engineer the Application or Confidential Information (as defined herein) or permit others to do so. Disassembling, decompiling, and reverse engineering include, without limitation: (i) converting the Application from a machine-readable form into a human-readable form; (ii) disassembling or decompiling the Application by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; (iii) examining the machine-readable object code that controls the Application’s operation and creating the original source code or any approximation thereof by, for example, studying the Application’s behavior in response to a variety of inputs; or (iv) performing any other activity related to the Application that could be construed to be reverse engineering, disassembling, or decompiling. To the extent any such activity may be permitted pursuant to written agreement, the results thereof will be deemed Confidential Information subject to the requirements of these SaaS Terms. Customer may use Service Provider’s Confidential Information solely in connection with the Application and pursuant to the terms of these SaaS Terms.
1.5. Authorized Users. Unless otherwise specifically provided in the Quote, “Authorized Users” will only consist of: (i) employees of Customer, and (ii) subject to Section 5 (Confidentiality), third party contractors of Customer who do not compete with Service Provider (“Permitted Contractors”). Permitted Contractors may Use the Software only at Customer’s place of business or in the presence of Customer personnel. Customer is fully liable for the acts and omissions of Permitted Contractors under these SaaS Terms and applicable Quote.
1.6. Customer License Grant. Customer grants to Service Provider a non-exclusive, royalty-free license to access, use, reproduce, modify, perform, display and distribute Customer data as is reasonable or necessary for Service Provider to perform or provide the Application.
1.7. Third Party Software. The Services may contain third party software that requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions may be requested from Service Provider and are made a part of and incorporated by reference into these SaaS Terms. By accepting these SaaS Terms, Customer is also accepting the additional terms and conditions, if any, set forth therein.
2.1. Fees. Customer shall pay Service Provider the fees indicated on the Quote. Unless otherwise provided in a Quote, all fees are to be paid to Service Provider within thirty (30) days of the date of invoice. Any late payment will be subject to any costs of collection (including reasonable legal fees) and will bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial periods) or at the maximum rate permitted by law, whichever is less. If Customer has set up a direct debit, Service Provider will not debit Customer’s designated account before seven (7) days have elapsed from the date of the invoice. If Customer is delinquent on a payment of fees for fifteen (15) days or more, Service Provider may suspend access to the Application. Complaints concerning invoices must be made in writing within thirty (30) days from the date of the invoice. Invoices will be sent by electronic delivery unless requested otherwise by Customer, additional fees will apply.
2.2. Taxes. The license, service fees, and other amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall reimburse Service Provider and hold Service Provider harmless for all sales, use, TOT, excise, property or other taxes or levies which Service Provider is required to collect or remit to applicable tax authorities. This provision does not apply to Service Provider’s income or franchise taxes, or any taxes for which Customer is exempt, provided Customer has furnished Service Provider with a valid tax exemption certificate.
3.1. Service Availability. Service Provider will use reasonable efforts to achieve Service Provider’s availability goals described in the ‘Service Level Agreement for SaaS.’
3.2. Support Services. Upon payment of the relevant fees on the applicable Quote, Customer may receive certain support services for the Application pursuant to the ‘Support Arement for SaaS.’ For all other support, the contact information for Bitdefender can be found in this document under “Anti-Virus Subscriptions”.
4. LIMITATION OF LIABILITY
4.1. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEYS FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES.
4.2. Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SERVICE PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
4.3. THE FOREGOING LIMITATIONS APPLY EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
5. TERM AND TERMINATION
5.1. Subscription Term. The term of these SaaS Terms will continue until the termination of the last Quote.
5.2. Termination by Service Provider. These SaaS Terms and any license created hereunder may be terminated by Service Provider: (i) if Customer fails to make any payments due hereunder within fifteen (15) days of the due date; (ii) on thirty (30) days written notice to Customer if Customer fails to perform any other material obligation required of it hereunder, and such failure is not cured within such thirty (30) day period; or (iii) Customer files a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern.
5.3. Termination by Customer. These SaaS Terms may be terminated by Customer before the first (1st) of the following month if Service Provider fails to perform any material obligation required of it hereunder. Customer us required to give notice by email of termination of one or more licenses. If subscription is paid on a monthly basis, Customer will not be billed for new month. If subscription is paid on annual basis and customer has used, e.g., six (6) months, customer will receive reimbursement of remaining months. In example given, 6 month reimbursement will occur.
Termination after the first (1st) of the month will result in billing of the new month. If subscription is paid on a monthly basis, Customer is liable for charges for new billed month. If subscription is paid on annual basis and customer has used, e.g., six (6) months and one (1) day, customer will receive reimbursement of remaining months minus one. In example given, 6 months and 1 day has been used. Customer will receive 5 months reimbursement.
Reimbursement will occur no later than thirty (30) days after notification of termination.
5.4. Effect of Termination. Upon termination of these SaaS Terms, Customer shall no longer access the Software and Customer shall not circumvent any security mechanisms contained therein.
5.5. Other Remedies. Termination of SaaS Terms will not limit either party from pursuing other remedies available to it, including injunctive relief, nor will such termination relieve Customer’s obligation to pay all fees that have accrued or are otherwise owed by Customer under these SaaS Terms.
6. CUSTOMER OBLIGATIONS
6.1. Customer agrees that no employees of Service Provider will be required to individually sign any agreement in order to perform any services hereunder including, but not limited to, access agreements, security agreements, facilities agreements or individual confidentiality agreements.
6.2. Customer agrees to comply with all applicable laws, regulations, and ordinances relating to these SaaS Terms.
6.3. The Customer shall be obliged to inform its Authrorized Users before the beginning of use of the Software about the rights and obligations set forth in these SaaS Terms. The Customer will be liable for any violation of obligations by its Authrorized Users or by other third parties who violate obligations within the Customer’s control.
6.4. The Customer shall be obliged to keep the login names and the passwords required for the use of the Application confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions, and to instruct its Authourized Users to observe copyright regulations. Personal access data must be changed at regular intervals.
6.5. Service Provider has the right (but not the obligation) to suspend access to the Application or remove any data or content transmitted via the Application without liability (i) if Service Provider reasonably believes that the Application is being used in violation of these SaaS Terms or applicable law, (ii) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that Service Provider shall use commercially reasonable efforts to notify Customer prior to suspending the access to the Application as permitted under these SaaS Terms, or (iii) as otherwise specified in these SaaS Terms. Information on Service Provider’s servers may be unavailable to Customer during a suspension of access to the Software. Service Provider will use commercially reasonable efforts to give Customer at least twelve (12) hours’ notice of a suspension unless Service Provider determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect Service Provider or its customers.
The VPS Agreement governs the terms and conditions in which You (“Client”, “You” or “Your”) purchase a new VPS or Dedicated Server through JW Web Services.
This Agreement is divided into the two following parts:
Part 1: are General Server Terms and Conditions
Part 2: are “Custom Work” Terms and Conditions
Part 1 – General Server Terms and Conditions
1. Scope of the Agreement
1.1 This Agreement governs the provision of VPS or Dedicated Server services to You by JW Web Services, in addition to certain maintenance relating to the same (the “Services”).
1.2 The Services consist of JW Web Services providing a VPS or Dedicated Server via third party and making this accessible to you. Third party providers can consist of one or more of the following providers:
- Amazon AWS
- Google Cloud Platform
- ReliableSite Platform (dedicated servers)
- HostGator (dedicated servers and VPS)
- If use of another third party not listed here is used, name and contact information of third party will be provided in estimates and preliminary contact before agreement is made
1.3 JW Web Services agrees to provide the use of a Virtual or Dedicated Server to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation.
1.4 Subject to events outside of our control (see Clause 2 below), JW Web Services additionally agrees to maintain the hardware on which the Virtual or Dedicated Server is located and keep the Server running. You acknowledge that JW Web Services is not responsible for managing the content of the Server in any way.
1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Server.
1.6 Access to the Virtual Server is limited to You and anyone authorized by You. You acknowledge and consent that 123 Reg may require limited access to your Virtual Server as and when necessary without further notice to you.
1.7 In the event of price changes from third party providers for Virtual or Dedicated server occur, JW Web Services will inform Customer of changes. If a reduction of price occurs, JW Web Services will automatically amend following and future invoices. If an increase in price occurs, JW Web Services has the right to increase future invoices, but only after a sixty (60) day notification to Customer. After the sixty (60) day notification period or two (2) monthly billing cycles, Customer will be expected to pay increased rate.
1.8 During sixty (60) day notification period, Customer has the right to cancel contract without penalty fees. PLEASE NOTE: Right to cancel in the event of price INCREASE does not apply if upgrading service, changing service, adding additional modules or services or changing subscription type (e.g. yearly to monthly).
2. Service Delivery
2.1 Every reasonable effort is made by JW Web Services to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond JW Web Services’ control, you acknowledge that given the nature of such services, JW Web Services cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by JW Web Services to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, JW Web Services gives no warranty or representation that:
2.2.1 the Services will meet the Client’s increasing demands;
2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3 any results obtained from use of the Services will be accurate, complete or current; or
2.2.4 the Services provided will be compatible with any files or software You install or upload to the Virtual Server.
2.3 If You upgrade or rebuild (i.e. restore the default settings) Your Services at any time during the term of the Services You acknowledge that the Virtual Server reboots immediately. As such, JW Web Services will not be liable for any loss of data or other consequences of such action.
2.4 Migration of Servers. You acknowledge and agree that, in the normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number(s). We do not warrant that you will be able to consistently maintain your given IP number(s). Shutting down Server may also result in server being assigned a different IP number(s).
3. Fees and Billing
3.1 The Services shall be charged in accordance with the fees set by JW Web Services as set out in the Order Confirmation. These may be varied from time to time and published on the JW Web Services website.
3.2 Setup fees, monthly/yearly fees and possible penalties incurred by data bandwidth exhaustion will be provided in advance of agreement in pro-forma estimate. Unless otherwise specified, e.g. price change by third party, up- or downgrade or change in subscription type, all fees in pro-forma estimate, including setup fees, monthly/yearly fees and possible penalties of bandwidth will be invoiced on agreed upon term of payment.
3.3 When the Services are renewed in accordance with the Agreement, the fees will be charged at the last invoice raised.
3.4 Customers who purchase a VPS or Dedicated Server with Windows server (2008/2012/2016) operating system acknowledge that payment is made out to JW Web Services and not Microsoft. Any and all additional licenses for Windows server, such as terminal licenses, user licenses, etc., are the sole responsibility of Customer. JW Web Services can NOT be held responsible for insufficient licenses by Customer.
3.5 If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.
3.6 If Customers downgrade the specifications of their Services during the term of the Agreement, the price difference in relation to the remainder of the current billing period will not be refunded. The full price of the downgrade will then be charged at the start of the following billing period. The Services will remain at the specifications before Customers action the downgrade until the end of the current billing period.
3.7 Customers may change their billing periods from monthly to yearly and vice versa by contacting JW Web Services or via their respective third party control panel.
3.8 In the event that Customers change their billing periods from monthly to yearly, Customers will be billed from the start of the next calendar month.
3.9 In the event that Customers change their billing periods from yearly to monthly, pro-rata refunds will not be made to the customer due to annual payments being made in advance. The next monthly invoice raised will be after the end of the initial term.
4. Expiry and Cancellation
4.1 Customers acknowledge that where an expiry date is displayed in the Customer’s Control Panel, the VPS or Dedicated Server and its associated services will automatically suspend immediately after expiry and shall be cancelled and deleted 30 days after expiry.
4.2 Customers may terminate their contract with JW Web Services by contacting Support via telephone on 1-727-362-3613 (US phone number) or +31 (0)36-369-0063 (Netherlands phone number) or by emailing firstname.lastname@example.org.
4.3 Customers may cancel any Add-ons via their Control Panel.
4.4 Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full back up has been made by them prior to cancelling.
4.5 In the event that Customers cancel their JW Web Services services mid-way through their contract with us, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
4.6 In the event that Customers wish to continue with using JW Web Services but have set their contract to cancel by a specified date, Customers may reactivate their services with us prior to the specified date by informing Support.
5. Upgrades and Downgrades
5.1 Customers may upgrade or downgrade their services via their respective third-party Control Panel.
5.2 For terms in relation to Billing with Upgrades and Downgrades, please see sections 3.3 and 3.4.
6. Appropriate Usage of the Services
6.1 Server(s) can not be used for the following:
- Pornography or child pornography
- Mass emailing or unsolicited mailing
- Spreading of hate, racist, biassed or oppressing photo’s, videos or speech
- Spreading of illegally obtained software, music, videos or giving access to same
- Illegal activities such as: hacking, attempting to hack, spreading of viruses or malware, ransomware or providing of illicit services
6.2 Server(s) found to be in breach of these terms either by internal audit or external complaint can be terminated immediately without prior consent and proper authorities may be contacted
6.3 All requests made by judicial instances, e.g. police or higher, court order, etc., with proper documentation will be met within an acceptable time frame. Upon receipt of documentation, server access by customer will be suspended without prior consent to prevent tampering, and will only be unsuspended at such a time as the proper authorities inform JW Web Services of the termination of their investigation. Customer is required to continue payment of services during this time, or risk heavy fines. Any and all penalties, legal actions and termination fees incurred are for Customer. JW Web Services can and will NOT be held accountable for content or activities of servers.
7.1 The 24-hour, 7 seven days a week Support offered by JW Web Services relates to hardware and network support only.
7.2 JW Web Services does not provide phone or e-mail support or other technical assistance for the administration of the Virtual or Dedicated Server or otherwise related to the Services.
7.3 You acknowledge that JW Web Services’ support does not cover software or any other content uploaded or installed by You or third parties authorized to access Your services including Windows Server.
7.4 JW Web Services provides ticket based Support 7 days a week from 8AM until 4PM unless otherwise specified by Service Level Agreement. Reply time is based on urgency and can be broken down into the following classes:
- Server or Service(s) Offline – Highest priority: Reply time < 2 hours even after hours
- Server or Service(s) slow to respond – Medium priority: Reply time is Same day if given in during opening hours. If given in after 4PM, reply time will be the following day
- Login issues, firewall issues, or issues not related to primary service of server – Low priority: Reply time < 2 days
- Information request or general questions and advice – no priority: Reply time < 4 days
8. Your Additional Responsibilities
8.1 By hosting information on a Virtual or Dedicated Server, depending on the configuration of the Server, You acknowledge that such information may be accessible to all Internet users. JW Web Services does not limit or restrict access to this information, nor do We protect any of this information from copyright infringement or other wrongful activity taken by third parties. As such, You assume full responsibility and risk for Your use of the Server.
8.2 It is Your sole responsibility to assess and determine the accuracy, completeness and quality of the Services provided to You by JW Web Services.
8.3 The JW Web Services Server is an unmanaged server and therefore, it is Your sole responsibility to ensure that Back Ups of Your data is taken. Managed services are available upon request.
9. Remedies & Limitations
9.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO JW Web Services IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.
9.2 In no event shall JW Web Services be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.
9.3 1JW Web Services is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:
9.3.1 the active or passive negligence of JW Web Services, You or any third party;
9.3.2 downtime due to scheduled maintenance;
9.3.3 an upgrade, downgrade or other alteration to Your Services or the Server;
9.3.4 hardware failure, (including issues caused by other users on hardware);
9.3.5 Incompatibility; or
9.3.6 Your error.
9.4 JW Web Services may limit or deny access to Your Services and its systems if, in JW Web Services’ judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.
Part 2 – Custom Work Terms and Conditions
1. Custom Work
1.1 JW Web Services and Customer enter an agreement to supply Virtual or Dedicated server meeting requirements as stipulated in a Service Level Agreement. Once a Service Level Agreement has been made and signed by JW Web Services and Customer, and down payment has been paid, JW Web Services will proceed to procure the server and start with the installation to meet Customer requirements.
1.2 JW Web Services will maintain a username and password to the server. However, JW Web Services will only use this information when requested and only with explicit permission of Customer. It is requested that the user created for this purpose is not altered, changed or removed for any reason. The information will be stored in an encrypted data vault provided by LastPass for access by JW Web Services.
1.3 The custom work provided by JW Web Services is a one-off installation. In the event of alterations, integrations with other software, modifications by Customer or authorized persons by Customer, removal by resetting Server, or any other actions that result in partial or complete data loss or corruption is at the responsibility of Customer. It is therefor recommended to make backups of all files before making changes. Once JW Web Services and Customer agrees that server has met stipulated requirements as agreed upon in Service Level Agreement, the Server is the sole responsibility of Customer. Any damages to the installation of server including services, e.g. web server, after handover of server are thereby responsibility of Customer
1.4 One-time fixes and/or managed services for Servers are available at additional costs and can be entered during initial Service Level Agreement or afterwards. Separate Service Level Agreement for one-time fixes and/or managed services for Servers will be provided upon agreement by JW Web Services and Customer.
1.5 Some services, such as the installation or renewal of a SSL Certificate, may come with a free one-time fix at no additional costs. This does NOT apply for SSL certificates provided by Let’s Encrypt. A SSL certificate by Let’s Encrypt can be installed and automatically renewed by JW Web Services for a one-time installation fee of $25 for 1 service and/or domain. In the event of multiple domains and/or multiple services (e.g. web server and mail server), additional costs may be incurred. This will be discussed before installation of Let’s Encrypt.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com