Preamble : It is hereby univocally agreed that: These Terms and Conditions shall apply to - any and all - present and/or further contractual agreements between Webgo Network Group Inc. [ henceforth referred to as 'Webgo Network Group Inc.' and/or the 'Service Provider' ] and the individual or legal entity [ henceforth referred to as the 'Customer' and/or the 'Client' ] applying for the provision of products and services of any kind from Webgo Network Group Inc. subject to the following:
In this agreement, the following expressions shall have the following meanings:
01.1 Service Provider : means Webgo Network Group Inc. and vice versa Webgo Network Group Inc. means the Service Provider.
01.2 Client and/or Customer : means any individual, partnership, trust, government body and/or agency, corporate entity [ whether private or public of any kind ], non-governmental agency or charitable organization.
01.3 Client Equipment : means the equipment, cabling, systems and software provided by the Customer in connection with the relevant products and/or services ordered.
01.4 Commencement Date : means the date upon which Webgo Network Group Inc. confirms acceptance of the Customer's offer to pay for the products and/or services in accordance with these Terms and Conditions.
01.5 Confidential Information : means any information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary.
01.6 Contract : means any agreement entered into for the provision of any products and/or services which arises from the acceptance by Webgo Network Group Inc. of an order, and which shall be on and subject to these Terms and Conditions.
01.7 Domain Name Management : means the processing of Domain[s] Name[s] registration, renewal and/or transfer orders with the relevant Naming Authority on the Customer's behalf and any such additional relevant services as may be agreed between the parties.
01.8 Duration Period : means the period commencing on the Commencement Date and expiring on the date the agreement is terminated in accordance with Paragraph 06 of these Terms and Conditions.
01.9 Fees : means any amount [ including any VAT/GST/HST/IVA etc. ], due for the provision of products and/or services as calculated in accordance with the most up to date price list.
01.10 Hardware : means the equipment, cabling and systems provided by Webgo Network Group Inc. in connection with the provisioning of any products and/or services.
01.11 Hosting services : means the website hosting services provided by Webgo Network Group Inc..
01.12 Inappropriate Material : means any material that under the laws of any jurisdiction where the material can be accessed is any of the following: unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed unacceptable material, profane, libelous, defamatory, breaches the rights [ including without limit intellectual property rights ] of any third party, constitutes or encourages a criminal offense or contains a virus, worm, Trojan horse or any other harmful code.
01.13 Intellectual Property Rights : means any copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
01.14 Webgo Network Group Inc. website : means any website, microsite or online subsidiary site, trading under the Webgo Network Group Inc. name or any other name where such site is clearly identified as a Webgo Network Group Inc. website.
01.15 Content Material : means any text, graphics, images, sound, video or any combination thereof regardless whether such material origin is proprietary, that of Webgo Network Group Inc., that of any third party or provided by us upon request to the customer or vice versa provided by the customer to us for any purpose whatsoever.
01.16 Netiquette : means generally accepted standards or restrictions for use of the Internet such as but not limited to, sending bulk unsolicited e-mails, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person.
01.17 Price List : means a list of prices or a cumulative set of prices advertised for each of the products and/or services we provide, available on any website, microsite or subsidiary site, trading under the name of Webgo Network Group Inc. or any other name where such site is clearly identified as a Webgo Network Group Inc. website.
01.18 Order : means the Customers application for any products and/or services through an online order form, mail, by phone, fax, e-mail or in person, or by adding items to the shopping basket and passed beyond the checkout phase. The confirmation and payment by the Customer of any such order, indicates his/her or the entity agreement to these Terms and Conditions or any other Terms and Conditions governing such order[s].
01.19 Relevant Legislation : means any law or suite of laws relating to or relevant to the provision of products and/or services, customer rights, tort, contract, data protection and so forth that can be referenced or relied upon to ascertain the legality of any of all of the above and below, and henceforth mentioned and valid on the jurisdiction on which any such orders for products and/or services, contracts, rights or privileges are born or entered into.
01.20 Services : means the services identified in any order submitted, to be provided by Webgo Network Group Inc. to the Customer including without limitation Domain[s] Name[s] registration, renewal and transfer services, Hosting services, Server[s] provisioning services, Design services, Data Transfer services, etc.
01.21 Software : means the computer software programs provided by Webgo Network Group Inc. in connection with the provisioning of any products and/or services.
01.22 Website Design/Development services : means the completion of a website design/development package as specified on the Webgo Network Group Inc. site and/or in accordance with any request[s] as supplied by the customer.
01.23 Working Day : means a day other than a Saturday or Sunday, between the hours of 09:00 to 13:00 and 14:00 to 18:00, on which the Clearing Banks are open to the public for the transaction of business.
01.24 Working Hours : means 09:00 to 13:00 and 14:00 to 18:00 on each working day.
02.1 In consideration for the payment of the fees calculated correctly in accordance with the prices shown on any Webgo Network Group Inc. website, microsite or subsidiary site at the time of the completion of an order by the Customer or of placing of an order by the Customer in person, by telephone, fax, e-mail or post, Webgo Network Group Inc. agrees to provide the products and/or services on the time and manner and to the specification described or agreed upon at the time of ordering.
02.1.1 Domain[s] Name[s] are registered, renewed and/or transferred for the period specified at the time of ordering, and at the then current rates, as published on any Webgo Network Group Inc. website, microsite or subsidiary site, subject to Clauses 02.14, 10.3 and 10.16.
02.1.2 Shared Hosting minimum provisioning contract period is 1 [ one ] month, at the rate specified in Webgo Network Group Inc. price list as published on any Webgo Network Group Inc. website, microsite or subsidiary site.
02.1.3 VPS [ Virtual Private Server ] Web Hosting minimum provisioning contract period is 1 [ one ] month, at the rate specified in Webgo Network Group Inc. price list as published on any Webgo Network Group Inc. website, microsite or online subsidiary site. Dedicated Server minimum provisioning contract period is 3 [ three ] months, at the rate specified in Webgo Network Group Inc.' price list as published on any Webgo Network Group Inc. website, microsite or online subsidiary site.
02.1.4 Where Web Hosting services are purchased with a payment plan comprising of a set-up fee, those fees are payable immediately. Such fees are refundable at the end of the contracted period, only where such a contract exceeds 12 [ twelve ] months.
02.1.5 Where any service[s] purchased is/are based on a monthly or quarterly payment plan the payment has to be made by Credit Card initially, and the Customer expressly authorizes Webgo Network Group Inc. to charge recurring billing as appropriate, until the Customer gives written notice as otherwise to Webgo Network Group Inc. or the provisioning of the Service[s] come to an end or has been provisioned.
02.1.6 The volume of included data transfer is limited, depending on the chosen service. The volume of data transfer is the sum of all transfers resulting from the use by the Customer of the relevant service. If the Customer exceeds this volume, then Webgo Network Group Inc. reserves the right to make additional charges for usage above the limit at the prevailing charge rate per GB [ or part of GB thereof ], when such occurrence arise. Webgo Network Group Inc. will endeavor to let the Customer know if its data transfer use exceeds the agreed level, however, it is the Customer's responsibility to monitor the data transfer being used.
02.1.7 Website Design and/or Development service fees apply at the rate specified for the package chosen from Webgo Network Group Inc. price list or as published on any Webgo Network Group Inc. website, microsite or subsidiary site, or given as a custom quote at the time of purchase. Additional fees will be applied if extra services are requested that were not specified or included at the time of ordering.
02.2 The Customer agrees to make payment for the services as follows: By debit or Credit Card payment at the time of making the order or renewal.
02.2.1 At Webgo Network Group Inc. discretion, payment may be made by check or bank draft if specially agreed beforehand. No product[s] would be supplied nor any service will commence or be provisioned until full payment has cleared. [ for orders originated in such jurisdictions where a cooling off period is mandatory, no such orders will be provisioned until the cooling off period has elapsed unless the client expressly waves that privilege ].
02.3 If Customer fails to pay any invoice which is due and payable under this Terms and Conditions agreement, Webgo Network Group Inc. shall be entitled to charge interest on a daily basis on the overdue amount from the date of such failure, until payment or until judgment, at a [ prorated ] annual interest rate of 18%;
02.4 Nondelivery or non-performance of services by any third party [ other than Webgo Network Group Inc. sub-contractors ] shall not give the Customer any right to delay any payment to Webgo Network Group Inc. or to make any claim whatsoever against Webgo Network Group Inc..
02.5 The Customer acknowledges that the delivery of any products or the provision of any services is conditional on Webgo Network Group Inc. receiving payment of the fees in full and in a timely manner. In the event of non-payment of fees or suspected fraudulent activity in relation to payment of fees by the Customer, Webgo Network Group Inc. reserves the right forthwith to withhold, suspend or cancel the delivery of any products or the provision of any services without further obligation to the Customer. Please note that Domain[s] Name[s] registration, renewal and/or transfer fees are not refundable and due at the time of ordering.
02.6 The terms of this contract contain the whole agreement between Webgo Network Group Inc. and the Customer in relation to the delivery of any products and/or the provisioning of any services, hardware and software as detailed in any order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
02.7 If the Customer in due course may require any variations or additions to the terms of provision of any services, hardware and/or software or equipment other than those set out in an a previously agreed order, then the parties may agree a new order superseding the existing order.
02.8 Webgo Network Group Inc. reserves the right at any time and from time to time to amend, improve or correct the services, software and/or hardware [ or any part thereof ] provided that such modification does not materially affect the customer. This includes the right to substitute the hardware with hardware of similar specification, where necessary. Webgo Network Group Inc. shall endeavor to give the Customer reasonable notice of such modifications, but this may not always be possible and Webgo Network Group Inc. shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.
02.9 Webgo Network Group Inc. shall use its reasonable endeavors to provide the services within the agreed date;. However the time of provision of any services shall not be of the essence. Webgo Network Group Inc. shall notify the Customer when it has provisioned the services or the hardware ordered, and the Customer shall [ as soon as reasonably practicable and in any event within 5 working days ] review and assess the services against the agreed Service Level Agreement[s] attached to the order. If the Customer reasonably considers that the services do not meet the agreed Service Level Agreement[s] then it shall immediately notify Webgo Network Group Inc. and provide details of the same. Webgo Network Group Inc. shall use its reasonable endeavors to rectify any failure of the services to meet the agreed Service Level Agreement[s] [ except where such failure is due to the occurrence of any suspension event as defined below ] and as soon as reasonably practicable whereupon it shall notify the Customer which shall reassess the services as above. If the Client does not notify Webgo Network Group Inc. within 5 working days of installation or [ where Webgo Network Group Inc. rectifies the services ] notification of completion of rectification of the services, then the Customer shall be deemed to have accepted the services and the services shall be deemed to meet the agreed Service Level Agreement[s] supplied at the date of order, installation or rectification.
02.10 Webgo Network Group Inc. reserves the right at its sole discretion to suspend any services [ temporarily or permanently ] on the occurrence of any unscheduled maintenance or any of the following [ each of the following shall be a 'Suspension Event' ] [ i ] notified maintenance; [ ii ] issue by any competent authority of an order which is binding on Webgo Network Group Inc. and which affects the services; [ iii ] if the Customer fails to pay any amounts due under the contract when they are due; [ iv ] if any events occur which would entitle Webgo Network Group Inc. to terminate the contract; [ v ] the data transfer used by the Customer in relation to the services exceeds the agreed level and Webgo Network Group Inc. determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by Webgo Network Group Inc. from time to time; or [ vi ] failure or deficiencies in the client’s equipment.
02.11 For the purposes of this agreement, time of payment is of the essence.
02.12 All transactions are subject to VAT/GST/TVA/IVA etc., at the prevailing rate at the time of ordering. Certain prices may be inclusive of VAT/GST/TVA/IVA etc., and will be indicated as such where relevant.
02.13 All prices may be increased subject to the base rate of inflation as calculated by the IMF for each region within which we operate or to which we make our products and services available. Customers will be given one month notice of any price changes.
03.1 Customer hereby agrees fully to indemnify, keep indemnified and hold harmless Webgo Network Group Inc., its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Webgo Network Group Inc. or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:
03.1.1 Any breach of any of the warranties given by Customer in this agreement.
03.1.2 Otherwise howsoever arising out of the provision by ourselves, of any service hereunder unless on account of breach of contract or negligence by Webgo Network Group Inc.
03.1.3 Any breach by Customer of any of its obligations in this agreement.
04.1 Customer hereby appoints Webgo Network Group Inc. to act on its behalf in conjunction with the delivery of any products and/or the provision of any services ordered.
04.2 Customer acknowledges and accepts that to enable Webgo Network Group Inc. properly to deliver any products, and to provision any of the services ordered, it must co-operate with Webgo Network Group Inc. as required by Webgo Network Group Inc. and, in particular:
04.2.1 Ensure that all its communication details which are provided to Webgo Network Group Inc. are at all times true, current, accurate and complete and the Customer shall promptly notify Webgo Network Group Inc. of any such alterations thereto, and the Customer acknowledges that Webgo Network Group Inc. shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to Webgo Network Group Inc..
04.2.2 Obtain the consent of individuals and/or entities whose personal data are to be held on a domain name register or are otherwise provided to us, on any order form, contract and/or web content material.
04.3 The Customer also agrees that it shall:
04.3.1 Immediately notify Webgo Network Group Inc. if it becomes aware of any unauthorized use of all or any of the products, services, software, equipment, hardware, leased, or purchased and/or any of the communication means at its disposal.
04.3.2 Not use the products, services, software, equipment, hardware, leased or purchased and/or any of the communication means at its disposal, for any unlawful purpose or for the publication, linking to, issue, communication or display of any inappropriate material, whether under Australian, Canadian, Irish, Maltese, New Zealand, Panamanian, British, US and/or South African laws or regulations, the laws or regulations of the Customer country or any other place where the results of such action may be deem unlawful.
04.3.3 Not use any of the services, software, equipment, hardware, leased or purchased and/or any communication means at its disposal, for the publication, linking to, issue, communication or display of any material which in the absolute discretion of Webgo Network Group Inc. may harm Webgo Network Group Inc. or any of its customers or bring Webgo Network Group Inc. into disrepute or may call into question any action taken by Webgo Network Group Inc. on the customer's behalf.
04.3.4 Not use any of the services, software, equipment, hardware, leased or purchased or any communication means at its disposal in breach of good Netiquette practices.
04.3.5 Remove when instructed, or prevent access to any material which is hosted on any of the provisioned hardware and/or own equipment which causes or is likely to cause the customer to be in breach of the contract.
04.3.6 Ensure that it has all necessary consents, permissions and licenses to make use of the services including without limit registration under the relevant Data Protection Acts.
04.3.7 Do not provide any technical or other information obtained from Webgo Network Group Inc. and/or relating to the services, this agreement or the contract to any person, company, firm or government, which the customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any laws or regulations.
04.3.8 Do not, in breach of good Netiquette practices, use any service provided by any third party [ including without limit an Internet web site and/or e-mail ] for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Webgo Network Group Inc. or any other services offered by Webgo Network Group Inc. from time to time.
04.3.9 Ensure that all material or data hosted by Webgo Network Group Inc. on any web site operated by the customer from time to time or communicated through such site or using its own equipment, hardware and/or software is checked for viruses and other harmful code.
04.3.10 Be responsible for keeping regular backups of all material and data hosted by Webgo Network Group Inc. on any web site operated by the customer from time to time using the client equipment, hardware and/or software.
04.3.11 Ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorized people and if the customer has any reason to believe that any password has become known to someone not authorized to use it or if any password is being or is likely to be used in an unauthorized way or of any other breach of security then the customer shall inform Webgo Network Group Inc. immediately.
04.3.12 To be entirely liable for all activities conducted and charges incurred under its passwords, whether authorized by it or not and the customer acknowledges that Webgo Network Group Inc. shall not be liable for any loss of confidentiality or for any damages arising from the customer's failure to comply with these terms.
04.3.13 Not use any part of the Webgo Network Group Inc. premises except as is reasonably necessary to inspect and maintain its own equipment and the customer shall ensure that such part is kept in good condition and returns to its original condition upon any termination of any contract for the provision of services or after every use.
04.3.14 Do not, whilst present at Webgo Network Group Inc. premises, do anything which may be dangerous, nuisance, inconvenience or disturb any Webgo Network Group Inc. personnel or Webgo Network Group Inc. clients and the customer shall abide by all health and safety and other policies or regulation as Webgo Network Group Inc. may notify to the customer from time to time in relation to any such premises.
04.3.15 Not use the any products or services in a manner which infringes any third party copyright or other intellectual property rights of whatsoever nature.
04.3.16 Not use any products or services in any way that leads to a risk of or causes an excessive load on the server/network provided or maintained by Webgo Network Group Inc..
04.4 The customer acknowledges that in order to make proper use of any products or services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The customer recognizes that the use of the dedicated servers and the co-location services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet. The customer acknowledges that Webgo Network Group Inc. shall have no obligation to: [ a ] manipulate any material which the customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the services; or [ b ] validate or vet such material for usability, legality, content or correctness.
04.5 The customer warrants, represents and undertakes that the use of the dedicated servers and the co-location services requires the knowledge referred to in clause 04.4, and accepts that it is not the responsibility of Webgo Network Group Inc. to ensure that the customer has such knowledge or to provide such knowledge or support and that any assistance that may be given is offered purely on a good will basis unless otherwise agreed in writing with Webgo Network Group Inc. under any good will clause or contract.
05.1 Webgo Network Group Inc. makes no warranties or representations that any Service will be uninterrupted or error-free. Customer accepts all services provided hereunder 'as is' without warranty of any kind.
05.2 All implied conditions, warranties and terms [ whether express or implied by statute, common law, custom or otherwise ] excluding those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality [ where applicable ] are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law.
05.3 Webgo Network Group Inc. shall not be liable for any services or products to be supplied by any third party where such products or services were not endorsed in writing, by Webgo Network Group Inc..
05.4 Webgo Network Group Inc. shall not be liable for any loss or damage of whatsoever nature suffered by Customer arising out of or in connection with any breach of this agreement by Customer or any act, misrepresentation, error or omission made by or on behalf of Customer.
05.5 Webgo Network Group Inc. disclaims and discharges itself of all liabilities in connection with the following:
05.5.1 Loss of material uploaded.
05.5.2 Incompatibility of the site with any of the Customer's equipment, software or telecommunications links.
05.5.3 Technical problems including errors or interruptions of the site.
05.5.4 Unsuitability, unreliability or inaccuracy of the site.
05.5.5 Webgo Network Group Inc. is not responsible for any delay, malfunction, non-performance and/or other degradation of performance of any of the services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.
05.6 Subject to Clauses 05.7 and 05.8 below, no matter how many claims are made and whatever the basis of such claims, Webgo Network Group Inc. maximum aggregate liability to Customer under or in connection with this agreement in respect of any direct loss [ or any other loss to the extent that such loss is not excluded by Clauses 05.1 & 05.5.5 above, or otherwise ] whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by Customer pursuant hereto.
05.7 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Webgo Network Group Inc., its employees or its sub-contractors.
05.8 This does not affect your statutory rights as a consumer, including those set out in Clause 08 below.
06.1 Webgo Network Group Inc. may terminate this agreement by notice in writing to the customer having immediate effect if:
06.1.1 The customer is in breach of any of its obligations under these Terms & Conditions.
06.1.2 The customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented, or
06.1.3 The customer is an individual and a petition for bankruptcy is presented against it, or
06.1.4 A liquidator [ where the customer is a company ] or [ where the customer is an individual ] a trustee in bankruptcy is appointed over it or any of its assets, or
06.1.5 The customer proposes or enters into any arrangement or composition with or for its creditors [ including any voluntary arrangements ].
06.2 In the event that any of the circumstances identified in Clause 6.1 arises, Webgo Network Group Inc. shall have the option to terminate this agreement as regards to all services provided or to be provided or only as regards to that service or those services in respect of which the breach is considered by Webgo Network Group Inc. to have been committed, and
06.3 In the event that any of the circumstances identified in Clause 6.1.0 and/or any of its sub-clauses arise, Webgo Network Group Inc. shall be entitled to retain any sums paid to it by the customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
07.1 Each of the parties agrees [ subject to Clauses 7.2 and 7.3 ] not to :
07.1.1 Disclose any confidential information received from the other party, or
07.1.2 Make any use of any such confidential information other than for the purposes for what it was intended.
07.2 Each party may disclose confidential information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this agreement.
07.3 The confidentiality obligations under Clause 07.1 shall not apply to any information which :
07.3.1 Is or subsequently becomes available to the general public other than through a breach by the receiving party, or
07.3.2 Is already known to the receiving party before disclosure by the disclosing party, or
07.3.3 Is developed through the independent efforts of the receiving party, or
07.3.4 The receiving party rightfully receives from a third party without restriction as to use.
08.1 A customer has the right to cancel an order, by giving notice in writing to Webgo Network Group Inc., subject to the following provisions:
08.1.1 Orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registrar.
08.1.2 Orders for renewal of domain names may not be cancelled once Webgo Network Group Inc. has submitted the renewal request to the appropriate registrar.
08.1.3 In the event of cancellation of a dedicated server/co-location order by the customer within 7 days of placing the order, the customer remains obliged to pay the set-up fee for the services.
08.1.4 In the event of cancellation or termination by the customer part way through the minimum contract period, the customer remains obliged to pay for the services for the entire minimum period under Clause 2.1
08.2 In the event of a cancellation of an order by the customer, under the terms of this provision, Webgo Network Group Inc. undertakes to refund any monies paid within 30 days of cancellation.
08.3 Customers have the right to cancel orders for web design and development, marketing or copy writing services at any point during the process. Instructions for cancellation must be made in writing. The 50% deposit will remain non-refundable and additional charges will be applied for work already undertaken to cover the costs.
09.1 Subject to Clause 9.2 this written agreement together with the any Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent [ if any ] that a court or arbitrator may allow reliance on the same as being fair and reasonable.
09.2 No change, alteration or modification to this agreement shall be valid unless in writing and signed on behalf of both parties hereto.
09.3 If any provision of this agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
09.4 The rights and obligations of the customer under this agreement are personal to the customer and the customer undertakes that it shall not, without the prior written consent of Webgo Network Group Inc., assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
09.5 Webgo Network Group Inc. reserves the right to sub-contract any of the work required to fulfill its obligations hereunder.
09.6 The customer agrees and acknowledges that domain names parked on the Webgo Network Group Inc. system which are not using the free web forwarding service will display a Webgo Network Group Inc. holding page and that said page may incorporate content advertising Webgo Network Group Inc. or third party products and/or services from time to time.
09.7 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder [ other than in relation to payment ] resulting from acts or causes beyond its reasonable control as detailed in clause 15.
09.8 Any delay or forbearance by either party in enforcing any provisions of this agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
09.9 Clause headings have been included in this agreement for convenience only and shall not be considered part of, or be used in interpreting, these Terms & Conditions.
09.10 Unless otherwise stated, all rates quoted are exclusive of VAT/GST/HST/TVA/IVA etc.
09.11 This agreement shall be governed by the laws of the country/jurisdiction where the contracting party is register [ assuming that the site was accessed from within the aforementioned jurisdiction ], and/or that the guest/client is either a national of, or the lawful representative of a legal entity from, [ as the case might be ] the aforementioned jurisdiction, and any dispute concerning the use of this website will be determined exclusively by the courts of that jurisdiction.
10.1 The customer recognizes and accepts that :
10.1.1 Webgo Network Group Inc. reserves the right to reject any request by a customer to register any particular domain name or to discontinue processing such a request if Webgo Network Group Inc. considers such application might expose Webgo Network Group Inc. to legal or other proceedings.
10.2 Subject to Clause 12, the extent of Webgo Network Group Inc. service in relation to the registration of domain names is:
10.2.1 To forward customer's application to the appropriate Registries.
10.2.2 To provide administrative support in securing the registration.
10.2.3 To notify the customer of the outcome of the application.
10.3 Subject to using its reasonable endeavors to contact the customer prior to the domain name registration renewal date[s] at the e-mail address most recently provided by the customer pursuant to Clause 04.2.1, Webgo Network Group Inc. will have no involvement in, or responsibility for customer's use or retention of a domain name once registered.
10.4 For the avoidance of doubt and in addition to the provisions of Clause 05 above, in no circumstances will Webgo Network Group Inc. be liable to the customer for any loss of profit, business or anticipated savings suffered by the customer on account of a failure to obtain or loss of a domain name.
10.5 Webgo Network Group Inc. makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful because domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by the customer, or by Webgo Network Group Inc. or any other third party on behalf of a customer.
10.6 The customer's rights to use a domain name once registered may be challenged by a third party. If so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a customer's application for a domain name or the registration of a domain name allocated to a customer to a third party and Webgo Network Group Inc. will have no responsibility or involvement in this relation thereto.
10.7 It is the customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by Webgo Network Group Inc. on the customer's behalf.
10.8 Domain names are registered on a first come, first served basis.
10.9 The registration of a domain name does not confer any legal rights to a name or its use and any disputes between the customer and any third party are to be settled using normal legal methods. Webgo Network Group Inc. will not be drawn into any such argument or dispute under any circumstances.
10.10 An application for the registration of a domain name cannot be treated as having been successful until the customer has been notified by Webgo Network Group Inc. in writing to this effect by email or otherwise.
10.11 Webgo Network Group Inc. will notify the customer as soon as is reasonably possible after the registration of a domain name has been effected and the customer shall be responsible, on receipt of such notification to verify that the domain name has been registered correctly and for notifying Webgo Network Group Inc. immediately if there is any error.
10.12 The customer is advised not to take any action in respect of a requested domain name until it has carried out its obligations under Clause 10.15 and satisfied itself that such domain name has been correctly registered.
10.13 The relevant domain name registry will include the names of the customer and the administrative contact and other details relating to them. This information [ if it refers to individuals ] is considered 'personal data' for the purposes of data protection legislation. Webgo Network Group Inc. may allow other organizations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose. Changes to this data once it has been entered into the relevant registry will incur an administration fee. [ these fees are levied by the relevant registries and not us ].
10.14 By releasing a domain name registered by Webgo Network Group Inc. to another server/host the customer terminates this agreement between Webgo Network Group Inc. and the customer, and agrees to abide by the Terms & Conditions laid out by the receiving host/server.
10.15 The customer warrants to Webgo Network Group Inc. that :
10.15.1 All information provided by the customer to Webgo Network Group Inc. is true and correct, and that any additions or alterations thereto in the future will also be true and correct, and
10.15.2 It has the legal right to apply for and use the domain[s] name[s] as a website and/or email address, and
10.15.3 The domain[s] name[s] and its use as a website and/or email address do not and will not infringe the Intellectual Property Rights or any other rights of any third party.
10.16 The customer acknowledges that the application process, registration and subsequent use of any domain name will be subject to the rules and policies from time to time of the relevant registry and the customer agrees to abide by all such rules and policies. Accordingly, the customer undertakes to read those rules and policies before applying for a domain name [ copies are generally available from the relevant registry's websites ] and are available from Webgo Network Group Inc. on our website Knowledge Base section.
10.17 Even if the customer's application for a particular domain name is rejected, Webgo Network Group Inc. cannot return to the customer any payments received in respect of that application. This are terms imposed by all registries and not us.
10.18 The initial registration fee is to secure the domain name[s] and pay the relevant NIC bodies [ e.g. AUDA, CIRA, EURID, NEUSTAR, IEDR, NOMINET, NZRS, NICPA etc. ], administration and licensing fees only, and does not include any form of web hosting.
11.1 All material which a customer wishes to post on a website will be in a condition which shall be 'server-ready' and which requires no additional manipulation on the part of Webgo Network Group Inc., and we shall be under no obligation to validate such material for content, correctness, legality or usability.
11.2 The customer recognizes that using Webgo Network Group Inc. website hosting services requires a certain level of knowledge on the customer's part, in the use of Internet languages, protocols and software. The following examples are offered :
11.2.1 Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP, web content, graphics, sound, text, images, mapping etc.
11.2.2 CGI scripts: requires knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, Shell, permissions etc.
11.3 The customer warrants that it has the necessary knowledge referred to in Clause 11.2.2 above and acknowledges that it is not the responsibility of Webgo Network Group Inc. to provide such knowledge or to provide customer support unless otherwise agreed in writing with Webgo Network Group Inc..
11.4 The customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all material appearing on its website. For the avoidance of doubt, this clause shall apply to all material, whether posted on the customer's website by or on behalf of customer [ whether by Webgo Network Group Inc. or a third party ].
11.5 The customer warrants, represents and undertakes in relation to all material that :
11.5.1 It is not inappropriate material.
11.5.2 The customer either has sole ownership of all Intellectual Property Rights in such material in each jurisdiction from which the website may be accessed and/or has obtained full and effective licence[s] from all relevant third parties allowing the customer or a third party acting on behalf of customer to use the material and to permit its dissemination worldwide.
11.6 The customer undertakes not to link to any inappropriate material from its website.
11.7 Webgo Network Group Inc. shall retain the right at all times to refuse to post any material and to suspend availability of the website [ including web forwarding ], place a prominent notice on the website where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the website to another website containing the alleged version of events and/or to remove any material already appearing on the website which in the opinion of Webgo Network Group Inc. may under the laws of any jurisdiction from which it is possible to access the relevant website :
11.7.1 Constitutes or would if posted constitute inappropriate material.
11.7.2 Breaches or would if posted breach 'relevant legislation' or any other applicable regulations, standards or codes of practice [ notwithstanding that compliance may not be compulsory ] and/or
11.7.3 Harms or would if posted harm the reputation of Webgo Network Group Inc. in any way.
11.8 Webgo Network Group Inc.' right to suspend availability of the customer's website and/or remove content under Clause 11.7 above shall be without prejudice to the customer's sole responsibility for the content of the website under Clause 11.4 and to the warranties given by the customer relating to that content in Clause 11.5.
11.9 Posting of material ourselves on the customer website shall not under any circumstances constitute a waiver of any of its rights in relation to such material or of its rights in relation to any breach of the customer's obligations under this agreement.
11.10 The customer undertakes not to embark on any course of action, whether by use of its website or any other means, which may cause a disproportionate level of website activity without providing at least seven days prior notice in writing to Webgo Network Group Inc.
Including [ but not limited to ] design, online marketing, content copy writing and so forth, the customer recognizes and accepts that:
12.1 Submission of a completed order form and payment of the 50% non-refundable deposit signifies the customer has entered into a binding contract with Webgo Network Group Inc., for [ as the case might be ] web development and design, online marketing and/or content copywriting services. This contract excludes any additional services the customer has purchased from Webgo Network Group Inc. in relation to domain name registration, hosting packages or dedicated servers unless so specified.
12.2 Additional services requested after the form have been submitted, not included on the original form or not part of the a package detailed on the Webgo Network Group Inc. website will be quoted for as requested and charged for accordingly.
12.3 It is the customer's responsibility to give clear instructions to Webgo Network Group Inc. and all necessary information on the order form. The customer must ensure that all the information is complete and accurate. This includes all content and information to be included in the web site. Any changes to the specifications on the submitted order form or to the content submitted prior to the completion of the design by Webgo Network Group Inc. may incur additional charges.
12.4 The customer will be required to pay upfront a 50% non-refundable deposit for the work.
12.5 Webgo Network Group Inc. will only commence work on the customer's site once all the required content [ both text and images ] and a non-refundable deposit for the work have been received.
12.6 Once the design work has been completed in accordance with the agreed specification defined by Webgo Network Group Inc. and the customer, or more than 45 days have passed since the commencement of the service the customer will be charged the remaining 50% of the design fee. Payment can be made credit card or if so instructed, or agreed by Webgo Network Group Inc., via check or bank draft.
12.7 Any descriptions or illustrations contained in Webgo Network Group Inc. catalogues, brochures, leaflets, correspondence or on its web site are issued or published for the sole purpose of giving an approximate idea of the relevant projects and websites that we can create. It will not form part of the contract.
12.8 If the customer wishes to cancel the web design service once the order form and 50% deposit have been accepted the web design service will be cancelled, but the deposit will remain non-refundable unless otherwise stated by Webgo Network Group Inc.. Please note that cancellation of any part of the service is permitted at any time. Cancellation instructions should be submitted in writing to: 'address'.
12.9 Webgo Network Group Inc. will make reasonable efforts to ensure that the details provided relating to website packages, are adhered to, but reserves the right to make minor alterations without notice to the customer where necessary, and this shall not constitute breach of the contract.
12.10 Any modifications that the customers require after the finished web design is handed over to the customer must be made in writing or by email. Customers will incur a maintenance fee for any changes, unless otherwise agreed.
12.11 Invoices may include any fees or expenses that were authorized verbally or otherwise, in order to expedite a project.
12.12 Webgo Network Group Inc. shall not be held liable for any incidental or consequential damages which arise from the failure to perform any aspect of the project in a timely or acceptable manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Webgo Network Group Inc. or a third party.
and including [ but not limited to ] e-mail forwarding and so forth, the customer undertakes that it will not [ and will ensure that others under its control will not ] via e-mail:
13.1 Transmit inappropriate material.
13.1.1 Infringe the Intellectual Property Rights of any third party.
13.1.2 Make use of the server to an extent or in a manner which in Webgo Network Group Inc.'s reasonable opinion is excessive, wasteful or otherwise to the detriment of Webgo Network Group Inc., any of Webgo Network Group Inc. customers or any other third party, including but not limited to :
13.1.3 The transmission of spam e-mail, or
13.1.4 The transmission of insulting criticism or remarks intended to incite anger, perceived threats, racist remarks, or of any other kind that may be or it is interpreted to be illegal by the relevant Law Enforcement Agencies as illegal.
13.2 Therefore, when sending e-mail, the customer acknowledges that it is responsible for complying with any relevant legislation.
13.3 The customer acknowledges that Webgo Network Group Inc. is not responsible for the security of the contents of e-mail sent or received by the customer.
13.4 Webgo Network Group Inc. will use its reasonable endeavors to ensure that all messages are routed accurately and promptly, but do not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.
13.5 Webgo Network Group Inc. policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by the customer, and the customer acknowledges that Webgo Network Group Inc. will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect Webgo Network Group Inc. rights and/or position.
14.1 All IPR [ Intellectual Property Rights ] relating to the services, hardware and/or software, including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of Webgo Network Group Inc.. Webgo Network Group Inc. reserves the right to change the Internet Protocol Address assigned to the Customer at any time, however Webgo Network Group Inc. shall endeavor to give reasonable notice of the change and shall use reasonable endeavors to reduce disruption to the customer operations resulting from such changes.
14.2 Title to the hardware and software [both legal and equitable] is and shall at all times remain with Webgo Network Group Inc. and the customer shall keep the software and hardware free of all liens, encumbrances and charges and protect it from any and all judicial process.
14.3 Webgo Network Group Inc. grants to the customer a non-exclusive, non-transferable license to use the software on the hardware and/or the client equipment and in conjunction with the services and except as provided for in the contract the customer is not permitted to sub-license any rights granted under the contract to any third party. The customer agrees that it will not itself, or through a third party :
14.3.1 Copy the software, except as is necessary to install on hardware and for internal, archiving purposes. In the event that the client makes any copies of the software, the client shall reproduce all proprietary notices on such copies, or
14.3.2 Reverse engineer, recompile, disassemble or otherwise attempt to derive source code from the software, or
14.3.3 Sell, lease, license, transfer or sub-license the software or associated documentation, or
14.3.4 Write or develop any derivative or other software programs based, in whole or in part, upon the software or any confidential information it may contain.
15.1 The customer acknowledges that the allocation of risk in any equipment shall pass to the customer.
15.1.1 The customer acknowledges that with relation to dedicated servers Webgo Network Group Inc. shall retain ownership of the equipment for the 'duration period' of the contract.
15.1 If Webgo Network Group Inc. is prevented or delayed in or from performing any of its obligations under these Terms and Conditions or Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes [ including by and with our own employees ], technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Webgo Network Group Inc. shall not be liable for any loss as a result of this. This agreement does not affect your statutory rights.
Powered by WHMCompleteSolution