Terms
Terms and Conditions
This document defines the general terms and conditions for services provided by Weycrest.com to its customers.
“We” and “Us” means “Weycrest UK.”
1. General
1.1. Weycrest reserves the right to refuse services to customers it deems are inappropriate.
1.2. Customers who believe that they are being unfairly treated by Weycrest should use the Complaints Escalation Procedure.
1.3. This policy may be changed by Weycrest at any time. Weycrest will advise customers of any changes on its support site and via email to the account administration email address.
1.4. This agreement shall be governed by and construed in accordance with the law of England, and fall under the exclusive jurisdiction of the English courts.
1.5. Weycrest recognises and agrees to abide by all consumer protection and sales of goods legislation currently in force in England.
1.6. You agree to be bound to these terms by signing up to one of our services.
2. Duties
2.1. Weycrest will make all reasonable attempts to provide the services requested by the customer. In the event that it is unable to do so, the customer and/or Weycrest can cancel this contract, and the customer receives reimbursement of fees for the disputed period.
2.2. Weycrest is not liable for any damages claimed as a result of not being able to provide the services, and the maximum payment reimbursable is one months fee for the specific contract concerned.
2.3. The customer will ensure that all software and data uploaded to Weycrest are owned by themselves, or that they have licenses to operate the software and use the data.
2.4. All communication with the customer will be by email to the administrative email address of the account. Customers are responsible for ensuring that their account details are up to date, and their administrative email address is available for mail delivery.
2.5. The customer will adhere to the Acceptable Use Policy, and any other terms of service policy that applies to the specific service being provided.
2.6. Weycrest makes no service level guarantees. The services are provided as is and Weycrest will make every endeavour to ensure the maximum uptime on your website, email and internet connectivity.
3. Charges and Payments
3.1. Payment methods accepted by Weycrest are MasterCard and Visa Credit cards and debit cards. Weycrest does not accept payment by direct debits, bank transfers, cheques, postal orders or cash.
3.2. All charges are exclusive of VAT which is charged on all transactions and payable by the customer.
3.3. Fees are payable in advance, and are non-refundable in whole or part if this agreement is terminated by the customer during the period to which the payment relates.
3.4. From time to time Weycrest offers money-back guarantees. Customers who wish to claim their money back must do so through the ticketing system. They must raise a ticket requesting a refund before the end of the offer period.
3.5. Weycrest will send customers invoices by email for each billing period, and will automatically take the payment at the date when the payment is due. All services will be automatically renewed until
manually cancelled by the customer. The customer agrees to Weycrest obtaining such payments without additional authorisation from the customer.
3.6. If Weycrest are unable to take the payment, the service will be suspended on the day following the due date of the payment.
3.7. No refunds will be available if this contract is terminated due to violation of our Acceptable Use Policy.
3.8. Refunds are not available for setup fees, domain name registration, domain transfers and SSL certificates.
4. Domain Name Services
4.1. Domain names are purchased through Weycrest on an as available basis. The acceptance of an order by Weycrest is not an acknowledgement of availability and purchase of that domain.
4.2. Once an order has been accepted, Weycrest will submit the order to the registry. Domain name registration is dependant upon the acceptance of that order by the registry. Once the domain name has been accepted by the registry it will be displayed in the registrys WHOIS database.
4.3. The customer is responsible for the correct spelling of their domain name, and no refunds will be made due to spelling mistakes.
4.4. If a registration is unsuccessful, Weycrest will inform the customer and immediately refund any payment made.
4.5. Weycrest will not refund any fees paid where the registrant has gained the domain illegally or deceitfully and the registry have taken back control of the domain.
4.6. The customer recognises that each registry has its own terms and conditions of use, and agrees to fully abide by these. Links to these can be found here. The customer also agrees to indemnify Weycrest from all liabilities incurred by the customers breach of the registrys terms and conditions.
4.7. Weycrests obligation for the renewal of domain names is limited to one email sent to the administrative email address of the account responsible for the domain. Weycrest are not responsible for the loss of the use of a domain name where a customer has not taken the necessary steps to renew the domain.
4.8. Email and web forwarding are free services provided with domain name registration. Weycrest provide these services with no guarantees, and bears no liability for the failure of these services or
non-delivery of any email.
4.9. If a customer makes any chargeback or reclaim of money used to pay for a domain name, then the domain name becomes the property of Weycrest, and the customer forfeits all rights to the domain.
5. Web Hosting Services
5.1. Weycrest agrees to provide one or more web sites to the customer on the servers in the Weycrest data centre.
5.2. Weycrest are not responsible for the design, maintenance or security of the web site, nor any scripting or programming issues.
5.3. Weycrest will monitor all activity on its web servers and will disable or make configuration changes to web sites whose activity adversely affects the performance of that server or breaches the Acceptable Use Policy.
5.4. Weycrest agrees to monitor all web servers and take the appropriate action where necessary to remedy faults.
5.5. Weycrest does not allow the following content on its web servers:
5.5.1. Pornographic, obscene, erotic or lewd material
5.5.2. Excessive download or unlinked content
5.5.3. Copyright material that the owner does not have explicit rights to use or to distribute
5.6. While Weycrest makes every endeavour to provide reliable redundant data storage, it is not liable for the loss of data caused by unforeseen hardware or software system problems. Customers are responsible for ensuring they have adequate back ups of the content of their web sites.
6. Email Services
6.1. Weycrest agrees to provide one or more mail boxes to the customer on the servers in the Weycrest data centre.
6.2. Weycrest will make every endeavour to deliver email posted through its SMTP servers. However, it does not guarantee to deliver mail.
6.3. Mailboxes have size limits. Once a mailbox is full no more mail will be delivered until the mail box is emptied. All senders will receive a mail undeliverable response.
6.4. Weycrest reserves the right to delete all mail older that 60 days resident on its systems. It also reserves the right to delete messages from mailboxes containing more than 1000 messages.
6.5. Weycrest reserves the right to suspend or to make changes to the configuration of a mailbox where the activity on that mailbox is adversely affecting the performance of the mail system or breaches the Acceptable Use Policy.
6.6. While Weycrest makes every endeavour to maintain the integrity and safety of email, Weycrest does not back up email and therefore is not liable for any data losses that incur due to systems failure or data corruption.
6.7. On mailboxes where spam filtering and/or virus scanning are employed, Weycrest guarantees to ensure that the latest signatures and updates are used by these systems. However, due to the limitations of these systems, Weycrest cannot guarantee that all spam will be removed or correctly labelled, and all viruses will be cleaned.
7. Database Services
7.1. Weycrest agrees to provide one or more databases to the customer on the servers in the Weycrest data centre.
7.2. Weycrest are not responsible for the design, maintenance or security of the database, nor any programming issues.
7.3. While Weycrest makes every endeavour to provide reliable redundant data storage, it is not liable for the loss of data caused by unforeseen hardware or software system problems. Customers are responsible for ensuring they have adequate back ups of the structure of and content in their web sites.
8. IP Addresses
8.1. Weycrest retain control of all IP Addresses assigned to customers and reserves the right to change or to remove the address. Where this occurs Weycrest will make every endeavour to avoid disruption to the customer.
8.2. Weycrest is granted usage of IP Addresses by RIPE. Any customer assigned an IP address must abide by the rules of RIPE in the use of that IP address.
9. Indemnification
9.1. Weycrest will not be liable for any damages or losses that the customer may suffer as a result of Weycrests service or systems failure or services provided to Weycrest through a third party.
9.2. The Customer will indemnify Weycrest and keep Weycrest indemnified against any and all demands, liabilities, losses, costs and claims, including legal fees made against Weycrest, its agents, its customers, officers and employees, that may arise or result from any action performed or agreed to be performed by the customer, its agents, employees or assigns.
10. Data Protection
10.1. The data protection policies are defined in the Privacy Policy.
11. Support
11.1. Weycrest agrees to provide all customers with support by email and ticket.
11.2. All support requests must be initiated either by logging a support ticket through the support web site or via email. Weycrest will then either email a response or contact you by telephone.
12. Intellectual Property Rights
12.1. No Weycrest intellectual property rights are granted to the customer under this agreement.
12.2. All intellectual property rights on the content and code used by the customer within their web sites remains the property of the customer, and Weycrest is not granted any rights over these.
13. Term and Termination
13.1. This agreement will become effective on the data that the customer orders the service through the Weycrest web site, and shall continue until terminated by either party though email or telephone
exchange or the termination processes on the Weycrest web site and control panel.
13.2. Weycrest has the right to terminate this agreement with immediate effect if the customer fails to provide any payment due under this contract.
13.3. Either party may terminate this agreement by notice in writing if:
13.3.1. either party commits a material
breach of the terms of this agreement that cannot be remedied: or
13.3.2. either party commits a material breach of the terms of this agreement that they fail to remedy: or
13.3.3. either party becomes insolvent, bankrupt or is wound up.
13.4. On termination all data held by Weycrest on the customer will be deleted.
14. Force Majeure
14.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. These include, but not
limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, and highway work. It also includes actions taken by telecommunications carriers, operators, Internet Service Providers, Registries or administrations or other competent authorities on their networks and systems outside the control of Weycrest.
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