You indicate acceptance of these terms and conditions of service by using Wildfire Internet’s services. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "Wildfire Internet" means Wildfire Internet Limited who operate this service and are the party with whom you have a contract.
1.1.4 "Wildfire Internet’s Software" means ReallyEasyCart software which is wholly owned by Perfect4Business and licenced to you via Wildfire Internet, and other third party software used to provide the Services to which you have subscribed which may be bound by their own separate terms and conditions.
1.1.5 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.6 "ISP" stands for internet service provider;
1.1.7 "server" means the computer server equipment operated by Wildfire Internet in connection with the provision of the Services;
1.1.8 "the Services" means web hosting, domain name registration, email and any other services or facilities provided to operate this service.
1.1.9 "spam" means sending unsolicited and/or bulk emails;
1.1.10 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.11 "visitor" means a third party who has accessed the Website;
1.1.12 "the Customer" means the person, person or organisations who pay to use our Services.
1.2 Product specifications and details may be found at www.reallyeasycart.co.uk and on our freshdesk knowledge centre at support.reallyeasycart.co.uk/solution/categories.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are ed for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.1 The Customer wishes to provide Wildfire Internet with data that will be hosted on Wildfire Internet’s chosen hosting provider's servers and made accessible via the Internet.
2.2 Wildfire Internet provides web hosting services via its chosen hosting provider and has agreed to host the Customer's data upon the following terms and conditions.
3.1 Wildfire Internet shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Wildfire Internet any associated data or images which are owned by the Customer that are needed for Wildfire Internet to provide the services, in a format specified by Wildfire Internet.
4 CHARGES,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include such credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and direct debits or subscriptions as used by Paypal.
4.2 Wildfire Internet only accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1 by prior agreement and any such payments must be cleared into Wildfire Internet's bank account prior to services commencing.
4.3 Tax shall be added to the prices and will be paid by the Customer where required.
4.4 Wildfire Internet shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Wildfire Internet do not provide credit facilities.
4.6 From time to time Wildfire Internet may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Wildfire Internet may provide "Money-Back Guarantees" and special offers from time-to-time, the details of which will be displayed on the website.
4.8 Pro-rata refunds will not be issued for services that are cancelled before the end of the subscription period.
4.9 Should your chosen payment method fail Wildfire Internet will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services remain in force until cancelled by the customer via the subscription method in use at that time. No refunds will be made for cancellations part way through a subscription period. Subscription periods may vary dependent upon the type of service purchased.
4.11 Wildfire Internet may at its discretion immediately suspend the Services without notice where the Customer payment is not made on time.
5 IP ADDRESSES
5.1 Wildfire Internet shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Wildfire Internet changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of Wildfire Internet's Software in order to use the Services, Wildfire Internet grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Wildfire Internet’s Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Wildfire Internet’s Software.
6.2 In relation to Wildfire Internet's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Wildfire Internet a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Wildfire Internet any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, copy, sell, lease, license or sublicense Wildfire Internet's Software.
6.4 Wildfire Internet may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Wildfire Internet shall destroy all such copies of the Content and other materials provided by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Wildfire Internet shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Wildfire Internet makes no warranties or representations that the Service will be uninterrupted or error-free and Wildfire Internet shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Wildfire Internet carries out data backups for use by Wildfire Internet in the event of systems failure. Wildfire Internet do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Wildfire Internet accepts no responsibility for data loss or corruption. The Customer has the facility to make their own backups and to save them locally to protect The Customer's data.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Wildfire Internet's network or the Services which are identified as restricted or confidential.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Wildfire Internet is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Wildfire Internet shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPGRADES
All alterations and amendments to the website content shall be made by the Customer using the online administration facility. The Customer will be issued with a username and password in order to access the administration centre. The Customer agrees to Wildfire Internet staff having administrator access to the website at any time and allows them to make necessary changes to the website content and programs and configuration as part of setting up, monitoring and supporting the system.
10.1 The Customer warrants and represents to Wildfire Internet that Wildfire Internet's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Wildfire Internet as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Wildfire Internet shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Wildfire Internet and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Wildfire Internet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Wildfire Internet's liability for death or personal injury resulting from Wildfire Internet's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Wildfire Internet to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Wildfire Internet be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Wildfire Internet had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement or where the subscription to this service is cancelled by the Customer.
13.2 Wildfire Internet shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the Customer's account will be removed. The Customer has the right to request that product information stored in the database is exported into a text file and made available to the Customer.
13.6 The Customer does not have the right to use Wildfire Internet’s Software once this agreement is terminated nor to transfer or use the code on any other server.
13.7 The Customer will be entitled to transfer the domain name registered on their behalf to another provider upon termination of this agreement and upon all outstanding payments being received in full.
14.1 Wildfire Internet may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Wildfire Internet's prior written consent which may require the licences required to run the Services being re-purchased and training to be undertaken by the Customer before using any available support services.
15 FORCE MAJEURE
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, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Wildfire Internet will provide a full refund for that domain name, this will be the full limit of our liability.
20.2 Individual domain name registrars have separate terms and conditions which are available upon request.
20.3 Wildfire Internet will make reasonable endeavors to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
20.4 Wildfire Internet will retain the domain names which have been registered by us for use in our internet marketing services.
Wildfire Internet is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 10 GB per month for file distribution.
23.3 Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, subdomain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customer’s responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
Wildfire Internet communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, amendments to our products & features and special offers.
27 WEBSPACE USAGE
Reasonable web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be removed from the system.
29 DEACTIVATED ACCOUNTS
When a web hosting account is deactivated, you agree that after 30 days this account may be removed from the system without notice.
1. Wildfire Internet is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it.
2. When you order, we need to know your name, address, phone number, email address and payment details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
3. Wildfire Internet offer a great value service, by using our service you agree that we will use your personal information to tell you about services and new products/services.
4. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
5. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with UK data protection legislation. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, or remove your personal details by accessing the "Contacts and Billing Details" section of the customer area. We use a technology called "cookies" as part of a normal business procedure to allow you to login to the customer area. A cookie is an element of data that our customer area sends to your web browser which is then stored on your system.
6. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details.