Terms & Conditions

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Welcome to FiwiWeb Services! These Terms and Conditions (the “Terms”) govern your use of our website, fiwiweb.com, and the services provided by FiwiWeb Services (referred to as “we,” “us,” or “our”) as you interact with our website and engage with our services.

By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

Acceptance of Terms

By using our website and services, you agree to these Terms and any additional terms and policies referenced herein. You also agree to comply with all applicable laws and regulations, whether local, state, national, or international.

Privacy Policy

Your use of our website and services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

User Accounts

If you create an account with us, you are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.

Use of Website and Services

You agree to use our website and services only for lawful purposes and in a manner consistent with these Terms. You may not use our website or services for any illegal or unauthorized purpose.

Content

All content on our website, including but not limited to text, images, graphics, videos, and logos, is the property of FiwiWeb Services or our content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or display any of our content without our prior written permission.

Links to Third-Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by FiwiWeb Services. We are not responsible for the content or practices of these third-party websites, and your use of them is at your own risk.

Third Party Provider

We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.

FiwiWeb Services does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. FiwiWeb Services is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Reseller or Licensor

We may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services (“Non-FiwiWeb Products”).
We shall not be responsible for any changes in the Services that cause any Non-FiwiWeb Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-FiwiWeb Products, either sold, licensed or provided by us to you will not be deemed a breach of our obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-FiwiWeb Product are limited to those rights extended to you by the manufacturer of such Non-FiwiWeb Product. You are entitled to use any Non-FiwiWeb Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-FiwiWeb Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-FiwiWeb Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Payments

Renewal notices are emailed no later than seven (7) days before the actual renew date in your account. If you have a credit/debit card on file and authorized automatic payments, your card will be charged on the due date. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a late fee will be added. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 7 days of e-mail notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that YOU notify us to request for termination of services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless canceled beforehand. There is no fee for canceled accounts that have been paid for yearly.

All annual payments are non-refundable once the 30-day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

You may terminate or cancel the Services by giving written notice via our client portal or email. In such event:
[i] you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and
[ii] We may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Domain Name Registration

You agree to pay FiwiWeb Services prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. FiwiWeb Services reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from FiwiWeb to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by FiwiWeb) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to FiwiWeb Services as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer To Us - You agree to pay FiwiWeb Services prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the price schedule for the initial transfer request of the domain name. You agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– A domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
FiwiWeb reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from FiwiWeb to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by FiwiWeb) in connection with the payments of the registration fee for your domain name registration, you agrees and acknowledges that the domain name registration shall be transferred to FiwiWeb as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. FiwiWeb will reinstate your domain name registration solely at FiwiWeb discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer Away From Us - FiwiWeb Services reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– A domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
You agree and acknowledge that the failure or success of a domain name transfer will be your sole responsibility, and FiwiWeb Services will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations and renewals are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Suspension/Termination of Services

We reserve the right to terminate or suspend your access to our website and services, without notice and for any reason, including but not limited to violation of these Terms.

You agree that we may suspend services to customer without notice and without liability if: (i) we reasonably believes that the services are being used in violation of the AUP; (ii) customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) we reasonably believes that the suspension of service is necessary to protect our network or our other customers, or (iv) as requested by a law enforcement or regulatory agency. You agree to pay FiwiWeb Services any reasonable reinstatement fee if service is reinstated following a suspension of service under this subsection.

The Agreement may be terminated by customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if FiwiWeb Services fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by FiwiWeb prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within fourteen (14) days of a written notice from us describing the violation in reasonable detail; (iii) upon one (1) days notice if customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Money Back Guarantee

Our shared hosting service comes with a thirty (30) day money back guarantee. If you purchase our shared hosting product and then cancel within the first thirty (30) days of the term, you will, upon written request via our online ticketing system within thirty (30) days of such termination or cancellation, receive a full refund of all basic hosting fees previously paid by you for the initial term; provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section.
[i] Request for refund must be made in writing via our ticketing system.
[ii] Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services.
[iii] Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period.
[iv] Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
[v] There are no refunds on domain names, third-party services, administrative fees, license fees, and install fees for custom software.

Copyright Files

All files stored on FiwiWeb’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to PDF, MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Intellectual Property Rights

Material accessible to you through our services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, you must not use us or our servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through our network. If you use a domain name in connection with us or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the FiwiWeb network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. We will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Request for Customer Information

You agree that FiwiWeb Services may, without notice to the customer, (i) report to the appropriate authorities any conduct by customer or any of customer’s customers or end users that we believe violates applicable law, and (ii) provide any information that it has about customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy

You agrees to maintain a current copy of all content hosted by FiwiWeb Services notwithstanding any agreement by us to provide back up services.

Our backup service runs once a night and overwrites any of our previous backups. Only one night of backups is kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at our sole discretion.

Changes to Network

Upgrades and other changes to our network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer’s hosted content and/or applications. We reserve the right to change our network in our commercially reasonable discretion, and we shall not be liable for any resulting harm to customer.

IP address ownership - We shall maintain and control ownership of all IP addresses that may be assigned to you. FiwiWeb Services reserves, in its sole discretion, the right to change or remove any and all such IP addresses.

Notices

Notices to FiwiWeb Services under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to customers shall be given via electronic mail to the individual listed as the Primary Contact on the order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customers may change their notice address by a notice given in accordance with this section.

Force Majeure

FiwiWeb Services shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, pandemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

The Agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Promotional Rates & Special Offers

FiwiWeb Services may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your current services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotions may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment. As a result of this, our promotions are not refundable and are not covered by our 30-day money back guarantee.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on FiwiWeb Services unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without our prior written consent. Our approval for assignment is contingent on the assignee meeting our credit approval criteria. We may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Changes to Terms

We may revise these Terms at any time by posting an updated version on our website. Your continued use of our website and services after any such changes constitute your acceptance of the updated Terms.

Contact Us

If you have any questions or concerns about these Terms or our services, please contact us at contact(at)fiwiweb.com.

By using FiwiWeb Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable policies. Thank you for choosing FiwiWeb Services!