Customer Agreement – Terms & Conditions

Last Revised: 25th July 2015

Unless otherwise agreed upon in writing, this Agreement applies to all services provided by Waldonet Limited, hereby referred to as ‘Waldonet’.

“the Service or Services” shall mean any service provided by Waldonet or more than one.

“the Customer” shall mean any individual or entity using the Service in a direct or indirect manner.

By subscribing to or using the Service, the Customer hereby commits to adhere to and observe the terms and conditions specified herein.

Waldonet shall provide, and Customer agrees to use the Service subject to the following Terms and Conditions:

 

  1. The Service, unless otherwise specifically contracted for between Waldonet and the Customer in writing, is provided on a best effort and shared level quality of service.
  2. Waldonet makes no warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, for the Service it is providing or for any information or software provided. Waldonet will not be responsible for any direct, indirect or consequential damages that the Customer may suffer through the use or misuse or lack of availability of the Service. This includes loss of data due to disruption of service, malfunction, or programmatic error.  This expressly excludes any reimbursement for losses of income due to disruption of service, malfunction, or programmatic error by Waldonet or any of its suppliers.Without prejudice to the foregoing, the liability of Waldonet (if any) in contract, tort or otherwise arising out of or in connection with the Service shall be limited in respect of any one event or series of two or more connected events to the paid up value of one calendar month of the Service in question.
  3. Waldonet shall in no manner be held responsible for any damages arising from the Customer’s inability to use the Service, or for any errors or omissions on the part of the Customer.
  4. Use of any information or software obtained from any source via the Service is at the Customer’s own risk. Waldonet specifically denies any responsibility for the accuracy, content, or quality of information or software obtained through the Service.
  5. Waldonet is absolutely not responsible for the Customer’s personal files residing on Waldonet systems, including but not limited to Electronic Mail, FTP area or web site or any data storage service.  The Customer is solely responsible to ensure independent backup of any data. Waldonet shall in no manner be bound to provide any form of backup of any data unless otherwise expressly stated.
  6. This agreement shall be governed by the laws of Malta. The Service may only be used for lawful purposes. The Customer agrees to use the Service in a manner consistent with any and all applicable laws. Transmission or reception of any material in violation of any laws or regulation is prohibited.
  7. Any use of the Service that, in Waldonet’s sole opinion, restricts or inhibits other Customers from using and the services offered by Waldonet (such as but not limited to the use of vulgar language; committing, or discussing with the intention to commit, illegal activities), is strictly prohibited. Publication, transmission, reception, data exchange, mail posting, news posting, news reading or any other form of transfer of data, material, information or software in violation of any law is prohibited and is a breach of this agreement. Waldonet reserves the right to terminate a service that is in such breach without any notice.
  8. The Service may not be used for the automated transmission of mass email messages or any other form of unicasting or broadcasting any data or information.Spam & unsolicited email in particular, is strictly prohibited. Waldonet reserves the right to suspend or terminate the Service, without prior notice if in the sole opinion of Waldonet, this condition is violated.
  9. Any unauthorised attempt on the part of the Customer to access or modify data or computer system information or to interfere with normal system operations, whether on the equipment of Waldonet or of any computer system or network that is accessed via the Service, will result in the immediate suspension of the Service without prior notification.  These unauthorized activities include, but are not limited to: guessing at or using passwords other than the Customer’s own, accessing or attempting to access information that does not have public access permissions, and accessing any computer system to which the Customer or the public is prohibited from accessing.
  10. The benefits of and/or rights conferred by this agreement are non-transferable.
  11. The Customer is exclusively responsible for the confidentiality of data and passwords. Waldonet will suspend or change access to the Service immediately upon notification or detection that a password may have been compromised. Waldonet shall in no manner be responsible for the security of passwords or data held by Waldonet on behalf of the Customer.
  12. Waldonet shall only make changes to a Service including any password or access rights upon receipt of such instructions by the Customer, received in writing or by Electronic Mail.  Waldonet shall be entitled to charge a service fee for implementing instructions to this effect. The Customer shall at all times provide Waldonet with any identification information Waldonet may so request.
  13. The Customer is solely and exclusively responsible for all fees howsoever incurred for connecting to the and making use of the Service.
  14. The Customer shall pre-pay for use of the Service at the current rates for the Service as at the time of billing or renewal. In the event that Waldonet makes any exception and allows the Customer to use the service on credit, Waldonet retains the right to terminate the Service without prior notification should the service remain unpaid after 30 calendar days from invoice date. If cheques emitted by the Customer are not honoured, Waldonet shall charge the Customer an administrative processing charge. Service suspension does not relieve the Customer from the obligation to pay any outstanding balances in full including any penalties.  Interest at the highest rate permitted by law shall be charged on any amount remaining unpaid when due. Waldonet shall be entitled, and the Customer accepts, to inform any credit verification/rating agencies, legal/financial institutions or financial services organisations about the fact that balances have remained outstanding and or that cheques may have been dishonoured.
  15. Any financial discount on the Service provided by Waldonet to the Customer may be withdrawn upon notification to the Customer.
  16. Should any products or software be purchased by the Customer from Waldonet, these shall by default not have any warranty unless it is clearly stated.
  17. Waldonet has a NO REFUND policy even if the Service is not used or terminated earlier by either party.
  18. In the event that the Customer intends to discontinue use of the Service, the Customer shall advise Waldonet at least fifteen (15) calendar days prior to termination. Such notification shall be by Electronic Mail originating from a recognised email address of the Customer. Notification shall only be deemed to be effective upon receipt by the Customer of Waldonet’s formal acknowledgement.
  19. Waldonet reserves the right to make changes to the Services at any moment in time. Such changes shall not hinder the overall functionality of the Service. Changes may be, but are not limited to, access procedures, office hours, software, user interfaces menu structures, commands and documentation.
  20. Waldonet reserves the right to delete the Customer’s personal files including but not limited to website, ftp files, and stored email, upon termination of service by any party or non renewal of service.
  21. Waldonet may at its sole discretion and without prior notice, terminate the Service Agreement immediately or suspend the access to the Service upon any breach of this agreement, including, but not limited to, refusal or failure to submit timely payment for the Service.
  22. Waldonet may modify the terms and conditions within this agreement upon notice published online via the Waldonet web site or an E-Mail notification to the Customer at the Waldonet provided E-Mail box or by means of a message written on the Invoice or Renewal reminder of the Service.  The new terms and conditions will come into force within 30 days of publication. Should the changes made to the Terms and Conditions be of material impact on the Service, the Customer has a right to request cancellation of service during the 30 day period and a pro-rata refund for any unused portion of the service will be issued by Waldonet.  Continued use of the Service constitutes acceptance of these terms and conditions.
  23. These terms and conditions supersede any and all previous representations, understandings, or agreements, both verbal or in writing, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. No verbal agreements shall apply between the parties.
  24. In the event that any provision of this Agreement conflicts with the laws under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to the Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect.
  25. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.
  26. This agreement may be assigned to any third party by means of a 30 day notice given from one party to the other.
  27. With Reference to the Data Protection Act, Waldonet shall only process such data in the manner and for the purposes stated in the following clause. Subscribing to or using the Service confirms that the Customer consents to such processing.
  28. When registering for Waldonet services, we retain your name, contact and address details, and if applicable VAT registration number, for logging and invoicing purposes. At no time will these details be passed on to or shared with third parties for whatever reason, including unwarranted advertising, survey and data collection purposes. We also keep data relevant to consumption of the Service for billing purposes. This is kept in line with guidelines issued by the relevant authorities.