- 1. In General
- Effective August 8, 2017
- 3. Prohibitions
- 4. Intellectual Property, Software, Service and Content
- 5. Our Managed Hosting Services
- 6. Acceptable Usage Policy Of Managed Hosting Services
- 7. Terms of Sale
- (a) Our Contract
- (b) Pricing and Availability
- (c) Payment
- (d) Refund Policy
- (e) Notice
- 8. Disclaimer of Liability
- 9. Linking to this Website
- 10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
- 11. Indemnity
- 12. Variation
- 13. Invalidity
- 14. Complaints
- 15. Waiver
- 16. Entire Agreement
- Last Edited on 2017-08-12
1. In General
Effective August 8, 2017
The following terms and conditions govern all use of the wppp.io website, all its sub-domains and all content, services, features, activities and products available at or through the website, including, but not limited to, SevenPHP Consulting, SevenPHP Events, mobile sites and applications (collectively, the “Services”). The Services are owned and operated by SevenPHP Ltd. (“SevenPHP”, “us” or “we”). SevenPHP Ltd is a private company registered in the island of Mauritius with BRN C16136731.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and SevenPHP will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software, Service and Content
The intellectual property rights in all software, services and content (including photographic images) made available to you on or through this Website remains the property of SevenPHP or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SevenPHP and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. Our Managed Hosting Services
SevenPHP does not own or operate any servers in any location. SevenPHP purchases and uses established cloud and vps providers like, but not limited to, Vultr.com, DigitalOcean.com, AMAZON AWS, Linode.com or Belcloud..etc (collectively, “The Cloud Provider”) to provide a managed hosting experience to its clients. This means, the service or consultancy that is providing, originate from the island of Mauritius, where the service is being fulfilled.
SevenPHP is not to be held liable in the event there is any infrastructure damage or service interruption with The Cloud Provider. Should any such disruption of service occur, SevenPHP will, at its best of abilities, inform its cutomers duely and take prompt actions to help them in the best way possible.
6. Acceptable Usage Policy Of Managed Hosting Services
Using our Services requires common sense, and you agree not to use the Services in ways that violate the law, harm other people or our network, or breach Internet community standards. You may not use the Services to enable others to do those things. We have set out specific prohibited activities in this acceptable use policy (“Policy”).
However, because the nature of what is an acceptable use of the Internet is constantly evolving, we reserve the right to make changes to the Policy at any time. We agree to provide you with notice of material changes, and if they have a negative material effect on your ability to use the Services you may terminate your Agreement with us without any additional Fees.
You agree to incorporate the Policy, or restrictions no less protective of our interests, into your contract with your end users.
We fully reserve the right for electronically-mediated communications. Reasons for such monitoring may include the need to:
- ensure operational effectiveness of services,
- prevent a breach of the law, this policy,
- investigate a suspected breach of the law, this policy
You may not use the Services to violate any local, state or federal law or regulation. In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts or beastiality; illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against SevenPHP’s system, network or employees, including behavior that results in a server being the target of a denial of service attack.
In addition, at all time, the respective Acceptance Usage Policy of The Cloud Provider should be fully adhered to. In the event The Cloud Provider notifies us of any breach to their terms, we will in turn contact you about such breach and work with you to remedy this breach of contract with us. If in the event you refuse to coperate, we reserve the right to terminate your contract with us without any refund.
7. Terms of Sale
By placing an order with SevenPHP, you are offering to purchase a service or product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Processing times may vary according to availability and subject to any delays resulting from The Cloud Provider (to complete and confirm our order with them) for which we will not be responsible.
In order to contract with SevenPHP you must be over 18 years of age and possess a verified PayPal account and/or valid credit or debit card issued by a bank acceptable to us. SevenPHP retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be SevenPHP or may in some cases be a third party. Where a contract is made with a third party SevenPHP is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you a confirmation by e-mail that the service or producy which you ordered have been processed and made available to you. Only those products or services listed in the confirmation e-mail sent at the time of confirmation will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been sent a confirmation email the money paid as a deposit shall be used as consideration for the value of service or product you have purchased as listed in the confirmation email.
(d) Refund Policy
(i) Managed Hosting Service - The fee structure of our managed hosting services comprises a setup fee and the monthly cost. That setup fee is refundable at 50% only because of the effort/time that we spend preparing the service for you is not reversible.
But as our valued customer, if you are not satisfied with our service for whatever reason, **we will reimburse you the full amount you paid for the monthly fee.
All refund request should be made within 30-days as from the date of the order confirmation**.
(ii) One Time Server Installation - in the event you hire our service to install & configure your server stack, the one-time fee we charge you for this task is non-refundable because the effort & time spent preparing the service to you are not reversible.
(iii) Digital product (like ebooks) - the fee or cost associated with any such digital product we sell to you, are fully refundable within 7-days as from the date of the purchase, if you are not happy for whatever reason.
SevenPHP may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
8. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law – SevenPHP and its suppliers, content providers, cloud providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
9. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with SevenPHP and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to SevenPHP.
You agree to indemnify, defend and hold harmless SevenPHP, its directors, officers, employees, consultants, agents, cloud providers, suppliers and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees and damages) arising from your use of this Website or your breach of the Terms of Service.
SevenPHP shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Entire Agreement
The above Terms of Service constitute the entire agreement between you and SevenPHP and supersede any and all preceding and contemporaneous agreements between both parties. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of SevenPHP.