Terms & Conditions

Terms

Acceptable Use Policy: the acceptable use policy (as may be amended from time to time) which is published on our website www.wiziup.com;

Client: Individual/legal entity placing an Order;

Provider: the company WIZIUP WEB SRL, registered with the Trade Register under no. J33/1074/2021, CIF/TVA: RO44382883, with the main office in Suceava, Fantana Alba 2/9, Romania

Services: any services offered by WIZIUP WEB SRL, as indicated in the Order, and to be provided by the Provider to the Client.

Order: the agreement between the Provider and the Client whereby WIZIUP undertakes to deliver the services, and the Client undertakes to pay for the value thereof.

Agreement: an Order which is confirmed by the Provider.

By processing an Order on a website owned by WIZIUP, the Client agrees to the website’s Terms and Conditions. Order acceptance by WIZIUP is deemed completed at the time of its confirmation by e-mail. Until WIZIUP has confirmed the Order a contract between WIZIUP and the Client shall not be created.

Placing an Order

Once the desired services have been selected and added to the shopping basket, the Client shall proceed to the payment thereof as per the payment methods detailed under Means of Payment section.

The Clients undertake to enter complete, accurate and true data into the respective form. Domains are registered in keeping with the applicable legislation. WIZIUP cannot be held accountable for any damages caused by any client supplying inaccurate or incomplete information.

The Client agrees to pay for the value of our services in advance for the period during which such are to be supplied (on a monthly or yearly basis).

Services description

Use of WIZIUP Services

The Services offered by WIZIUP will be used by the Client for legitimate and ethical purposes only. The Client shall comply with the Acceptable Use Policy and shall procure that any other party using the Services shall also comply with the Acceptable Use Policy.

Sending of bulk messages, sending of messages to a large number of email addresses can be done using our servers or other servers to promote any website hosted on our servers, provided this is done in keeping with the applicable legislation. Any complaint received in this respect shall be forthwith forwarded to the Client to have the issue addressed between the two parties involved (Client and complainer), but WIZIUP may, in its absolute discretion, decide to directly suspend or terminate the Services depending on the nature of the complaint.

All the Services provided by WIZIUP are used and administered by the Client, and any use of these Services is the exclusive responsibility of the Client. WIZIUP cannot be held liable for any violation of any applicable legislation or the Client’s or an end user’s breach of the Acceptable Use Policy.

WIZIUP abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality

Use of Resources

Please note the web hosting, reseller and VPS server packages are in a shared space (server); consequently, no exclusive use of the resources over a long period of time by either you or your clients shall be accepted. The accounts which are detrimental to our servers shall be notified to address the issue within 3 days, as long as these damages are not severe. Otherwise, the respective accounts may be suspended until the situation is addressed. If the Client fails to address any issues notified to it within 3 days from the date of notification WIZIUP may, in its absolute discretion, terminate the Agreement.

Backups

The clients have full responsibility for the use of the Services. WIZIUP keeps daily, weekly and monthly backups, but it further recommends clients to keep their own backups, considering this is an additional and free-of-charge service. Even considering that the backups are guaranteed, they cannot be fully checked for confirmation of every file or directory. WIZIUP is not liable for the loss of any files and/or information.

Online Payment

WIZIUP trusts Stripe and MyPOS to collect online payments.

WIZIUP never has access to the payment information of its customers.

Suspension of Services for Payment Default

WIZIUP is entitled to suspend any service provided after 5 days since the payment due date of the services, would such payment have not been made yet.

Termination of Account for Payment Default

WIZIUP is entitled to finally delete any date pertaining to the relevant services after 30 days since the payment due date of the services, would such payment have not been made yet.

Uptime (Service Availability)

WIZIUP guarantees an uptime of 99,9%. Should the services not meet the 99,9% uptime level, WIZIUP may offer a month of free Services. The gratuity can be claimed by contacting the payment department by email at sales@WIZIUP.com, and we may approve such request at our discretion. The uptime of our servers is defined under the OS reports and our own monitoring systems, which means that it can be different of the uptime reported by other monitoring systems

Our Responsibility for Loss or Damage Suffered by You

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue
• business interruption
• loss of anticipated savings
• loss of business opportunity, goodwill or reputation
• any indirect or consequential loss or damage.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

In all cases, the maximum compensation for all damages under the responsibility of WIZIUP, can never exceed the amount paid by the customer, the 30 days preceding the incident.

Client’s Responsibility

The Client is responsible for updating the contact and billing information indicated in its account. WIZIUP accepts no liability or responsibility whatsoever for any damages incurred by the Client as a result of the Client not updating the contact and billing information

The Client is responsible for maintaining the security conditions of the username, passwords and other sensitive information. In case of any doubt in this respect, the Client has to change or request the authentication date be changed by contacting the support team

WIZIUP shall not be responsible for any damages caused by the temporary unavailability of our servers for whatever cause. This covers also the damages suffered due to data deterioration or loss

Force Majeure

None of the parties shall be accountable for non-performance of its contractual obligations should such non-performance be due to an event beyond its control, in accordance with the applicable legislation.

Governing Law - Jurisdiction

The agreement is governed by the Romanian law. Any potential disputes occurred between WIZIUP and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts of jurisdiction.

Intellectual Property Rights

All the materials contained in this website are intellectual property of WIZIUP. These materials can be neither copied, nor reproduced. Nevertheless, the full pages of the website can be printed out, provided such is done for personal purposes only.

Closing Provisions

In addition to the Terms and Conditions above, term of the service acquired by the Client, WIZIUP can enter also into additional service provision agreements, in which case the conditions thus set will be also applicable between the parties. Thus, the Terms and Conditions amount to a master agreement which can be subsequently amended by agreement of the parties under additional executed agreements or appendices;

WIZIUP reserves the right to amend its policies (including for the avoidance of doubt the Acceptable Use Policy) and service use conditions without prior notice.