Customer Toolbox Login | Contact

Terms of Service

Revision date: Monday, 17 March 2014

The Web3k Terms of Service consists of the General Terms that apply to all customers and the Service Schedules applicable to Your services.

General Terms

Service Schedules:

 

General Terms

 
  1. Definitions
    1. "Agreement” means any agreement to which these terms & conditions are incorporated.
    2. “Web3k/We/Us” means Web3k Pty Ltd (PO Box 16003, Collins Street West, Victoria 8007 Australia). ABN: 50 078 775 778.
    3. “You/Your” means the person, company or business who purchases Service(s) from Web3k.
    4. “Service/Services/Service(s)” means the Service(s) to be provided by Web3k.
    5. “Package/Package(s)” means a collection of Service(s).
    6. “Price/Prices/Price(s)/Charge/Charges/Charge(s)” means the Price for the Service(s) set out on the Web3k website, in an order form or as otherwise notified to You.
    7. “Order/Orders/Order(s)” means a request to purchase Service(s) from Web3k.
    8. “Customer Account” means your customer profile, containing your personal, business, financial and other details pertinent to you Customer Account.
    9. "Charge/Charges/Charge(s)" means a charge to your for a Service.
    10. “Data” means any data, including but not limited to, content, text, image, files hosted or stored by You.
    11. “Servers” means computer equipment owned or leased by Web3k for the purpose of providing Service(s)
    12. “Network” means the telecommunications networks used for the purpose of providing Service(s)
    13. “Reseller” means an entity using Web3k’ Services for the purpose of reselling, on-selling or providing services to their End Customer(s).
    14. “Anniversary Date” means the date that you first created a Customer Account or subscribed to a Web3k Service.
    15. "Billing Perod" means a period of time in relation to which Charges are billed.
    16. “External Provider” means a third-party provider of web hosting or related services, which is not Web3k or where Web3k has no direct control over that service.
    17. “Additional Service” means a Service, which may be in addition to another Service, or have a requirement to be purchased in conjunction with another Service.
    18. “Resources” means the allowances and limits attached to Your Service(s), which you must use Your service within.
    19. “WordPress” means the third-party sofCware developed by WordPress Foundation, provided under the GPLv2 licence.
    20. “End Customer(s)” means the customer using a Service. And End Customer may be a direct customer of Web3k, or in the case of an intermediary procuring a Service from Web3k for the purposes of resale to another customer, this means the intermediaries customer.
  2. Agreement
    1. This Agreement is made and effective as of the date of acceptance, by and between You and Web3k.
    2. Web3k provides Service(s) for the purpose of conducting business on the internet, including but not limited to web hosting, reseller webs hosting, virtual private servers, dedicated servers, website development & design and from time to time other Service(s) as listed on Web3k’s website.
    3. You desire to use some, or all of the Service(s) to maintain Your presence on the internet.
    4. In consideration of the above, You and Web3k hereto agree to the following:
  3. Assignment
    1. This Agreement (“Agreement”) is made and effective as of the date of acceptance, by and between You and Web3k.
    2. You may not assign this Agreement, including any rights, obligations or Services(s) without prior express written permission from Web3k and any attempt to do so will be void and may result in Service(s) being terminated.
    3. If Web3k provides written permission for assignment, this Agreement shall continue to be binding upon the parties’ respective successors and permitted assigns.
  4. Governing Law
    1. This Agreement between You and Us is governed by and construed according to the law of the State of Victoria, Australia. It is a condition that You agree to submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of the Commonwealth of Australia.
    2. Where this web site hosts or transfers any personal information outside the state of Victoria such information will be managed in accordance with the requirements of the Information Privacy Act 2000.
  5. Force Majure
    1. Web3k, its directors, employees, independent contractors, agents, affiliates, licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement in an unforeseen or uncontrollable force or event, such as fire, flood, earthquake, storm or other disturbance caused by the elements, an act of God, war, strike, lockout, riot, explosion, insurrection, government action, government order or other industrial disturbance, which is not reasonably within the control of the party affected, but does not include in Your case, a failure to pay Charges by the Due Date.
  6. Updates to Terms of Service
    1. Web3k reserve the right to update, amend, modify, revise and replace the Web3k Terms of Service at any time.
  7. Confidentiality
    1. You are responsible for maintaining the confidentially of any credentials and data, including associated with Your Customer Account.
  8. Limitation of liability, no other warranty and disclaimer
    1. Although care has been taken to ensure the accuracy of information on this
    2. Under no circumstance shall Web3k be liable for any direct, indirect, incidental or consequential damages, including but not limited to the loss of data, loss of profits, loss of use or business interruption) however caused and You shall indemnify Web3k against all damages.
    3. Web3k specifically disclaims all other warranties, expressed or implied, including but not limited to the implied warranties of fitness for a particular purpose and merchantability.
    4. Service(s) are provided on an “as is” basis.
  9. Authority
    1. If You are entering into this agreement on behalf of a company, corporate entity or other registered body, You warrant that You have the right to act on behalf of a company, corporate entity or other registered body.
    2. Web3k may require You to provide evidence You have the right to act on behalf of a company, corporate entity or other registered body.
  10. Eligibility
    1. You agree that You are of legal age to enter into this agreement, in accordance with the laws of Your jurisdiction. Web3k may require You to provide proof of age.
    2. You agree that the details that You provide to us on Your Order(s) shall be true, accurate and complete. Web3k may request You to provide proof of Your identity and address.
    3. Our Service(s) may not be available to a small number of customers in certain circumstances. We will tell You if this applies to You.
    4. Web3k reserves the right to refuse Service(s) to anyone.  
  11. Service(s)
    1. Web3k agrees to provide to the Client the Service(s) selected by the customer in Web3k’s Service(s) suite specified at the Web3k Website.
    2. Service(s) may not be transferred from You to another customer, or to a new customer without prior express written permission from Web3k. An application for Service(s) transfer should be made directly to Web3k.
    3. Packages
      1. You accept that some Service(s) are offered as a package and that these products and/or Service(s) may cost more when not combined as part of the package. You accept that if Service(s) as part of a package are transferred away, cancelled or not retained with Web3k, the package may no longer be applicable and each remaining item will be charged at their standard rate as per the Web3k website.
    4. Web3k reserves the right to change, remove or replace any Internet Protocol (“IP”) numbers, address or address blocks assigned to You or Your Service(s).
    5. Where a Service includes any allowances, entitlements or inclusions, including but not limited to, storage or bandwidth, you acknowledge there is no rebate if You use a lesser amount that specified in your Service, package or plan and these allowances, entitlements or inclusions do not carry forward in the event they are not fully utilised. For avoidance of doubt, allowances, entitlements or inclusions not used within a given Billing Period are forfieted and are not carried forward.
  12. Service Activation
    1. Web3k maintains that it will activate Service(s) ordered, paid for and those that pass fraud screening in a reasonable timeframe and makes no guarantee the time or speed Service(s) will be provisioned and activated.
    2. An Order may be delayed in the event fraud checks are processed.
    3. Orders or Service(s) deemed to be high risk may require validation through the verification of government issued photo identification and/or a scan of the Credit Card used for the order. This validation step is at the sole discretion of Web3k. You agree to provide this information in a timely manner.
    4. The time to activate Service(s) differs across Web3k’s service range. Some Service(s), including but not limited to, Virtual Private Servers (VPS), Dedicated Servers, Co-Location and Managed Services, may require manual intervention during their provision.
    5. Services will be provisioned and activated in the order they are ordered and paid.
    6. If You fail to meet any requirements, Your order may be cancelled without notice.
  13. Customer Account
    1. It is Your responsibility to maintain Your Customer Account with Us as such it contains Your most current, up to date personal or company details, including payment facility and You warrant that this information is correct.
    2. We may suspend Your Customer Account is we believe Your Customer Account details are incomplete, inaccurate or false.
    3. It is Your responsibility to choose a password that is difficult to guess and that You change it on a regular basis. Web3k DO NOT recommend using easy passwords which contain dictionary words. Web3k DO recommend using passwords with at least ten (10) characters long, with a mixture of lower case and uppercase letters, numbers and special characters and symbols.
    4. You accept full responsibility for any actions from Your Customer Account, including purchases, modifications to Your Customer Account, cancellations by You or any third party that may have access to Your Customer Account.
    5. You email address will be used for invoicing purposes and Web3k reserves the right to use Your email address to communicate to You products and offers. You can unsubscribe from marketing communications within the customer toolbox.
    6. We will also use Your email for Customer Account and Service notifications. You cannot opt-out of receiving these notifications as email is our primary method of communicating with You.
    7. For information on how we use the information contained within Your Customer Account, please see Our privacy policy.
  14. Data
    1. All data created, stored and transmitted by You within Web3k’s systems, network, applications and servers is Your property.
    2. Web3k allows access to such data by authorised Web3k employees and Web3k makes no ownership claim of this data.
    3. While Web3k maintains backups of its servers and equipment, it is Your explicit responsibility to perform and maintain regular, adequate backups of Your own data and You agree test regular, adequate backups of Your own data. Web3k cannot be held accountable if it cannot provide or restore a backup of Your data.
    4. Web3k will use reasonable endeavours to assist You in restoring backups associated with Your Service(s).
    5. Under no circumstance shall Web3k be liable for any direct, indirect, incidental or consequential damages, including but not limited to the loss of data, loss of profits, loss of use or business interruption) however caused and You shall indemnify Web3k against all damages.
  15. Invoicing
    1. You will be invoiced automatically for the next term on the basis of the Service(s) and plan selected. Payment for an invoice and any current and outstanding charges will automatically be processed on the due date, unless paid earlier and is non-refundable.
    2. If You selected a monthly billing Service, Your due date is the same day each calendar month of the day You purchased.
    3. In the event You purchased a Service on the 29th, 30th or 31st of any given month, Your due date will become the 1st of each month.
    4. Due dates for Service(s) associated with Your Customer Account will not necessarily be the same day each month.
    5. We will send You an invoice prior to Your due date, which You must pay on time. We may send You separate invoices if You take more than one Service from Web3k. Web3k provides invoices in electronic format only and You must provide us with a valid, working email address so that we can send You our invoice.
    6. You can change Your billing email address online via the Customer Toolbox online service.
    7. Invoices will not be sent by regular mail or in printed format.
  16. Payments
    1. All Service(s) and/or Package(s) must be paid for in advance in accordance with the terms set out for those Service(s).
    2. You must pay Charges by the Due Date.
    3. You warrant You are authorised to make payment using the payment facility You disclose to Web3k.
    4. In the event You are not the named card holder or Customer Account holder of the payment facility, Web3k may request photo identification before providing Your Service(s).
    5. Web3k takes all precautions to notify customers when payment card, credit card or other payment facilities are due to expire. It is Your responsibility to maintain these details with Web3k and failure to do so may result in Late Payment fees being applied to Your Customer Account, Service(s) and/or Package(s) accordingly.
    6. Payments must be made in the currency specified by the plan. If no currency is specified, the currency will default to Australian Dollars (AUD).
    7. Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and Web3k makes no representations or warranties with respect to those Service(s).
    8. Web3k reserves the right to suspend all Service(s) attached to Your Customer Account in the event an invoice falls overdue. Un-suspension of the Service(s) will take place once the outstanding debt is paid in full. Such suspension does not relieve You of paying contractually obligated invoices and outstanding amounts to Web3k.
    9. Where unused credit notes exist on Your Customer Account, these will be taken in payment of Your Customer Account. Where the value of the credit note is less than the total amount due, the balance will be taken from the payment facility specified on Your Customer Account.
  17. Charges
    1. Web3k reserve the right to change the Price(s) of its Service(s) and/or Package(s) on the basis that is provides You with thirty (30) days written notice of the change. Written noticed will be issued by e-mail to the email address Web3k have on record for Your Customer Account. Price changes will become effective at the end of Your Service(s) and/or Package(s) current term. You will be charged the new Price when the service is automatically renewed for a further term and the end of the current term.
    2. Payments must be made in a currency that Web3k accepts, including but not limited to;
      1. Australian Dollars (AUD)
      2. United States Dollars (USD)
      3. Great Britain Pounds (GBP)
    3. Service(s) offered by Web3k may be offered in one currency and not others at the sole discretion of Web3k.
    4. Australian Residents and Businesses are subject to a Goods and Services Tax (GST) of 10%, under A New Tax System (Goods and Services Tax) Act 1999.
    5. Prices displayed on the Web3k website in Australian Dollars (AUD) are inclusive of GST. Non-Australian Residents and Non-Australian Businesses are not subject to GST and this tax will be removed at the time of checkout/purchase.
  18. Refunds
    1. In the event Your Service(s) are cancelled due to a breach of these Terms of Service, or specific terms that make up Your Service(s) that were presented leading up to and at the time of purchase, You are NOT entitled to a refund of pre-paid fees or charges, in full or pro-rated.
    2. In the event Your Service(s) are cancelled due to a breach of these Terms of Service, or specific terms that make up Your Service(s) that were presented leading up to and at the time of purchase, You are NOT entitled to a refund of pre-paid fees or charges, in full or pro-rated.
    3. Credit Notes issued to You are non-refundable and can only be used for payment or partial payment of Your Service(s) and/or Package(s).
  19. Unpaid and Overdue Accounts
    1. Customer Accounts and/or invoices that fall past due as subject to a Late Fee.
    2. Any Service(s) that falls thirty (30) days past due will have any files, content, emails and back-ups (“Data”) removed and deleted from Web3k’s systems. The Data is destroyed and irrecoverable.
    3. Overdue Customer Accounts and associated invoices may be submitted to a third party Debt Collection agency for the for the purpose of collection, which may result in additional fines or fees being applied to your Customer Account.
  20. Fees
    1. Standard Fees
      1. You agree to pay any fees associated with your Customer Account and Service(s).
      2. Web3k may apply, from time to time the following standard fees for its Service(s)
      3. Set-up Fee; Web3k may impose a Set-up Fee for its service(s). A Set-up Fee is a one off, non-recurring fee. Where a set-up fee is not explicitly stated, no Set-up Fee will apply.
      4. Recurring Fee; All Services(s), with the exception of services purchased on a one-off basis (i.e. one-off website development), attract a Recurring Fee(s). These Recurring Fees will be due on the Anniversary Date of your service until a cancellation request for a Service(s) is submitted and accepted.
      5. Up-front Fee; Web3k may impose an Up-front Fee for its services. An Up-front Fee is a part payment towards Service(s), where further Milestone or Final Fee(s) are due. Where an Up-front Fee is not explicitly stated, no Up-front Fee will apply.
      6. Milestone Fee; Web3k may impose Milestone Fee(s) for its services. Milestone fees may be imposed in conjunction with Up-front and/or Final Fees. Milestone fees are typically imposed where a milestone of work is completed by Web3k for You. Where a Milestone Fee is not explicitly stated, no Milestone Fee will apply.
      7. Final Fee; Web3k may impose a Final Fee for its services. A Final Fee may be imposed in conjunction with Up-front and/or Milestone Fees. Final fee(s) are typically imposed where a body of work has of work is completed by Web3k for You and no further payment is due for that body of work in question. Where a Final Fee is not explicitly stated, no Final Fee will apply.
      8. One-off Fee; Web3k may impose a One-off Fee for its services. A One-off Fee may be imposed where a body of work has of work has been completed by Web3k for You and no further payment is due for that body of work in question. Where a One-off Fee is not explicitly stated, no One-off Fee will apply.
      9. Excess Fees; Web3k may impose excess fees under certain circumstances. excess fees may be payable where resources are consumed above the limits of a Service and are generally non-recurring (unless excess resource consumption continues). A list of excess fees can be found in Excess Fees.
      10. Customer Account Fees; Web3k may impose Customer Account fees under certain circumstances. Customer Account fees may be recurring or non-recurring. A list of Customer Account fees can be found in Customer Account Fees.
    2. Excess Fees
      1. Web3k do not automatically impose excess charges or fees when Your Service(s) reaches its agreed limits defined within its plan, unless explicitly stated or agreed.
      2. Some Services(s) allow You to purchase additional allowances.
      3. It is Your responsibility to regularly check Your defined usage limits within the Customer Toolbox.
    3. Customer Account Fees
      1. A Late Payment Fee may be applied to your Customer Account where Your Customer Account or Invoice(s) fall past due in addition to suspended Your Service(s). The Late Payment Fee is currently levied at 5% of the total monies owed on an invoice with a minimum Late Payment fee of $5.00.
    4. Chargebacks
      1. A “Chargeback” occurs when You withdraw any payments made via a bank, credit card, PayPal account or other payment method Web3k accepts.
      2. If a Chargeback occurs, Web3k reserves the right to immediately and without notice, suspend or cancel all Service(s) and/or Package(s) associated with Your Customer Account. Suspension or cancellation of Your Service(s) and/or Package(s) associated with Your Customer Account does not relive You of any outstanding contracted charges or fees due.
      3. In the event a Chargeback occurs against Your Customer Account, an AUD$25.00 (inc. GST) administration fee will apply to Your Customer Account for each Chargeback raised.
      4. Web3k reserve the right to defend any chargebacks directly with the card issuer.
  21. Cancellation / Termination
    1. You can elect cancel Your Service(s) immediately or at the end of Your current term. Once cancellation of Service(s) and/or Package(s) has taken place, the data associated with those Service(s) and/or Package(s) is irrecoverable. Refunds will not be issued where a Service is cancelled immediately and has any remaining term.
    2. You may cancel Your Service(s) by using the cancellation request form within the Web3k Customer Toolbox.
    3. Service(s) and/or Package(s) that have any term remaining as part of a contract or minimum term cannot be cancelled prior to the contract or minimum term end and no early termination is possible.
    4. Web3k reserve the right to suspend and/or cancel Your Service(s) at any time, without notice if You breach these Terms of Service, Acceptable Use Policy or other legal terms set out by Web3k.
    5. In the event Your Service(s) are cancelled, terminated or expire, You shall relinquish any Internet Protocol (“IP”) numbers, address or address blocks assigned to You or Your Service(s).
  22. Duration & Renewal
    1. Upon purchasing a service You agree to commit to the contract for the term indicated.
    2. Service(s) which are acquired from Web3k by You where payment is required on a monthly basis may also selectively be made available for fixed minimum term contracts.
    3. Service(s) will continue to renew for successive terms, until cancelled or terminated by You.  
  23. Trials
    1. Unless specifically stated in the details of the Service and/or Package You purchased or agreed by Web3k to You in writing prior to purchase, Service(s) are not made available on a trial basis. It is Your responsibility to ensure the Service(s) and/or Packages are suitable for Your requirements.
  24. Resale of Service(s)
    1. The resale of Service(s) are not permitted unless explicitly stated with the Service(s) terms and intended to be used by the primary owner only. You agree that such activity is undertaken at Your own risk and that all end-users are bound by these same Terms of Service.
    2. Where the resale of services is permitted and explicitly stated, You the Reseller, are responsible for supporting your customers. Web3k will not directly communicate with a customer of a Reseller. It is the Resellers responsibility to liaise directly with Web3k on their customer’s behalf.
    3. Web3k accepts no liability to Your or any third party for any loss arising from the resale of Service(s) as if permitted.
  25. Acceptable Use of Service
    1. Web3k reserve the right to suspend Service(s) if Web3k deems that the use of the service impacts the ability for other customers to use the Service(s) as expected.
    2. Web3k does not allow You to host content on its servers and equipment that breaches our Acceptable Use Policy and is considered Unacceptable Content. Web3k reserve the right to remove any content where it reasonably believes the content You are hosting is in breach of the Acceptable Use Policy and is considered Unacceptable Content.
    3. Web3k will notify You if You breach the Acceptable Use Policy.
    4. Web3k reserves the right to refuse service to You, entirely at its discretion, on the basis it reasonably believes that the content You will, or are hosting is in breach of the Acceptable Use Policy.
    5. Web3k reserve the right to move Your Service(s) to a different server with no prior notice.
    6. You indemnify Web3k against all damages, expenses and losses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
    7. In the event that Web3k removes data or content from Your Service(s), or suspends Your Service(s) for a breach of the Acceptable Use Policy, You indemnify Web3k against all damages, expenses and losses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
  26. Unacceptable Content
    1. As per the Acceptable Use of Service terms, some content is considered Unacceptable Content and You should NOT host or store this on your Customer Account and related Service(s).
    2. Failure to comply with the Acceptable Use of Service and Unacceptable Content terms will result in either the offending content being removed from your Service(s) or Your Customer Account being suspended or terminated, without refund.
    3. Unacceptable content examples include, but is not limited to:
      1. Adult orientated content
      2. Bitcoin Miners
      3. Broadcast or Streaming of Video or Live Events
      4. Bulk or Anonymous SMS Gateways
      5. Commercial Audio Streaming (more than one or two streams)
      6. Content containing defamatory or abusive language
      7. Content promoting illegal activities
      8. Content promoting illicit drugs
      9. Content promoting controlled substances without providing proof of permit
      10. Content engaging in Escrow related activity
      11. Distribution of internet viruses, worms, trojan horses or other destructive activities
      12. Fraudulent Sites or sites hosting copyright material
      13. Gambling / Lottery related content
      14. Hacker or hacking related content
      15. Non-personal image hosting scripts
      16. Internet Relay Chat (IRC) scripts (bots, scripts & servers)
      17. IP scanners 26.2.18. Pirated & illegal software
      18. Proxy scripts 2
      19. SPAM / mail Scripts
      20. And other content which Web3k deems, at is sole discretion, to be Unacceptable Content or where it is in violation of any Australia federal or state laws.
    4. Unacceptable content includes content directly hosted or stored on your Customer Account or hosting links to content either directly by You or via a third-party (e.g. forum, comment scripts etc.)
  27. System Resource Usage
    1. System resources, unless explicitly specified, are shared across customers.
    2. Web3k enforces system resource limits across its Service(s) to ensure that all customers and Service(s) have equal access to system resources, to protect customers and ensure every customer receives a high level of service quality.
    3. Each type of Service Web3k offers has its own limits, restrictions and system resource allocation.
    5. If You continue to use system resources that is considered excessive, detrimental to other customers or places the Server(s) or Network(s), this will be considered a violation of these system resource usage policies.
    6. In most cases, we will notify You if Your site is consuming excessive resources. You will be responsible for correcting the issue to reduce system resource consumption.
    7. In extreme cases, we may suspend Your Service(s) first, and then notify You. If possible, we will coordinate a time with You to remove the suspension allowing You to remediate the issue.
    8. If Web3k are not satisfied that the remediation efforts are sufficient, we may continue to suspend Your Service(s) until We are satisfied with the remediation efforts.
    9. Web3k reserves the right to remove, edit or alter a website, script or data to reduce excessive system resource usage.
    10. See the specific Service(s) terms for detailed system resource usage limits applicable to Your Service.
  28. Unsolicited Bulk Email / SPAM
    1. Web3k take a zero tolerance approach towards unsolicited bulk email, otherwise known as SPAM. This includes the sending of unsolicited bulk email, bulk emailing or SPAM. Any unsolicited bulk email activity, including those using purchased or ‘safe’ email lists will be considered as unsolicited bulk email / SPAM.
    2. Web3k reserves the right to terminate, without refund, any Client and associated Service(s) that have been found to be engaging in the act of transmitting or sending spam through Web3k’s Service(s) or Network(s).
  29. Scheduled Maintenance
    1. From time to time, to ensure the good working order and performance of its servers and equipment, it is necessary to perform ongoing maintenance. Such maintenance may include making servers and equipment unavailable for a period of time and will we notify You, either by email or on the Web3k website in advance where this maintenance affects You.
  30. Service Level Agreement
    1. Web3k provides no Service Level Agreement (SLA) for Service(s) provided to You, unless explicitly stated for the Service(s) in question or by written consent supplied to You by Web3k.
  31. Support, Faults and Repairs
    1. When Web3k provides You with a Service(s), We cannot guarantee that the Service will never be faulty, will not fail and will not experience downtime otherwise known as an “Outage”.
    2. In the event You experience an Outage, we will to the best of our ability and within our control, make all attempts to rectify or correct a fault and restore Your Service(s) to a working order. In some cases, the ability to rectify or correct a fault will be outside of Web3k’s direct control as the Networks, which allow You to access the Service(s) may be provided by a third party company, which Web3k have no control over or direct agreement with.
    3. Should You have a problem with Your Web3k Service(s), You should contact Technical Support through the prescribed methods found on the Web3k website.
    4. Web3k is not liable to provide technical support or assistance to You if You make a request in a non-prescribed method.
    5. You must provide Web3k with the relevant information and access to Service(s) that would reasonably be required to resolve technical issues and support requests.
    6. Web3k provides Technical Support to You at no additional cost or fee for general technical issues and support requests.
    7. Web3k reserves the right, at its own sole discretion to charge a fee to You if it decides that the support request is not a general technical issue or support request. Fee associated with technical support are non-refundable.
    8. Any Client found to be disrespectful, rude or using profanity may be denied access to Service(s) with Web3k and will be asked to take their business to another company.
  32. Software
    1. Web3k provides third party software to You for the management of Your Customer Account and Service(s). This software is provided on an “as is” basis and Web3k takes no responsibility for any faults arising from using such third party software.
    2. The third party software used by Web3k includes, but it not limited to, cPanel, Fantastico, Softaculous, Plesk, Red Hat Enterprise Linux, CentOS, Microsoft® Windows®, Enkompass and others from time to time.
    3. You agree that the use of Your Customer Account and Service(s) that You use the service in accordance with the third parties licence and terms. Failure to abide by these licences and terms will result in the termination of Your Customer Account and/or Service(s).
    4. You may install third party software within Your Service(s) where possible and where You have the agreement and/or licence from the third party to do so. You are solely responsible for any licenses and fees associated with any third party software You use.
    5. Using third party software that is unlicensed, improperly licenced or is treated in such a way that it bypasses a licence or licensing system will result in the termination of Your Customer Account and/or Service(s).
    6. You use any third party software, either provided by You or Web3k at Your own risk. Web3k provides no guarantee for third party software and is not responsible or liable for any damage, loss of data, loss of use or other loss occurring in connection with the use of third party software by You.
  33. Equipment
    1. Equipment and hardware including, but not limited to servers, supplied by Web3k is leased To You by Web3k for the duration of Your term. Upon termination or Your Service(s), this equipment may be wiped of Your Data and resold to another customer where applicable.
    2. Where the equipment is leased to You by Web3k and in the event of an equipment failure, we will to the best of our ability and within our control, make all attempts to rectify or correct the failure either by restoration or replacement of equipment.
    3. Web3k at is sole discretion may charge You for the replacement of Equipment in whole or part.
  34. Training
    1. Web3k do not offer or provide training services regarding the basic operation of internet, online and hosting technologies and concepts. As basic level of understanding is required and expected to use the range of Web3k’s Services.
    2. Should a customer require assistance, a quote can be provided for the work the customer requires to be performed.