Wizz-it Terms and Conditions

1) General

The Wizz-it site is operated by Wizz-it Limited ("Wizz-it"). We are registered in England and Wales under company number 4978170 and have our registered office at Priory House, 45-51 High Street, Reigate. Surrey RH2 9AE .
This page, together with the documents referred to on it sets out the terms of use on any Wizz-it product ("the Product"). Please read these terms of use carefully before you start to use the product. By continuing with the purchase of this product you agree to be legally bound by:
1. the terms and conditions ('the Terms') set out below with immediate effect. If you do not agree to be legally bound by all the following terms please do not continue with this purchase;
2. and the terms and conditions of Nominet which can be found by clicking on the following link: http://www.nominet.org.uk/nominet-terms. This is a separate contract independent of your agreement with Wizz-it.
Wizz-it may alter these terms and conditions at any time. Please review these terms regularly to ensure you are aware of any changes made by Wizz-it. Your continued use of wizz-it.co.uk after changes are posted means you agree to be legally bound by these terms as updated and / or amended.
Unless expressly stated in writing by Wizz-it all fees and charges set out in these Terms are inclusive of VAT.

2) Basis of Purchase

The order placed by the Customer constitutes an offer to purchase the Product and acquire the Services subject to these Terms. The order will lapse unless unconditionally accepted by Wizz-it within 7 days of its date.
No variation to the order or these Terms shall be binding unless agreed in writing between the authorised representatives of the Customer and Wizz-it.

3) Provision of Services

The Customer will have the benefit of the full range of Wizz-it's services ('the Services') as listed on wizz-it.com. The Services include web design, hosting, domain names, email, and technical support.
The Services are provided to the Customer for a current fee of £99.00 per year.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the Customer. Cancellation must be issued by writing, email or through the Wizz-it control panel . Any cancellation issued via the Wizz-it control panel must be done at least one (1) day prior to the end of the contract term. Any cancellation issued not issued via the Wizz-it control panel must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
The Customer can cancel their subscription to Wizz-it at anytime, providing that the customer has no outstanding debts with Wizz-it.
The Customer may, at any time, transfer their domain name(s) away from Wizz-it, providing that the customer has no outstanding debts with Wizz-it.
Wizz-it is not responsible for any third party charges incurred by transferring a domain name away from Wizz-it.
Wizz-it will not, under any circumstances, issue cash refunds for early contract cancellation.
Domain names registered using Wizz-it are final and cannot be changed. Any changes will require the registration of a new domain name at a current cost of £10.00 including VAT per domain name registered for one year from the date of registration.
If the Customer does not renew the Services the domain name will expire. Wizz-it excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of the Customer's failure to renew the Services.
Wizz-it excludes liability for any loss of profit caused to the Customer by the expiration of the domain name as a result of a technical fault or any other fault caused by any third party or the negligence of Wizz-it.
Wizz-it reserves the right to adjust the cost of the Services at any time.

4) Availability

The Customer acknowledges that Wizz-it's systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
As a Wizz-it webiste customer, you are responsible for ensuring that Wizz-it has current and up to date details relating to your contact addresses and your registered account, and that your email system is configured so as to allow Wizz-it emails and notifications to be delivered to your inbox.
Wizz-it shall not be liable for any loss, damage, cost or expense suffered by you as a result of any unauthorised use of your user identification code or password, or for any unauthorised access to any password protected part of the Wizz-it site, or any other unauthorised access to your content held by Wizz-it.
In the event of any such interruptions Wizz-it will notify the Customer by email as soon as reasonably practicable of any such interruptions to its ability to provide the Services.
Wizz-it agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.
Subject to Wizz-it's compliance with clause 5 above, Wizz-it excludes liability for any loss of profit caused to the Customer as a result of the system not being fully operational.
POP3 and SMTP services on the Customer's domain name is available only during the Customer's period or subscription to the Services.

5) Liability

Wizz-it gives no condition, warranty, or undertaking, and makes no representation to the Customer about the suitability of, or fitness of the Services for the Customer's purposes other than those conditions, warranties, undertakings or representations expressly set out in these Terms.
With the exception of any rights which the Customer may have under applicable law in all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded from the Terms to the fullest extent permitted by law.
Nothing in these Terms excludes or limits the liability of Wizz-it for:
1. death or personal injury caused by Wizz-it's negligence; or
2. from further fraudulent misrepresentation or fraud.
Subject to clauses (ii) and (iii):
1. Wizz-it's total liability in contract, tort, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the fees received in relation to the Services; and
2. In no event shall Wizz-it be liable to the Customer whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. 'Consequential Loss' shall for these purposes mean (i) pure economic loss (ii) losses incurred by any customer of the Customer or other third party (iii) loss of profits (whether categorised as direct or indirect) (iv) losses arising from business interruption (v) loss of business revenue, goodwill, anticipated savings (vi) losses whether or not occurring in the normal course of business, wasted management or staff time (viii) loss or corruption of data.

6) Customer Content

Wizz-it will not be responsible for the accuracy and / or functionality of the material created or supplied by the Customer to Wizz-it ('Customer Content') in the form in which it is provided by the Customer or as modified upon and in accordance with the Customer's instructions for inclusion on the website.
Wizz-it will not be responsible for the Customer's failure to fulfil any orders placed for those goods or services being sold or promoted by the Customer on its website.
If Wizz-it reasonably forms the view that the Customer Content of any website may be pornographic, defamatory, misleading or deceptive or otherwise in breach of any third party's rights or in contravention of applicable law, including breach of any third party intellectual property rights, Wizz-it may without prior notice or any liability remove that Customer Content from the website and shall within 24 hours thereafter notify the Customer of its removal.
With reference to clause (iii) above the Customer agrees to take all reasonable steps to ensure they are not in breach of any third party intellectual property rights by, including but not exclusively limited to, the illegal use of commercial songs on their MP3 players and / or by the unauthorised use of copyright works and / or by the unauthorised use of any registered intellectual property rights.
The Customer shall indemnify and hold harmless Wizz-it and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content including but not limited to the posting and / or transmission of Customer Content on the website.

7) Ownership

Wizz-it agrees that the Customer will own all the intellectual property rights in the Customer Content of the website.
The Customer will have sole responsibility for the use of any third party intellectual property rights included on the Customer's website and in the Customer Content. The Customer agrees to take all reasonable steps to ensure that the use of any third party intellectual property rights has been authorised and is not in contravention of any applicable law.
Any intellectual property rights owned by either party and required for the performance by the other party of its obligation under these Terms or the use of the website by the Customer shall be licensed to that other party on a non-exclusive, irrevocable, royalty free basis for the period during with the use of those rights by that party pursuant to these Terms is required.
Neither party shall grant a sub-licence under the licences created without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.

8) Free Trial

If the Customer has registered for a trial of a Service ("Trial Period"), the Customer will have the entire Trial Period within which to purchase the Product the Customer is using in order to retain any of the content that is on the Customer's Site(s) that the Customer built during the Trial Period. If the Customer has not purchased the Service by the end of the Trial Period, all of the Customer Content will be deleted. Wizz-it is not responsible for any damages to the Customer in the event the Customer decides not to purchase the Product and Wizz-it deletes the Customer's content after the Trial Period expires.

9) Termination

Wizz-it may terminate the Services by notice in writing or by email to the Customer in the event that:
1. the Customer fails to pay the amount due to Wizz-it and does not make that payment within 14 days after receiving notice requiring the client to do so;
2. the Customer fails to perform any of the obligations on its part to be observed or performed pursuant to these Terms and such failure is not remedied by the Customer within 14 days after receipt of it of a notice in writing requiring the default to be remedied;
3. any of the warranties or representations made by the Customer are false or inaccurate in any material way.
The Customer may request by writing, email or through the Wizz-it control panel that the domain name be transferred to an alternative hosting company, thereby terminating the Services, provided that:
1. the Customer has no outstanding debt due to Wizz-it;
Either party shall be entitled to terminate the Services provided immediately by notice in writing or email or through the wizz-it control panel to the other if the other party shall:
1. commit any material breach of any of its obligations under these Terms which (in the case of a breach capable of being remedied) shall not have remedied within 14 days after receipt of written request so to do;
2. pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect;
3. have an administrator appointed or documents are filed with the court in respect of such appointment or notice is served of an intention to appoint an administrator by that party or its directors or by a qualifying floating charge holder as provided in the Insolvency Act 1986, paragraph 14 Schedule B1;
4. make any voluntary arrangement with its creditors or become subject to an administration order;
5. have a receiver or manager or similar official appointed over the whole or substantial part of its undertaking or assets of such party;
6. terminate or threaten to terminate to carry on business; and
7. have any similar event occur under law of any other jurisdiction in respect of it.

9) Equipment and access

The Customer must provide, at its own cost, telecommunications services, computers and other equipment or services necessary to enable it to have access to the Services. The Customer must comply with all the rules and regulations that apply to the communications means by which the Customer obtains access to the Services.

10) Personnel and subcontractors

Wizz-it may in its absolute discretion sub-contract the performance of any of its obligations under these Terms.

11) Warranties

Each party warrants to the other that;
1. it has the authority to perform its obligations under these Terms; and
2. it has the ability to perform its obligations under these Terms.
Wizz-it warrants to the Customer that the Services:
1. will be provided by appropriately qualified and experienced personnel using all reasonable care and skill;
2. will not knowingly infringe the Intellectual Property rights of any third party
The Customer warrants to Wizz-it that:
1. the use by Wizz-it of any works or materials submitted by the Customer to Wizz-it under these Terms will not infringe the rights of any person or contravene any law;
2. it is solely responsible for communicating with persons who access its websites or other sites and that it will not divert any complaints or concerns to Wizz-it.
Wizz-it shall not be liable for defects resulting from improper use of the Services by the Customer or by another third party.

12) Indemnity

Each party ('the first party') indemnifies and undertakes to keep indemnified the other party, its officers, employees, contractors and agents ('the second party') against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against the second party any person arising out of or as a consequence of an unlawful or negligent act or omission of the first party, its officers, employees or agents in any way connected with these Terms arising from any failure of the first party to comply with these Terms or otherwise.
The indemnity extends to and includes all costs, damages and expenses reasonably and properly incurred by the second party in defending any such action, proceeding claim or demands.

13) Confidential Information

Each party may use the Confidential Information of a disclosing party only for the purposes of these Terms and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.
Each party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of these Terms but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
All documents and other materials containing Confidential Information of either party will be returned to that party immediately upon termination of the Services
The parties' obligations to keep information confidential will survive the termination of the Services.
The obligations of confidentiality do not extend to information that:
1. is or becomes public knowledge (otherwise than as a result of a breach of these Terms); or
2. is required by law to be disclose

15) Enforceability

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of the Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of the remaining Terms.

16) Alternative Dispute Resolution

All disputes at any time arising between the parties that cannot be resolved by negotiation may be referred to an expert in accordance with the remaining provisions of this clause.
The expert shall have appropriate qualifications and practical experience to resolve the particular dispute and be agreed by the parties or in the event of failure to agree shall be appointed by the President for the time being of the British Computer Society.
The parties shall promptly furnish to the expert all information relating to the particular dispute reasonably requested by him, imposing appropriate obligations of confidence.
The expert shall be required by the parties to use all reasonable endeavours to render his decision within 30 days following his receipt of the information requested or if this is not possible so soon thereafter as may reasonably be practicable and the parties shall co-operate fully with the expert to achieve this objective.
The parties shall share equally the fees and expenses of the expert. The decision of the expert shall be final and binding upon each of the parties.
For the avoidance of doubt the provisions of this clause provides for a form of advanced dispute resolution and is not a reference to arbitration.

17) Conflict of Terms

Except as otherwise expressly provided in these Terms in the event of any conflict between these Terms and the standard terms and conditions of the Customer these Terms shall prevail.

18) Vairation to Terms and Conditions

Wizz-it may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

19) Jurisdiction and Governing Law

These terms and conditions are governed by English Law and any disputes arising in relation to these terms and condition shall be subject to the non-exclusive jurisdiction of the English courts.

20) Exclusion of Third Parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no person other than the parties to these Terms shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.

21) Intellectual Property

All intellectual property rights in the Wizz-it site and in the Wizz-it trademarks and and brand names belong to Wizz-it or its licensors. All rights are reserved. No such content may be reproduced without Clickpic's prior written permission.