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Terms & Conditions of Service

Please read these Terms and Conditions carefully. You are required to read and understand them before associating with HYDWISCO DIGI MARKETING  Limited for your services requirements. This is pertaining to the information provided on this website. If you do not accept these terms please do not look forward to effective services or the services provided by us as described on this Website.

Where the context admits: “We” or “Us” include HYDWISCO DIGI MARKETING whose registered office is “1733 Rapids Drive Racine, WI 53404, United States of America”. or any party acting on HYDWISCO DIGI MARKETING LLC’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Contract” means the contract constituted by the terms and conditions in our proposal (if submitted), these terms and conditions, and your acceptance of them (as indicated by your ordering the provision of the Services). “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” includes the relevant domain names Registry. “Services” include any product or service sold (or provided at no cost) to You by us. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Account” means any one or more Services, assigned solely to You. This typically consists of (but is not limited to) Web Hosting Provision and Domain Name Registration. A “User” is defined as a Customer using any of our products and services. “Web Site” means the area on the Server allocated by Us to You for use by You as a site on the Internet.

      1. Domain Name Registration
    1. By ordering Services You are agreeing to these Terms & Conditions.
    2. We reserve the right to update these Terms and Conditions at any time by notice to you with immediate effect. If you do not agree to the relevant change, your only remedy is to terminate the Services by 14 days’ notice to us.
    3. Should You wish to cancel your Account, send an email to info@hydwiscodigimsrketing.com Refunds will only be given in relation to the applicable refund policies which are in place and are mentioned on this website.
    4. Refunds in relation to any other Services will be given at Our discretion.
    5. Handling complaints: Should You have any complaints regarding Services received from Us, please send an email to info@hydwiscodigimsrketing.comdetailing the nature of your complaint. We will acknowledge the complaint within 2 working days and provide a likely timescale for resolving the dispute while keeping You informed about progress. All complaints will be considered highly confidential, and be dealt with as soon as is possible.
    6. We reserve the right to cancel Your Account at any time by notice with immediate effect, without cause.
    7. You agree to keep us up to date with any changes in your contact details. This includes the provision of a working email address that you regularly check.
    8. Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for (a) death or personal injury caused by our negligence, or (b) any breach of the terms implied by section 12 of the Sale of Goods Act or section 2 of the Supply of Goods and Services Act; or (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.
    9. Subject to 8 immediately above, We will not be held liable or responsible for any direct or indirect loss or damages to Your business or that of any third party nor for any loss of profits, opportunity, or data.
    10. Subject to 8 and 9 immediately above, Our liability shall in no circumstances exceed the total sums paid to Us by You under the relevant contract.
      2. Domain Name Registration
    1. We make no representation that the domain name You wish to register is capable of being registered by or for You or that it will be registered in Your name. You should therefore not assume registration of Your requested domain name until You have been notified by Us that it has been successfully registered. Any action was taken by You before such notification is at Your risk. We have no influence over the decisions taken by the Registry.
    2. You understand that We are acting as Your agent with regard to any domain registration. The registration and use of your domain name are therefore subject to the terms and conditions of use applied by the relevant naming authority; You shall ensure that You are aware of those terms and conditions and that You comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by You to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
    3. We shall have no liability in respect of the use by You of any domain name; any dispute between You and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, We shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
    4. You understand that We give no warranty that any Domain Name requested will not infringe the rights of any third party and that You indemnify Us in respect of any such infringements.
    5. We shall not transfer any domain to another Internet Services Provider unless full payment for that domain (and/or any associated services) has been received by us for the current term during which you wish to transfer.
    6. While we shall make reasonable efforts to contact you (by email) in advance of any domain name (or account) Renewal date, ultimately you have full responsibility for ensuring the renewal of your domain name and or Account. You understand that failing to ensure such renewal may result in the loss of your domain name.
    7. Customers are responsible for ensuring any domain transfer to or from HYDWISCO DIGI MARKETING is successfully completed. Failing to do so may result in the loss of your domain, or being subject to further fees from your previous host/registrar.
    8. You understand that by requesting cancellation of a domain name at any time, You may be subject to the loss of that domain, extended downtime, or further re-activation fees from the registrar.
    9. Our included Domain Name Package (Web Forwarding and Email facilities etc.) is subject to a 100MB Webspace and 100MB Data Transfer (Bandwidth) Limit. Customers consistently using more than the stated quotas will be asked to move to a fully Hosted account.
      3. Web Site Hosting And Email
    1. Commercial hosting is provided by Us through third-party servers and network providers. In the event of any problem, HYDWISCO DIGI MARKETING LLC will use all reasonable endeavors to provide alternative hosting facilities as soon as possible but can accept no liability for any loss accruing to the customer as a result of any downtime experienced or loss of service.
    2. We make no representation and give no warranty as to the accuracy or quality of the information received by any person via the Server and We shall have no liability for any loss or damage to any data stored on the Server.
    3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
    4. You represent, undertake, and warrant to Us that You will use the Web Site allocated to You only for lawful purposes. In particular, You represent, warrant, and undertake to Us that:
      1. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorize or permit any other person to do so.
      2. You will not use Services for anything which is contrary to any legislation or statutory instrument which may be in force from time to time.
      3. You will not post, link to, or transmit:
        1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, or otherwise objectionable in any way.
        2. any material containing a virus or other hostile computer program.
        3. any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trademark, design right, copyright, or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. At all times, the assessment as to whether the content is suitable or unsuitable remains entirely at the discretion of HYDWISCO DIGI MARKETING Ltd.
      4. Unless Your Account is a “Hosting Account” (ie: not simply a Domain and Forwarding account) you will not send bulk emails whether opt-in or otherwise from our network. Nor will You promote a Web Site hosted on our network using bulk email. If You are unsure if this applies to your account, You should seek confirmation from Us.
      5. You will not employ programs that consume excessive system resources, including but not limited to processor cycles, data transfer, and memory use.
      6. any file You store on the Server will be reachable via a hyperlink from a page on your site. Only files directly related to your Web Site must be stored on the server. You will not ‘archive’ files, the definition of which is solely defined by Us.
    5. We reserve the right to remove any material which We deem inappropriate from your Web Site without notice. We do not host Warez, Adult, or illegal MP3 content.
    6. The Hosting of mp3 files, digital video, or any other self-created media is allowed so long as you are the sole copyright holder of such works or a licensee with all applicable permissions and consents from the copyright holder and any third parties required for such hosting.
    7. You shall keep secure any identification, password, and other confidential information relating to your Account and shall notify us immediately of any known or suspected unauthorized use of your Account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
    8. You shall observe the procedures which We may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
    9. You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
    10. In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the age of 18 years.
    11. Any access to other networks connected to HYDWISCO DIGI MARKETING must comply with the rules appropriate for those other networks.
    12. While We will use every reasonable endeavor to ensure the integrity and security of the Server, We do not guarantee that the Server will be free from unauthorized users or hackers and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
    13. You understand that our Servers may utilize certain security measures (included but not limited to the use of a firewall) that will restrict access to Services based on criteria determined to be detrimental to the Server or other Users.
    14. You must abide by our Acceptable Use Policy.
    15. You must read and understand our Hosting Support Policy.
    16. We shall not be held responsible in the event of any file loss resulting from the failure of any of the Servers or Services We operate (this includes our Remote Backup Service). While we do perform regular server backups as part of our own internal maintenance, we may impose a charge to restore data at a customer’s request, depending on the level of work involved in doing so. It is therefore strongly advised to backup all of Your files locally on a regular basis depending on how often You update your Web Site.
    17. We reserve the right to require changes or disable as necessary any website, account, database, or other components that do not comply with these terms, at our sole discretion, and without notice. We also reserve the right to make any such modifications in an emergency at our sole discretion.
    18. HydWisco Digi Marketing makes no guarantee that third-party software will run on the servers We operate.
      4. Resellers
    1. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
    2. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
    3. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
    4. We authorize you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
    5. You understand that as a reseller, you are the individual solely responsible for all use of the account.
    6. Unlimited Domains Policy: As a reseller, you are entitled to host as many domains as you require on your Account. This is subject to the domains being Registered through HYDWISCO DIGI MARKETING Ltd. Should the domains be registered via a third-party, then your account will be subject to a maximum of 500 domains.
    7. Reseller Domain Prices: As a reseller, you are entitled to register domains with us at a discounted price. This entitlement should not be used in conjunction with any other available special offer or discount scheme. This includes any Affiliate Programme.
      5. Other Services

             Any services offered by us in the organization are to be according to the Service Level Agreements which are in place as per the MOU which is there between both the parties and in case of any deviations, it’s directed to the policy applies.

      6. Service Availability
    1. We shall use our reasonable endeavors to make available to You at all times the Server and the Services but We shall not, in any event, be liable for interruptions of Service or down-time of the Server beyond that agreed within our SLA (below).
    2. We shall have the right to suspend Services at any time and for any reason, generally without notice.
    3. No more than one log-in session under any one account may be used at any time by you. If You have multiple Accounts, You are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your Account shows other activity in breach of this subclause, We shall have the right to terminate any Services immediately.
      7. Service Level Agreement (SLA)
    1. Our SLA only applies to our range of services for which we have associated and have an agreement with your organization.
    2. We guarantee a 99% support network uptime. When one or more network outage causes in excess of 7.2 hours of network downtime within any calendar month, You are entitled to a rebate equal to the value of one calendar month of account charges. You may only claim one outage per calendar month.
    3. The account making the claim must be up to date on all payments and in compliance with all terms of the contract.
    4. Any “Network Outage” does not include:
      1. Planned outages
      2. Partial outages of less than 60 continuous minutes or degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole.
      3. Restricted access to any service enforced by a Firewall or other security measures.
      4. Outages caused by any networks or network equipment not owned or controlled by Us.
    5. SLA claims must be submitted to accounts@E-Merchant.net within 48 hours of the event which caused the outage, and include full details (and proof if available) of the outage experienced.
      8. Payment
    1. All charges payable by You for Services shall be in accordance with the scale of charges, rates and payment frequencies agreed upon from time to time by us on our website and shall be due and payable in advance of our Service provision. We reserve the right to revise pricing at any time with your consultation, although all pricing is guaranteed for the period of pre-payment.
    2. All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal. While We will attempt to contact You prior to the renewal date, You are responsible for ensuring all payments by the due date.
    3. All payments must be in US Dollar Sterling (with the exception of online credit card payment).
    4. If You choose to setup Payment thru service provider (automatic repeat billing managed by our credit card provider) for any Services, you understand that payment will be taken in advance (normally 4 weeks) of the actual payment due date, and that the cancellation of any such service is your responsibility. We are unable to provide a refund in the event of any request to cancel a service pay agreement (or your Services in full) received after payment has been automatically taken.
    5. If your cheque is returned by the bank as unpaid for any reason, You will be liable for a “returned cheque” the applicable charges.
      9. Termination
    1. If You fail to pay any sums due to us as they fall due, We may suspend or cancel any Services without notice to you. Accounts are typically suspended seven days after the due date and fully canceled after a further twenty-one days.
    2. If You breach any of these terms and conditions We may suspend or cancel any Services without notice to you.
    3. If You are a company and You go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors or any analogous event, We shall be entitled to suspend or cancel any Services without notice to you.
    4. No refunds will be made for Services suspended in accordance with 9.1, 9.2, and 9.3.
    5. We reserve the right to suspend Services at any time. In the event of this, You will be entitled to a pro-rata refund based upon the remaining period of pre-payment. This does not include any fees in connection with Domain Registration.
    6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card. All credit and debit card refunds are subject to a 10% administration fee against the original purchase price.
    7. You may cancel the Services at any time without a refund.
    8. We will be entitled to block your services and to remove all data where termination or suspension has occurred, no matter how that termination or suspension has occurred.
     10. Indemnification

You agree that You shall defend, indemnify, save and hold HYDWISCO DIGI MARKETING Ltd harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against HYDWISCO DIGI MARKETING Ltd, its agents, officers, employees, and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold. You agree to defend, indemnify and hold harmless HYDWISCO DIGI MARKETING Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with servers operated by HYDWISCO DIGI MARKETING Ltd; (2) any material supplied or hosted by customers on their website (including content infringing or allegedly infringing on the proprietary rights of a third party); (3) copyright infringement and (4) any defective products sold to customers from servers operated by HYDWISCO DIGI MARKETING Ltd.

     11. Disclaimer

We will not be responsible for any damages your business may suffer. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf. We expressly disclaim all and provide no representations or warranties in respect of this website, its contents, or the services provided by us. We do not represent or warrant that the information accessible on or via this website is accurate, complete, or current.

HYDWISCO DIGI MARKETING Ltd is a company operating under the requirements of the Data Protection Act 1998. The use of any Data We collect is described in our Privacy Policy. Ownership of this Web Site belongs to and remains at all times, the sole property of HYDWISCO DIGI MARKETING  Limited. The reproduction, modification, permanent storage, or retransmission of the contents of this Web Site is strictly prohibited without the prior written consent of HYDWISCO DIGI MARKETING Limited. All Rights Reserved.

This does not affect your statutory rights as a consumer.

 Severability 

If any provision (or part of a provision) of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 Privacy Policy 

HYDWISCO DIGI MARKETING Company is strongly committed to protecting your privacy online and always operates within the following Privacy Policy for this Web site, www.the-emerchant.com. Please read the following to understand how your personally identifiable information will be treated as you visit this site or by our services obtaining. By using the site, you are supposed to consent to our privacy policy otherwise you should not use the site.

 Personal Information 

Personal information means any information about an individual, including, but not limited to, a first and last name, a home address, e-mail, or other contact information, whether at work or at home. In general, you can visit the site without telling us who you are or revealing any personal information about yourself. However, some areas of this site require registration to access. HYDWISCO DIGI MARKETING Company collects this information to better understand your needs and provide you with services that are valuable to you.

How Personal Information is used 

HYDWISCO DIGI MARKETING Ltd Company collects the information to enhance your experience with our services. If you register yourself as a user of HYDWISCO DIGI MARKETING Company products or services, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. We also use this information to keep you informed about product upgrades and other products and services of HYDWISCO DIGI MARKETING Company. We may also track and analyze some technical information such as Internet protocol addresses from which people visit us for trends and statistics. This information does not identify any user individually and is used to better understand our visitor’s needs.

You’re Privacy 

HYDWISCO DIGI MARKETING Ltd Company fully recognizes the importance of responsible use of information collected on this site. Without your consent, HYDWISCO DIGI MARKETING Company does not intend to transfer personal information to third parties who are not bound to act on HYDWISCO DIGI MARKETING Company behalf unless such transfer is legally required. The information may be shared with intermediaries such as credit card companies, banks, or fulfillment centers.

Links to Third-Party Web Sites 

At this Site, there are links to companies with whom we have a relationship. We are not responsible for their privacy practices. So please read their privacy statements, as they may differ from ours.

A Software studio based out of Wisconsin. We are the rocket fuel for other startups across the world, powering them with extremely high quality software. We help entrepreneurs build their vision into beautiful software products (web/mobile)

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