Terms of Service

Wicked Web Wizard Terms of Service ("Agreement")

This Agreement was last modified on October 27, 2021.

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://www,wickedwebwizard.net ("the Site") operated by Wicked Web Wizard ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www,wickedwebwizard.net.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Intellectual Property
The Site and its original content, features and functionality are owned by Wicked Web Wizard and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Wicked Web Wizard has in terms of this Agreement or in law, Wicked Web Wizard reserves the right to hold you liable for the total amount due pursuant to such invoice.
Interest of 2% per month may be charged on all overdue accounts.
A Disconnection fee of R225 will be invoiced to your account, and must be paid before re-connection.
Wicked Web Wizard may stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated in accordance with section "Termination", the full outstanding balance becomes due and payable immediately.
If you pay the amount due in full, you may have their existing services re-activated and also purchase new services.
If you neglect to pay the amount due in full, Wicked Web Wizard will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
If you neglect to pay the amount due in full, Wicked Web Wizard will submit the full delinquent amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your account.
In the event of suspension due to non-payment, Wicked Web Wizard reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.
If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Wicked Web Wizard.

Wicked Web Wizard has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Kwa Zulu Natal, South Africa, without giving effect to any principles of conflicts of law.

Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us
If you have any questions about this Agreement, please contact us.

Service Level Agreement (SLA)

This Wicked Web Wizard Service Level Agreement (“SLA”) applies to all shared and dedicated clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit.
In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify Wicked Web Wizard and Wicked Web Wizard and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits
This SLA may be amended at any time by Wicked Web Wizard.

Wicked Web Wizard Network is defined as the equipment, software, and facilities within the Wicked Web Wizard network segment, including Wicked Web Wizard’s contracted ISP services to which the Wicked Web Wizard network segment is connected and collectively utilized by Wicked Web Wizard to provide dedicated and co-location services.
Service Availability is the total time in a calendar month that the Wicked Web Wizard is available through the Internet, provided that Client has established connectivity. Wicked Web Wizard takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The Wicked Web Wizard Network will be available to clients free of Network Outages for 99.9% of the time Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate Wicked Web Wizard network segment as confirmed by Wicked Web Wizard. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. Wicked Web Wizard is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of Wicked Web Wizard
Scheduled Service Downtime is any Wicked Web Wizard interruption of Hosting Services. Scheduled Service Downtime occurs during a Wicked Web Wizard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication.
Performance Credit occurs when 99.9% uptime is not met. Wicked Web Wizard will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer’s monthly fee).
Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
Monitoring Service is the service Wicked Web Wizard provides in order to analyze availability of HTTP based services and applications through its third party monitoring system.
Service Downtime Performance Credit
In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described above.

Service Exclusions
This SLA does not cover Service Downtime caused by problems in the following:
Client’s local area network
Client-provided Internet connectivity or end-user software
Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment
Service Downtime Exclusions
The following are excluded from the monthly calculation of Service Availability:
Any utilized Scheduled Service Downtime
Any problems beyond the immediate Wicked Web Wizard network segment
Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
Inaccurate configuration
Non-compliant use of any software installed on the server
Client initiated server over-utilization
Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits