Terms and Conditions Terms of Use

Terms of use

1. Terms and Conditions
These terms and conditions ("terms") govern your access to and use of Way Win Consultants Pvt. Ltd.’s services, so please read them carefully before using this site.
2. Disclaimer
References to "Way Win Consultants Pvt. Ltd. ‘s Services", "winossolutions.com", "the Service", "site" and "website" refer to the www.winossolutions.com website and our service provided at such website. By using the information, services and products available through this site and downloading any software, you are agreeing to the terms and conditions contained herein. This site provides the information, services and products available "AS IS" with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
3. License
Subject to and in consideration of payment of the applicable fee and subject to your compliance with these terms, Way Win Consultants Pvt. Ltd. grants you a non-exclusive, non-transferable license to use the Service for the following purposes and in the following manner:

• You shall NOT be permitted to grant any licenses of the Service to anyone else (but this will not prevent you from using the Service to provide services to your customers where and to the extent that this is permitted under clause 5 if you are a business)
• Except as and to the extent expressly permitted in clause 5, you may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Services
• You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Service in whole or in part
• You may NOT use the Service to engage in or allow others to engage in any illegal activity
• You may NOT transfer or assign your rights or obligations under this agreement to any person or authorize all or any part of the Service to be copied on to another user's computer (other than copying that is strictly necessary to permit you to use the Month-to-Month or Annual Subscription of the Service as permitted by clause 4 below).
• You may NOT misuse this site (including, without limitation decompile, disassemble, reverse engineer) in an attempt to discover the source code of the Service except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law
• You may NOT breach or violate any applicable local, national or international law or regulation in any way
• You may NOT violate the privacy or infringe the rights of others
• You may NOT do anything that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• You may NOT transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam)
• You may NOT breach or otherwise circumvent any security or authentication measures
• You may NOT access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been authorized to use
• You may NOT access or create accounts for the Services by any means other than our publicly supported interfaces

4. Use of Services for Individuals
As an individual you may use all versions for your personal and home use. You may NOT use it in a business or to provide commercial services or deliver any other product or service to a third party.

5. Use of Services for Businesses
Where you purchase a business subscription you are entitled to use the Service to provide services to your customers. Where you do this you will ensure that your customers will comply with these terms as if they were you. Any use of the Service by or for your customers will be treated for charging purposes as if had been undertaken by you.
For the avoidance of doubt, the right to provide services to your customers shall extend only to Business Subscriptions.
6. Paid Accounts

• Month-to-Month Subscriptions. If you subscribe to the Service on a monthly basis, payment of the subscription fee will be via our payment gateway, and your subscription will automatically renew each calendar month unless you provide Way Win Consultants Pvt. Ltd. with written notice of non-renewal during the prior calendar month. You will automatically be charged the applicable monthly subscription fee for each month or partial month that your month-to-month subscription is in effect.
• Annual Subscriptions. If you subscribe to the Service for a year, your subscription will automatically renew at the beginning of each subsequent anniversary year unless you give Way Win Consultants Pvt. Ltd. prior written notice of non-renewal at least thirty (30) days prior to the expiration of Your current year subscription.
• All paid subscription accounts will continue as set out above until they are cancelled or terminated in accordance with these terms. If you do not pay for your account on time, we reserve the right to suspend the services provided to you.
• We may change the fees payable in respect of any subscription at any time but we will give you advance notice of these changes to the email address associated with your account and such changes will only take effect at the end of a subscription period but prior to any automatic renewal, i.e. a month or year depending on your subscription type.
• Refunds. If you are a consumer (and not a business) who has placed an order  you may cancel your subscription at any time within 15 days from the day of the conclusion of the contract and we will give you a full refund by contacting us via the contact details below. However you expressly agree that we shall commence the immediate performance of this contract before the expiration of the cancellation period and that you acknowledge that you will lose your right of withdrawal from the contract once the download of the software has begun and you will not be entitled to request a refund.
• Subject to the above paragraph please note that all accounts are prepaid and are non-refundable. Way Win Consultants Pvt. Ltd. DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your account at any time by contacting us, and cancellation will be effective within 24 hours.

7. Billing and account payment

• 7.1. We will send to you by mail or email notification a tax invoice at the end of billing periods. You must pay all outstanding amounts by the due date as shown on your tax invoice.
• 7.2. Usage records and download times can vary from time to time. Whilst we aim to do so, we are unable to guarantee that all usage records during a billing period will appear on the corresponding bill.
• 7.3. Payments may be made to us through our available payment methods. Service fees and charges may apply for some available payment methods. We will apply payments made by you against outstanding tax invoices at our discretion.
• 7.4. If you have chosen to use our direct debit facilities, and we have not received your payment by the due date, unless we agree with you otherwise, we will debit your nominated account on or after the due date. We may continue to do so at any time until all amounts due are paid. We will provide SMS or email notification when debits are made.
• 7.5. Where in our opinion you have a reasonable claim or dispute with an invoice or a debit, we will suspend our collection or recovery processes until a determination on your claim or dispute has been made. We will reimburse any incorrectly debited amount as soon as reasonably practicable.
• 7.6. If you require us to send to you a printed copy of an invoice, this may be subject to an administration fee of $10.00 will apply per request.
• 7.7. You are responsible for ensuring there is sufficient funds/credit available in your nominated credit card or direct debit account at any time we debit the account. You must pay dishonor fees and any other charges, expenses or losses resulting from our attempting unsuccessfully to debit the credit card or direct debit account unless the failure was due to a clear error on our part. Dishonored cheques incur a $16.50 handling charge. Direct Debit rejections incur a $10.00 charge.
• 7.8. You are required to inform us if your credit card is due to expire at least two weeks prior to the expiry date and are required to provide us with details of a current credit card. You must also advise us if your nominated direct debit account is transferred or closed, or the account details have changed.
• 7.9. Way Win Consultants Pvt. Ltd. will not accept Prepaid Visa/Master credit cards or gift cards.
• 7.10. If you have failed to pay to Way Win Consultants Private Limited an amount which is due, we may following appropriate notice to you refer the debt to a third party collections agent for the purpose of collection activity. You must pay all costs, charges and expenses that we may incur in relation to our attempts to recover all debts due by you to us, including accounting, mercantile agents costs and interest.

8. ACCOUNT ACTIVATION
We can take up to 24 Hrs for account activation for our shared and reseller web hosting plans. VPS servers are activated within 1 day in most cases however at times we may need up to 48 hours to activate the service. Dedicated servers are activated within 24 hours if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor. Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.

9. CONTACT INFORMATION
Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned, offers and any other related information. Way Win Consultants Pvt. Ltd. recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

10. CONTENT AND PROHIBITED ACTIONS
Customer agrees to use the Services for lawful purposes only. Customized Hosting prohibits the following content on our servers and network. Anything related to IRC Proxy Scripts Anything related to torrents Starting background processes on shared servers Warez, hacking tools, exploits Porn web sites Download oriented web sites, Sites promoting illegal activities, IP Scanners, Hacker focused sites consumes unexpected resources. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. Customer agrees not to use our shared, reseller, VPS or dedicated servers hosting space as storage for backups. If we find backups stored in your account they will be removed automatically. Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plug-in, modules need to be kept up to date at all times. A strong password must be used.

11. UNLIMITED PACKAGE
Fair uses policy is applicable to all Unlimited hosting Packages. Any account that consumes more than 10 GB of space or 50 GB of Bandwidth per month may be suspended or terminated.

12. ACCOUNT MIGRATIONS
Way Win Consultants Pvt. Ltd. does free transfers of accounts you want to move to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the name servers. If something is wrong with the account after the move or it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients.

13. IP ADDRESS ALLOCATION
Way Win Consultants Pvt. Ltd. requires justification in order to assign a dedicated IP to the Customer. Valid justification is SSL installation or installation of a service that requires listening on a separate IP address.

14. ZERO TOLERANCE SPAM POLICY
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Way Win Consultants Pvt. Ltd. offers a separate service if you need to send thousands of e-mails. Purchased mail lists, opt-in lists will be considered SPAM. Way Win Consultants Pvt. Ltd. reserves the right to charge a clean up fee the Customer who sent unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

15. RESOURCE USAGE
Any account on the server cannot use more than the expected CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server. Customer agrees not to use the shared hosting service to send bulk e-mail. Mailing lists are allowed and the customer can send e-mail messages as per our hourly mail limits however those messages cannot be sent 24/7. If you need to send more than 300 mails per month the shared hosting service will not be sufficient. A VPS or dedicated server will be required for that.

16. Copyright, trademarks and intellectual property
The trademarks, names, logos and service marks displayed on this website are registered and unregistered trademarks of Way Win Consultants Pvt. Ltd.. Nothing contained on this website or in these terms should be construed as granting any license, right, title or interest in the Service, the content of the Service or this website, our trademarks, logos and other brand features without Way Win Consultants Pvt. Ltd.'s prior written permission.

17. Modification
Way Win Consultants Pvt. Ltd. reserves the right to revise these terms at any time. Any such revision will be binding and effective immediately upon posting of the revised terms on our web site. Your continued use of our website constitutes agreement to any revision of these terms.

18. Governing Law
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.

19. Limitation of Liability
You agree that Way Win Consultants Pvt. Ltd.'s entire liability, and your exclusive remedy, with respect to any services(s) provided under these terms and any breach of these terms is solely limited to the amount you paid for such service(s). Way Win Consultants Pvt. Ltd. shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services.

• These terms may only be varied in writing and signed by an authorized representative of Way Win Consultants Pvt. Ltd..
• Updates may be licensed to you by Way Win Consultants Pvt. Ltd. with additional or different terms but Way Win Consultants Pvt. Ltd. has no obligation to provide any updates.
• These terms represent the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the Service and you acknowledge that in entering into this agreement you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms. Failure to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall preclude or restrict the further exercise of that or any other right or remedy.
• If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
• You may not assign any of your rights or obligations under these terms, and any such attempt will be void. Way Win Consultants Pvt. Ltd. may assign its rights and any of its obligations under these terms as it sees fit.

21. Feedback
If you have any feedback on Way Win Consultants Pvt. Ltd. Services, you can contact us in several ways:

All references to Way Win in these terms shall be to Way Win Consultants Private Limited, a company incorporated in England under company number 9658164.