Terms of Service

Updated: Mar, 2019

All Webnix Premium and Dedicated Customers are required to read and understand Clauses 1 to 30. Once you sign with our agreement, you agree to confirm your acceptance to all the terms and conditions herein and return the same to us.

1. The following words shall have the following meanings in the Agreement unless the context demands otherwise:  

  • "Services"  Web hosting and any ancillary Internet-based technologies, consulting and other service offering from time to time provided by Webnix. 
  • "Subscriber"  Any company or individual who has requested to use the Services provided by Webnix.
  • "Webnix"  Webnix Technology Limited, its successors and assigns.
  • "Third Party Content" All information, software and other content provided by any third independent, third party that can be accessed through or by virtue of the Services.

2. The Subscriber acknowledges and agrees that he/she shall pay Webnix the initial installation fee, if any, and all monthly fees, deposits and other charges as and when they fall due as may from time to time be notified to the Subscriber by Webnix in accordance with this Agreement. The Subscriber shall pay all applicable taxes, if any, relating to the use of the Services by the Subscriber. 

3. The Subscriber acknowledges that no unused disk space may be carried forward to the following month and that no credit or refund is available in respect of any time when the Service is 'down' or suspended.

4. The Subscriber will not reproduce, distribute, publish, copy, download or otherwise exploit any Third Party Content which is protected by copyright or similar rights unless the Subscriber owns or controls the relevant rights thereto or has obtained all the requisite licenses and approvals

5. The Subscriber will not through the Services publish, reproduce, copy, distribute or circulate any unsolicited advertised or promotional information or any content that is obscure, indecent, seditious, offensive, defamatory, discriminatory or in breach of confidence.

6. If the Subscriber has other designated users, the Subscriber shall bring all the terms and conditions in this Agreement to each of them for their notice and shall procure that each of them comply with all the terms and conditions of this Agreement. The subscribers shall responsible for all use of Services provided by Webnix by the designated users and shall indemnify Webnix in respect of all such use in the terms described in clause 10 below.

7. In relation to any Third Party Content which is uploaded by the Subscriber, the Subscriber hereby grants to Webnix an irrevocable perpetual licence to reproduce, publish, copy, transmit or otherwise exploit such Third Party Content, without charge.

8. For the purposes of the provisions of the Personal Data (Privacy) Ordinance or otherwise, the Subscriber and his designated users (if any) hereby further acknowledge, agree and authorize Webnix to access, copy, amend or delete any Third Party Content uploaded or otherwise provided by the Subscribers and his designated users (if any) through the use of Services where any such Third Party Content or content is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in Webnix's sole opinion to be accessed or otherwise provided by or through the use of the Services.

9. Webnix will not be a party to any transaction including, without limitation, for goods services and /or Third Party Content, between the Third Party Content provider, etc. and the subscriber.

10. The use of the Services shall be at the sole risk and for the sole account of the Subscriber and Webnix shall not be liable in any respect to the Subscriber for or in respect of the use by the Subscriber of the Services. The Subscriber acknowledges and agrees to indemnify Webnix from and against any and all actions claims costs demands and proceedings arising out of or in connection with the use by the Subscriber of the Services whether accessed through the Subscriber's network(s) or account(s) or its password(s) or otherwise including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Agreement by the Subscriber.

11. Subscriber's right to use the Services is personal and not transferable and is subject to any limits or restrictions established by Webnix from time to time. The Subscriber shall not license others to use the Services whether for a financial consideration or not.

12. The subscriber is responsible for and must provide all necessary preparations required to comply with Webnix's installation and maintenance specifications; this includes physical equipment and or software products that are NOT provided by Webnix. Webnix reserves the right to disconnect or deactivate any subscriber equipment or software at any time without giving prior notice. In practice, subject to Clause 19 and 21 Webnix will endeavor not to do this except during scheduled maintenance periods or in situations where the equipment or software is interfering with other services of Webnix. Subscriber must comply with Webnix's requirements as regards access to equipment and/or use of the Services.

13. The Services are supplied on an "as is" basis for decent and lawful purposes only. No warranties are given or implied save for those warranties implied or imposed by and which cannot be excluded or restricted under Hong Kong Law. The entire risk as to quality and performance of the Services is with the Subscriber.

14. Webnix further disclaims any representation, warranty or responsibility in relation to the provision of Services, the results to be obtained and to the extent permitted by law. Webnix expressly disclaims any warranties whether express or implied as to title, fitness for a particular purpose, merchantability or standard of quality of Services unless otherwise specifically mentioned in this Agreement.

15. In no event shall Webnix or its employees be liable to anyone for any or any special, incidental or consequential damages arising out of or in connection with the use of (or inability to use) the Services, including, without limitation, damage resulting from loss of profits or loss of data delays, non deliveries, wrong deliveries, or service interruptions whether caused by Webnix or its employees and regardless of whether attributable to any negligent act or omission of Webnix or of such employees or otherwise. No guarantee of end-to-end bandwidth on the Internet is made.

16. Webnix reserves the right to amend any particular software, information or facility, which it provides or may, provides through the Services. Subscriber agrees to abide by all applicable laws (whether Hong Kong or the laws of any relevant jurisdiction) relating to the use of the Services and any Third Party Content which are in force, as amended from time to time, when using the Services. Subscribers must abide by generally accepted rules of conduct relating to proper use of Internet resources as well as those policies of any other networks accessed via Webnix. Webnix has the sole right to define and interpret the above rules of conduct and policies.

17. By one month's advance notice published over the web page, Webnix may modify and amend this Agreement, Services offered, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the Services at its sole discretion.

18. At any time after the expiration of 12 months from the Commencement Date, the Subscriber may, by serving one month's notice in writing to Webnix, terminate this Agreement. Within 30 days after termination of this Agreement Subscriber must provide full and free access to Webnix to repossess the equipment and software products provided by Webnix.

19. Webnix will invoice the Subscriber on a monthly basis by post, electronic mail and/or facsimile transmission. Such payment to be made by the due date for payment as specified on the invoice, without set-off. If the Subscriber does not pay the full invoiced amount within 60 days of the date of the invoice, Webnix may charge a late payment charge of 2% per month on the outstanding amount until payment has been made in full. Webnix reserves the right to suspend its services without prior notice if payment has not been received within the specified period. Services will not be restored until a restoration fee of HK$5,000.00 and all outstanding payments and overdue charges are paid in full.. Services restoration may take up to 60 working days after payment.. The Subscriber must follow our billing policies related to payment procedure.

20. Subject to clause 21, Webnix may terminate this Agreement and the Services at any time on the giving of one calendar month's notice to the Subscriber.

21. If the subscriber is in breach of any of the terms of this Agreement, including late payment of any part of any invoices or if the subscriber's or his designated users' use of and/or Subscription of the Services, then Webnix may at any time, at its sole discretion and without prejudice to any other remedy available to it at law, either disconnect or deactivate any subscriber equipment or software, or suspend the Subscriber's access to and use of the Services until such breach is remedied, or terminate this Agreement and the Subscriber's access to and use of the Services immediately.

22. For any termination of this Agreement and the Services as required by the subscriber. A written notice with subscriber's signature and company chop must be made one month ahead before the termination date.

23. Should Webnix suspend or terminate the Services pursuant to Clauses 20 and 21, the Subscriber has no right to any data stored and Webnix will be under no obligation to make such data or any copies of it available to Subscriber in any form whatsoever. Should this Agreement terminate for any reason whatsoever Subscriber data stored on Webnix's facilities will be explicitly erased without prior notice.

24. This Agreement may be assigned by Webnix at any time.

25. Any termination of this Agreement shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.

26. If any term or condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement.

27. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Agreement. The provisions of all obligations of and all restrictions on the Subscriber will survive the termination of this Agreement

28 No failure or delay on the part of Webnix to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.

29. Save as specified in this Agreement, any notice or other communication to be given under this Agreement shall be in writing and shall be served by leaving it or sending it by e-mail, facsimile or prepaid post to the address of the parties as specified in this Agreement or as are notified by either party to the other from time to time.

30. The Agreement is governed by the laws of Hong Kong and the Subscriber hereby submits to the non-exclusive jurisdiction of the courts of Hong Kong.   

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