By signing up to any of Winserve's services you are automatically agreeing to abide by these policies.
For the purpose of this document Yema LTD (UK Company Number: 06937962) will be referred as its website name Winserve.
Winserve - Terms of Service.
Reports of domain, network or related abuse:
Winserve takes any reports of abuse regarding our services very seriously. Anyone can contact us at abuse@winserve.co.uk to report any abuse of or related to our services. We will respond to all contact within 24 hours.
Distribution of Viruses/Malware:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Security:
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet SubHead or any part of the SubHead information in an email or a newsgroup posting.
Content:
The disk space allocated with all hosting plans is only to be used to provide web-based content to viewers directly related to your website content. All files under a users account must be linked to the websites associated with that account.
We do not allow clients to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site.
Winserve reserves the right to remove any content, files or data we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of Winserve.
Using a hosting account as a backup or storage device is not permitted, with the exception of any backup files created by our systems or staff.
The use of FTP accounts for file distribution is also not permitted. FTP accounts are only provided for you to upload your website related files and are not allowed to be used for file/data distribution.
The storage and distribution of EXE or Archived files (Zip,.RAR etc) is also not permitted unless specifically related to the websites content.
Data:
All data created or stored by you within Winserve applications and servers are your property. Winserve shall allow access to such data by only authorised Winserve personnel. Winserve makes no claim of ownership of any web server content, email content, or any other type of data contained within the account owners server space or within their applications on Winserve servers.
Client Backups/Control Panel Backups:
Our systems and control panels may allow clients to take manual or scheduled backups of their files and data. These backup systems are designed for clients to take a backup of your data into a single file or archive. Clients should then download the backups via FTP or HTTP to keep a copy of the backup files. Backup files created by clients will be removed from the clients server web space after 24 hours. Winserve keeps separate backups of your data and this is not affected by this policy, this is purely regarding client created backups files. The use of disk space for client data archiving is not permitted, this includes backups and archives created by the client via any method and stored in their web space. If a client needs to archive or backup data then they should download the associated files and then delete them from the web space.
Free website transfers:
Sometimes we offer free website transfers with some of our hosting packages. If your package includes a free website transfer then you must provide certain information or data for us to complete the website transfer.
We will require either the login to your current hosts control panel and/or all data files required by your website. If you cannot provide that information then we cannot complete the website transfer. Please allow up to 3 working days for a website transfer to complete.
If the free website transfer is offered to you when you order your hosting package you can request a maximum of 1 website to be transferred free of charge. You can order additional website transfers for a fee on our order pages.
UCE (Unsolicited Commerce Email) - SPAM:
Spamming, the sending of unsolicited mass email from or through a Winserve server or using an email address that is maintained on an Winserve machine is prohibited. Winserve will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on a Winserve server, or if they sell or distribute software on their website that facilitates spamming.
This includes sending any type of mass mailing to anyone on the Internet that does not want it.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Winserve harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Winserve, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Winserve against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Winserve's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement (4) defective products sold to customer from Winserve's server; (5) data loss.
Server Resources:
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a different hosting plan. Winserve shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Server Resources by package purchased by the client:
Standard Hosting Packages (these limits apply to our standard hosting packages Value, Pro, Commerce, Bronze, Silver, Gold, Platinum):
Memory allocations:
The maximum amount of memory allocated to each websites application pool is 200 MB. This is on a per website basis.
Sites that reach that limit will have their application pool automatically recycled. This means any applications on the site will recompile themselves and sessions reset when the site is next visited.
CPU Limits:
If a websites application pool uses more than 50% of the allocated CPU resources for more than 2 minutes then the site will have their application pool automatically recycled. This means any applications on the site will recompile themselves and sessions reset when the site is next visited. Please note this is unlikely unless you have a very busy website that is causing an unexpected high load on the server. Its purely a safety guard that ensures all other websites hosted on our web servers do not suffer if another site on the server is abused or has a massive unexpected spike in traffic/resource use. If the high server load continues after 3 resets, then the sites application pool will be disabled for one hour.
Website Disk Space Size Limits:
The maximum total disk space of website files per website under these packages is 2GB. If larger disk space is required for a single website then the option to upgrade that website to an Enterprise package will be provided.
Database Size Limits:
The maximum MySQL or MS SQL database size for any databases running under these packages is 1GB. If a larger database is required then the option to upgrade to an Enterprise package will be provided.
File Limits:
The maximum amount of files allowed under one websites webspace is 2000 files. If a larger number of files is required then the option to upgrade to an Enterprise package will be provided.
Reseller, Web Unlimited and Platinum Hosting Packages:
All websites under reseller plans have the same limits as the Standard Hosting packages above with two exceptions.
The maximum total disk space of website files per website under these packages is 1GB. If larger disk space is required for a single website then the option to upgrade that website to an Enterprise package will be provided.
These packages can use a maximum of 2GB total memory for their total combined hosted websites. If the total memory use of the account exceeds this then the client will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade some websites or its service to a different hosting plan.
Enterprise Hosting Packages:
Memory allocations:
The memory limits for these packages is shown on our website:
http://www.winserve.co.uk/enterprise
Website Disk Space Size Limits:
The maximum total disk space of web site files for these packages is shown on our website:
http://www.winserve.co.uk/enterprise
Database Size Limits:
The maximum MySQL or MS SQL database size for these packages is shown on our website:
http://www.winserve.co.uk/enterprise
CPU Limits:
We do not currently have any hard CPU limits on our Enterprise packages.
File Limits:
Unlike the standard hosting packages, we allow more than 2000 files to be hosted on our Enterprise hosting packages. However, we require all clients to keep a maximum of 5000 files under each directory/folder. If you need to host more than 5000 files then ensure they are spread out between multiple sub folders.
All Packages Email Limits:
Email limits are all listed at the following link:
https://portal.winserve.co.uk/knowledgebase.php?action=displayarticle&id=75
Our mail servers auto-clean emails stored on them as follows:
The "Junk E-Mail" folder in all mailboxes will purge mail older than 30 days.
The "Deleted Items" folder in all mailboxes will purge mail older than 30 days.
The "Sent Items" folder in all mailboxes will purge mail older than 60 days.
All mailboxes and folders will be purged of mail older than 2 years from their timestamp, please archive your old email to your local systems or another backup at least every 2 years.
All email accounts that have been inactive for over 12 months will be deleted from the mail server. Inactive status means there has been no authenticated POP3, IMAP, SMTP or Webmail connections to the email account in over 12 months.
Free SSL Certificates (LetsEncrypt):
We may offer free LetsEncrypt dedicated SSL certificates for clients to install on their domains. This can be done in our control panel and the certificates are provided by non-profit Internet Security Research Group (ISRG). These certificates are called LetsEncrypt and by installing one of them you are accepting the LetsEncrypt Terms and Conditions. You can read the terms at https://letsencrypt.org/repository/. If Internet Security Research Group (ISRG) ever stop providing and renewing these certificates free of charge then clients certificates installed on our systems will not be renewed and will expire. We make no guarantee that LetsEncrypt certificates will always work or renew as they rely on ISRG and their services functioning which we have no control over.
Technical Support:
All clients recieve technical support included in the cost of their hosting package.
Customers can request for website/application trouble-shooting and any other task which they feel requires the technical support team’s assistance.
Technical support is provided via our online support ticket system.
We have a fair use policy of 2 hours of technician time per month per hosting package for our Standard hosting packages.
For Enterprise package clients the fair use policy is 4 hours of technician time per month
This policy is simply in place to prevent abuse of the technical support service we provide.
If clients need further technical support and have been advised they have hit the fair use limit then further support hours can be purchased on an hourly basis.
Communication with our staff:
Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any Winserve customer, employee, or the company directly is strictly prohibited and is grounds for immediate account termination. In addition, Winserve will pursue all attempts to the fullest extent of the law.
Service:
Winserve reserves the right to cancel any services/account with out notice for reasons it sees as fit and just. Winserve also reserves the right to refuse service and /or access to its servers to anyone.
Resellers:
All resellers of any services provided by Winserve are responsible for ensuring all users adhere to all of our terms of service. If a user running under a reseller's account is found to breach our terms then the resellers account is liable for instant termination.
Disclaimer:
Winserve will not be responsible for any damages your business may suffer. Winserve makes no warranties of any kind, expressed or implied for services we provide. Winserve disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Winserve and its employees or from hardware/software failure. Winserve reserves the right to revise its policies at any time.
Data Backup:
We carry out regular backups of all clients data to separate servers. These backups are strictly for our own use in-case of a server failure. However, clients may request a restore of their data from our backups and we will provide them if appropriate and possible.
This is not meant as a replacement for keeping your own backups. Clients should always keep their own backups of their data. We will provide restores free of charge if possible. We limit free restores of backups per client to 2 restores per month. If a client requires more than 2 separate restores per month then charges will be offered and invoiced on agreement.
Disclaimer:
Winserve will not be responsible for any damages your business may suffer. Winserve makes no warranties of any kind, expressed or implied for services we provide. Winserve disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Winserve and its employees or from hardware/software failure. Winserve reserves the right to revise its policies at any time.
End Of Life Policy:
Winserve reserves the right to cease offering or providing any of its services or individual features, functionalities, or aspects of the services at any time, for any or no reason, and without prior notice. Although Winserve makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Winserve, in any way, effective on the EOL date.
The following content is not allowed to be stored, linked to, transmitted or distributed from any Winserve service. If a users account is found to run any of the below then the account is liable for instant termination:
Copyright
Hosting, Distributing, or Linking to Copyright Infringed Materials.
Forgery
Faking an IP Address, Hostname, E-Mail Address, or SubHead.
Invalid Hostname
A vain, obscene, or malicious host or domain name.
IRC
Internet Relay Chat Server
Chat Rooms :
Winserve does not allow clients to install chat room software. The majority of chat rooms tend to be resource intensive and put a large strain on servers reducing the overall experience for other customers on that server.
Pharmaceuticals
Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.
Shells
Hosting Accounts Primarily for Shell Access.
Spam Email
Unsolicited Bulk Email (UBE).
Spam News
Posting the same message repeatedly in one or more newsgroups or posting an off-topic message to a newsgroup.
Spam Site
Hosting a Site Advertised by Spam Email, Spam News, or Spam Web.
Spam Web
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.
Tools
Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.
Trademark
Hosting, Distributing, or Linking to Trade Mark Infringed Materials.
Wares
Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.
Advance Fee Fraud
Spam to Solicit an Advance Fee in Return for Monetary Gain.
HYIP Site
Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme.
Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.
IP Blacklist
Causing an IP to be Blacklisted at an ISP, Upstream Provider, Backbone Provider, or an Established Blacklist Site.
IRC Malicious
Malicious Use of Internet Relay Chat.
Scanning
Probing for Vulnerabilities of Network Devices.
Spam List
Hosting, Distributing, or Linking to Email Address Lists for Spam.
Spam Ware
Hosting, Distributing, or Linking to Software Designed for Spamming.
Web Spider
Use of a Web Spider, Crawler, or Bot for unauthorized Connection to and from 3rd Party Web Servers.
Data Scraping/Web Harvesting
Use of a Scraper, Harvester or Bot for unauthorized Connection to and data collection from 3rd Party Web Servers.
Under Legal Age Porn Links or Distribution
Linking to Content of Pornography Involving a Person Under Legal Age. Distributing Content of Pornography Involving a Person Under Legal Age.
Cracking
Brute Force Access of Secured Network Devices.
DoS
Denial of Service Attack of Network Devices.
Fraud Site
Hosting or Linking to a Website Intended to Deceive the Public.
Hacking
Circumventing Security Systems of Network Devices.
ID Theft
Hosting, Distributing, or Linking to Stolen Account Identification Information.
Open Proxy
Hosting an Open Proxy.
Open Relay
Hosting an Open Relay.
Phishing
Identity Theft by Email Under False Pretense.
Proxy Hijack
Use of a Third Party Proxy Vulnerability or Trojan.
Terrorist Site
Hosting or Linking to a Site Advocating Terrorism.
ROKSO
ROKSO Blacklisting at www.spamhaus.org of an IP.
See http://www.spamhaus.org/rokso/index.lasso
Upstream Acceptable Use Policy
Violation of AUP (Acceptable use policy) of an Upstream Provider of Winserve Ltd
Winserve - Billing and Cancellations
Service:
Prompt payment is necessary to ensure uninterrupted
service of your account.
For credit card customers, you will be automatically charged the appropriate
amount at the beginning of your account's billing period and periodically charged at the billing cycle you choose when ordering. Unless a cancellation request has been accepted and confirmed by Winserve all billing will continue at the selected billing cycle.
For cheque and direct bank payment
customers, Winserve must receive your cheque or bank payment by the beginning of your
billing period. Late payments, credit card refusals, expirations, chargebacks
and disputes are subject to fines, suspensions and account terminations at Winserve's
discretion. All unpaid balances incurred during period of service by Winserve are
subject to collection. In addition, Winserve reserves the right to suspend other
services until any outstanding debt is cleared
30 Day Refund Policy:
100% satisfaction guaranteed. If you are not completely
satisfied with your shared hosting plan, for whatever reason, we will refund
all your money if you request that within 30 days of your account opening. No questions asked. No quibbles.
Please note: There is no refund for a domain registration, SSL Certificates or Dedicated Server fees.
Fees/Prices:
Winserve reserves the right to charge a £100.00 fee for returned
cheques as well as chargebacks. For international customers, if you are sending
a cheque or money order the amount must be drawn in UK sterling.
Winserve reserves the right to change pricing at anytime and will give all customers 14 days notice by email before any existing services change in price. This allows plenty of time for you to cancel your account if you are not happy with any price changes.
Cancellations:
Please follow the guide linked below this line to request cancellation of any services:
http://portal.winserve.co.uk/knowledgebase.php?action=displayarticle&id=1
You will receive an email confirmation upon the cancellation
of your account.
Submission of a cancellation request online or via post does not automatically complete the cancellation request - your account may be overdue payment or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Winserve's services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Winserve, indicating the closure of a domain and/or an account has been completed.
Payment Options:
Payment options are as follows:
Credit / Debit Cards:
Winserve accepts Mastercard, Visa, Visa electron and Solo credit/debit
cards.
Paypal:
Paypal payments are accepted. All payments must be cleared into Winserve's (Yema Ltd) Paypal account before any service is provided.
Cheque Payment:
Winserve cannot guarantee that a service will be provided until any received
cheques have cleared into our bank account.
Bank Transfer :
Winserve cannot guarantee that a service will be provided until any bank transfers have cleared into our bank account.
Standing Order:
Winserve cannot guarantee that a service will be provided until any standing orders have cleared into our bank account.
Account:
A 30 day payment account can be applied for upon request.
Please contact Winserve accounts department for details.
Refunds:
Refunds will be given at the discretion of the Company
Management.
Special Offers and Promotion Codes:
Special offers and promotion codes may sometimes be available through our website or other sources. Special offers may only be valid between specific dates and can be removed for new orders at any time. Unless specifically mentioned in the offer if a special offer is not available when you renew your services then the full current price must be paid in order to renew any services that were received at discount or free of charge. Special offers only apply to new services ordered while the offer is available. Unless specifically mentioned in the special offer existing clients services will not be eligible for the special offer.
Free Domain Name Offer :
Some of our hosting services may include a free domain name registration or renewal. If the hosting package you order includes a free domain registration it will tell you when you are placing the order on our website. In order to to be eligable for the free domain registration your first invoice must be paid. If you renew your package 12 months after the initial service date then your free domain name will be renewed for you free of charge.
You may choose to either register a new domain name or to transfer an existing domain name to us when you place your order. If you choose to transfer an existing domain to us then an extra year will be added to that domain once its transfer to us is complete. No new registration is included free if you choose the transfer option.
Domain names registered or transferred under this offer will be registered or renewed for a period of one (1) year.
At the end of the initial term of registration or the transferred domains expiry date, domains registered under this offer will renew for one-year by default, unless altered in anyway by the Client.
This offer is available to new Clients of Winserve only. However, existing Clients may take advantage of the offer if they purchase a new additional hosting package.
If a Client registers or transfers a domain name as part of their web hosting package, the client will be entitled to a full refund on their hosting package only in the event of cancellation as per our 30 day money back guarantee. In the event a Client seeks to exercise this right, any domain name registered on behalf of the client will be cancelled and will no longer belong to the Client, unless the Client pays for the domain registration or transfer at the current 1 year pricing for that domain extension on our website.
Clients will not be charged the cost of the domain name registration and annual renewal provided they maintain their hosting package and all invoices are paid on time.
Winserve reserves the right to withdraw this offer at any time without the prior consent of the Client.
WinServe - Domain Name Registration & Dispute Policy
This Service Agreement ("Agreement") sets forth the terms and conditions of our agreement relating to your use of the domain name registration services provided by WinServe to register an Internet domain name, as well as the registration of the domain name.
To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, any rules or policies that are or may be published by WinServe from time to time, and the rules and regulations set forth by the registry administrators for the respective registries. This Agreement will become effective upon acceptance by WinServe..
WinServe may at its sole discretion, elect to accept or reject any application for registration of domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.
ICANN oversees the .com, .org and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.
By registering a UK level domain through us will act as agents on your behalf by submitting your application to Nominet for you. However, You will still be entering into a direct contract with Nominet UK as noted in Nominet UK's terms and conditions.
https://www.nominet.uk/go/terms
By accepting Nominet UK's terms and conditions You are consenting to Nominet using your personal data for a variety of reasons and Nominet's privacy policy is available at http://www.nominet.org.uk/privacypolicy/. In particular, Your name and address may be published as part of Nominet's Whois look-up service.
Upon WinServe's receipt of domain name registration information from you, WinServe shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration.
Fees:
Our current domain name registration and renewal prices are shown at https://portal.winserve.co.uk/cart.php?a=add&domain=register. We do not charge for cancellations, changes of registration or transfers away from us. We will email the contact of the account, 60, 30, 15, 7 and 1 day before your domain name is due to expire to ensure you have time to decide if you would like to keep the domain name. Should you wish to keep the domain name, you simply need to follow the link in the email to make the renewal payment. If you do not wish to renew then you can simply ignore the email and let the domain name expire. If you do not respond the domain name will not be renewed and will be suspended (30 days after the expiry date and cancelled after a further 60 day grace period for UK domains, immediately for ICANN and any other domain names).
As consideration for WinServe providing domain name registration services to you, you agree to pay WinServe, prior to the approval of the desired domain name registration, the amounts set forth in the WinServe Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
Your application will not be registered until WinServe receives actual payment of the registration fee. If WinServe does register a domain name prior to payment of the registration fee, WinServe reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment provider authorized by WinServe, the domain name registration shall be transferred to WinServe as the paying entity for the registration. WinServe may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £50 (GBP).
Payment must be made by credit card or other methods we indicate in registration application or renewal form. We make no commitment to renew your domain for you upon its expiry, however we may contact you before the expiry date to remind you.
Dispute Policy for domains ending in .com, .net or .org
Approved by ICANN
Purpose. This Uniform Domain Name Dispute Resolution
Policy (the "Policy") has been adopted by the Internet Corporation for Assigned
Names and Numbers ("ICANN"), is incorporated by reference into your Registration
Agreement, and sets forth the terms and conditions in connection with a dispute
between you and any party other than us (the registrar) over the registration
and use of an Internet domain name registered by you. Proceedings under Paragraph
4 of this Policy will be conducted according to the Rules for Uniform Domain
Name Dispute Resolution Policy (the "Rules of Procedure"), which are available
at http://www.icann.org/udrp/, and the selected administrative-dispute-resolution
service provider's supplemental rules.
Dispute Policy for domains ending in .uk:
Disputes involving UK domain names are handled by Nominet
UK. You can read the terms of their dispute policy and their rules at http://www.nominet.org.uk/disputes/drs/policy/
General:
Your statutory rights are not affected by any of the
above.
WinServe - Referral and Affiliate Scheme Terms and Conditions
Existing Client Referral Scheme Terms and Conditions:
WinServe may sometimes offer a referral scheme that allows existing clients to refer new clients to WinServe and earn a credit against their account. The points below cover the terms and conditions that must be met by both parties to enable any referral credit to be successful.
WinServe - Privacy Policy
Visitors to our websites:
WinServe has taken every care in
the preparation of the content of their websites. To the extent permitted by
applicable law, WinServe disclaims all warranties express or implied, as to the accuracy
of the information contained in these websites.
WinServe shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials in this website.
Certain (hypertext) links in these sites will lead to websites that are not under the control of WinServe. When you activate any of these links you will leave WinServe's website and WinServe will accept no responsibility or liability in respect of the material on any website that is not under the control of WinServe.
These exclusions of liability shall not apply to any damages arising from death or personal injury caused by the negligence of WinServe or any of its employees.
These disclaimers and exclusions shall
be governed by and construed in accordance with English Law. If any provision
of these disclaimers and exclusions shall be unlawful, void or for any reason
unenforceable then that provision shall be deemed severable and shall not affect
the validity and enforceability of the remaining provisions.
Privacy Policy:
The following provides detail about our Privacy Policy.
WinServe, treats your privacy seriously. In general, we use the personal information
that we collect from you to identify personal preferences and match your needs
with relevant products, and process any orders that you may make through our
website.
Notice:
This policy only applies to websites hosted at and comprising
part of the WinServe service and not to the companies, individuals,
organisations or other websites to which there are links.
How Do We Collect Information About You and How Is
It Used?
You may provide personal information when communicating
with us. You may order a product or a service and give your name, e-mail address,
delivery address, credit or debit card number and expiry date so that the order
can be processed and your products (or services where appropriate) delivered
to you. Sometimes you may be asked for your telephone number. If you enter a
competition or promotion we will ask for your name, address and e-mail address.
We will collect information about your tastes and preferences both when you
tell us what these are and by analysis of customer traffic, including by using
cookies (see below). It may be that some of the personal information you give
us (for instance about your lifestyle or health) is sensitive personal data
within the meaning of the Data Protection Act 1998. Any such information ("sensitive
information") will only be disclosed with your express consent. It may be that
you provide to us details of credit or debit cards or bank accounts in order
to make payments to us. Any such information ("confidential financial information")
will be dealt with as described below. We may use personal information collected
about you to personalise your visits to our website and recommend goods or
services to you. We also use the information to help us develop the design and
layout of our website to ensure that our sites are as useful and enjoyable
as possible. We may use personal information collected about you to let you
know about functionality changes to our website or changes to our terms and
conditions of use. Sometimes (and only in accordance with any preferences selected
by you) we or our affiliated companies might use the personal information collected
about you to let you know about, new goods, services or offers that you might
find interesting.
Traffic Data:
We may provide aggregate statistics about our sales, customers,
traffic patterns and other site information to third parties, but these statistics
will not include any information that could personally identify you.
Other Disclosures:
WinServe reserves the right to access and disclose individually
identifiable information to comply with applicable laws and lawful government
requests, to operate its systems properly or to protect itself or its users.
Cookies:
A cookie is a piece of information that is stored on your
computer's hard drive by your web browser. On revisiting this site our computer
server will recognise the cookie, giving us information about your last visit.
Most browsers accept cookies automatically, but usually you can alter the settings
of your browser to prevent automatic acceptance. If you choose not to receive
cookies, you may still use most of the features of our website, including purchasing
items.
WinServe customers:
What information do we collect?
When you sign up for WinServe's services, you provide us with both contact and payment
information. Contact information typically includes your name, address and phone
number. Payment information typically includes your credit card number.
While you are an WinServe customer, we manage information with regard to your account
status, choice of services and customer logs. In addition, we may store customers'
electronic mail and other communications as a necessary incident to the transmission
and delivery of those communications.
How do we use this information?
We use the contact information you provide us with to establish our service
for you. We use payment information for payment processing purposes only. We
create and maintain other information such as customer account status, choice
of services and customer logs in the normal course of providing a service.
We will not disclose customer personal and account information unless we have
reason to believe that disclosing such information is necessary to identify,
make contact with or bring legal action against someone who may be causing harm
or interfering with the rights or property of WinServe, our customers, or others,
or where WinServe has good belief that the law requires such disclosure.
Neither will WinServe, except for reasons stated below, disclose to third parties
the contents of any electronic mail or other electronic communications that
WinServe stores or transmits for its customers. The circumstances under which WinServe
will disclose such electronic customer communications are when: 1. It is necessary
in order to provide service to the customer; 2. It is necessary to protect the
legitimate interests of WinServe and its customers; 3. It is required to cooperate
with interception orders, warrants or other legal processes that WinServe determines
in its sole discretion to be valid and enforceable; and 4. It is necessary to
provide to a law enforcement agency when the contents are inadvertently obtained
by WinServe and appear to appertain to the commission of a crime. WinServe disclaims any
intention to censor, edit or engage in ongoing review or surveillance of communications
stored on or transmitted through its facilities by customers or others. WinServe
will, however, review, delete or block access to communications that may harm
WinServe, its customers or third parties. The grounds on which WinServe may take such
action include, but are not limited to, actual or potential violations of WinServe
's Terms of Use.
Customers may opt out of receiving newsletters and/or notices of new or upgraded
products from WinServe by sending a request to privacy@WinServe.com In this request, customers
must identify their domain name and contact information.
European General Data Protection
We at Winserve respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002, and the European General Data Protection Regulations (GDPR). The purpose of this Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this website, systems and applications. Naturally, if you are not happy with this Website Privacy Policy you should not use this website.
By visiting this website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.
We are registered with the Information Commissioner's Office (ZA504213).
Types of information collected
In our capacity as a "controller" under GDPR, we retain two types of information:Security of your personal data
Both Personal and Non-Personal Data is held on secure servers hosted by Winserve. The nature of the Internet is such that we cannot completely guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be fully 100% secure. However, we take all reasonable steps (including appropriate technical and organisational measures) to protect your data at all times, your privacy is paramount to us.Reasonable retention of personal data
In accordance with GDPR data submitted to us during registration will be held as long as there is an active service associated with your account. It is held only to act as a point of contact for you and for invoicing, and will not be shared with anyone outside of Winserve. Once all services are canceled your data will be held for 24 months, available upon request, after which it will be erased from our systems automatically and permanently. Requests for your data can be made by contacting us.Disclosure of Information to third parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties.Data Breaches
In the event of a data breach, we shall ensure that our obligations under applicable data protection laws are complied with where necessary.Sale of business
We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.Updating, verifying and deleting personal data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under GDPR we will update or delete your Personal Data accordingly. To find out what Personal Data we hold for you, or to have your Personal Data updated, amended or removed from our database (right to be forgotten), please contact us. Removal from our systems will also result in the termination of any and all services currently active on your account, no refunds can be provided for the billing period in which this action is performed.Winserve as a processor
Winserve is classed as a "processor" when it processes personal data on behalf of a data controller. This will typically be the case when you use the services of Winserve and you store personal data on Winserve infrastructure. Within the limit of its technical restrictions, Winserve may process any data stored solely in accordance with your instructions, and on your behalf.