By subscribing to any of the Services and registering an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all W&B Asset Studio accounts. They set out the basis on which we offer our services and should be read carefully.
2.1 W&B Asset Studio will use reasonable efforts to supply continuous service. However, W&B Asset Studio is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. W&B Asset Studio is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that W&B Asset Studio is not liable to you for any special consequential damages which you may suffer as a result of a loss of business, contracts, profits, savings or otherwise. W&B Asset Studio is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of SPAIN or other applicable law.
2.3 W&B Asset Studio’s customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
2.4 From time to time W&B Asset Studio or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. W&B Asset Studio will give as much notice as possible and shall try to keep this work to the period specified in the notice. W&B Asset Studio accepts no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that they will not reassign or transfer any part of the Services.
2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
2.7 License costs of all third-party applications and software offered with our plans are subject to change without written intimation.
2.8 W&B Asset Studio reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
3. Banned Content
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Spanish law is prohibited. The list of banned content includes, but is not limited to:
- (a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
- (b) Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
- (c) HYIP – We do not allow any HYIP sites or sites that link to or have content related to HYIP sites.
- (d) Proxy – We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting and Dedicated Servers. The first offence committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
- (e) IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
- (f) Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
- (g) BitTorrents: Use of software and scripts for “bit torrents” or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt, we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify W&B Asset Studio against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by W&B Asset Studio in consequence of the Customers breach or non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against W&B Asset Studio arising from breach or breaches of this Clause 3. W&B Asset Studio may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide W&B Asset Studio with the assistance necessary to defend such claims, at the Customer’s sole expense.
4.1 You are to ensure any requested domain registration request is not made in bad faith, does not infringe on any third party rights, will not be used for any unlawful purpose or would be considered to be an abusive registration under the Enom or Nominet dispute resolution policies.
4.2 You acknowledge that W&B Asset Studio are not obliged to accept any request to register a domain.
4.3 W&B Asset Studio make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain.
4.4 You acknowledge that domain registrations and renewals where successful are non-refundable.
4.5 You acknowledge that W&B Asset Studio is unable to correct spelling mistake(s) in a domain once a domain has been successfully registered, please ensure you check before submitting the domain for registration.
4.6 You agree to pay W&B Asset Studio all applicable fees as detailed on our proformas.
4.7 You acknowledge that domain renewal fees are subject to change at any time without notice, current renewal pricing will be sent in the renewal proforma.
4.8 In instances where W&B Asset Studio is unable to register or renew a domain, a full refund of the domain registration or renewal fee will be provided.
4.9 All domains with the exception of those ending in national TLD are registered through our partner namecheap.com and in addition are subject to Namecheap’s terms & conditions located at https://www.namecheap.com/legal/
4.10 You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
4.11 You agree and acknowledge that W&B Asset Studio will make registration information in relation to the requested domain available to any other appropriate registration authority.
4.12 You acknowledge that you are obligated to provide accurate domain registration details, and that those details will be published to the WHOIS directory with respect to the chosen domain name, as required by registration authority.
4.13 You may not transfer away the domain from us to another registrar during the first ninety (90) days following the registration or transfer of a domain. This does not apply to domains bought during a promotion, domains purchased via any kind of promotion cannot be cancelled or transferred to any other registrar.
4.14 W&B Asset Studio will not accept any transfer request for a domain that is due to expire within 7 days.
4.15 W&B Asset Studio will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.
4.16 You undertake to comply with the content standards set out in our Acceptable Use Policy in respect of any material posted on or associated with any Domain.
4.17 Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to ‘cybersquatting’, We reserve the right to immediately cancel this service and no refunds shall be made.
4.18 “Due to a legal agreement between our domain registrars, and LegitScript, customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. W&B Asset Studio has no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.”
4.19 W&B Asset Studio reserves the right to change the registrar that a domain is held with, at its own discretion and without notice.
4.20 If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of these terms and conditions.
4.21 If a domain name is purchased via a promotional campaign, during that campaign, a limit of 2 domains is available to be purchased per person. We reserve the rights to refuse orders should we deem necessary.
5. Adult Content
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
6. Size limitation
You agree and understand that the maximum size of a single MS SQL database will not exceed 400 MB irrespective of the web space allocated to the hosting account and that the size of each mailbox will be limited to 500 MB on all our VPS and hosting services.
7. Server / Resource / Staff Abuse
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
7.4 Denial of Service (DOS) attacks directed at W&B Asset Studio, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.5 W&B Asset Studio reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.
7.6 If you are in any way disrespectful towards any member of the W&B Asset Studio staff we have full right to terminate your account with us without any refund.
8.1 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
8.2 Some plans are provided with unmetered bandwidth. Unmetered means that we do not accurately record and then enforce the bandwidth usage of your plan unless it is deemed to be using an excessive amount. An excessive amount is classed as either using more than 15% of the total bandwidth available to any single physical server or that your usage is such that it is affecting the performance of the server to the detriment of other clients as determined by our engineers. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.
9. Commercial Advertising – Email (SPAM) / UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. W&B Asset Studio would be the sole arbiter as to what constitutes a violation of this Clause.
9.2 You agree and understand that we have set a limit of 50 outgoing emails per hour on VPS and hosting, 100 outgoing emails per hour on Dedicated, to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
10.1 W&B Asset Studio will use reasonable efforts to protect and backup data for clients on a regular basis, however, W&B Asset Studio does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.
10.2 You agree and understand that any back-up which W&B Asset Studio may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.
10.3 In case of R1 backups, we maintain DRS backups of the underline file system in the event of mass failure, but these backups cannot be used for individual restores. If this is desired, our offsite backup solution is recommended.
11.1 Proforma invoices are generated 20 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay the due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
11.2 If domains are included in the proforma invoice we strongly advise to pay it as soon as possible as the payment has to reach our account within the due date, to avoid suspension fee from domain authority (that can be added without notice anytime after the due date) and service interruption (email, website, ecc.).
12. Security and Viruses
12.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
12.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
12.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
12.4 Attempting to obtain another user’s account password is strictly prohibited and will result in termination of service.
12.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
12.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
12.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
12.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. W&B Asset Studio will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
12.9 You agree to complete your own tests for viruses in accordance with best computing practice prior to each and every operational use of the Services.
13. Control Panel Support
13.1 You agree and understand that our staff members will not help you over live chat, ticket or phone support to set up email accounts, sub-domains, add-on domains or install any of the applications. We have restricted our staff from the client control panel login. Customers are expected to go through Youtube Flash Tutorials as well as our knowledge base to understand all features of respective control panels. Our support team will assist you with any of the functions which won’t work or if there’s any server side problems that needs to be rectified from our end. Basic tasks that can be managed from the control panel are expected to be resolved from the Customer’s end only.
13.2 You will need to upload your website from your end using the file manager or FTP software. Databases should be uploaded from PHPMyAdmin and sub-accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be set up from the client’s end only.
14. Cancellations & Refunds
14.1 W&B Asset Studio reserves the right to suspend OR terminate services on receipt of abuse complaints.
14.2 There will be no refund for new domain registrations and renewals, Whois Guard, WHM/CPanel, Plesk VPS & Dedicated Server License, Linux VPS, SSL Certificates and all products or licenses purchased from External Vendors & W&B Asset Studio does not get any refund in case of cancellation of licenses.
14.3 Any service interruptions or downtime due to scheduled maintenance by W&B Asset Studio or our network providers will not count towards the uptime guarantee. W&B Asset Studio is not liable in any way for failure of third party services.
14.4 In case of shared hosting account cancellation, the charges for free domain will be deducted from the amount to be refunded (if any). Domain will be free only for the initial first year in case of the following TLDs. Renewal charges will have to be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/transfer offer are .com, .net, .org, .biz, .info.
14.5 Should you cancel your hosting 20 days before the renewal date or wish to transfer your domain name to another service provider during it’s registration period, opening a ticket on https://clientes.wbassetstudio.com/supporttickets.php.
14.6 Should you cancel your dedicated server or VPS 60 days before the renewal date opening a ticket on https://clientes.wbassetstudio.com/supporttickets.php.
14.7 Also if you have paid your hosting fee if the DNS domain point to external server for more than 5 days the hosting plan and all its contents will be automatically deleted and there will be no refund for the remaining period.
14.8 In any case refunds for bank transfers are not allowed, the customer will receive a “Add Credit” invoice and a credit will be applied on his W&B Asset Studio account, to be used for any future proforma.
15. Modification of Terms of Service
W&B Asset Studio reserve the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
16.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you by email.
16.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
16.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against W&B Asset Studio. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups.
17. Effect of Termination
On termination or expiry of your Account for whatever reason, you shall pay immediately all sums outstanding pending on your Account to W&B Asset Studio within 5 days.
18. Limitation of liability
18.1 W&B Asset Studio disclaims all liabilities in connection with the following:
- (a) loss of material uploaded;
- (b) incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links;
- (c) technical problems including errors or interruptions of the Services;
- (d) unsuitability, unreliability or inaccuracy of the Services;
- (e) computer viruses of any kind obtained by the Customer in the course of using the Services;
- (f) any security breaches whatsoever affecting the Customer’s Account or Services.
18.2 In no event shall W&B Asset Studio be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
18.3 Nothing in this Clause 18 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
18.4 Subject to Clause 18.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
18.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
18.6 W&B Asset Studio will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold W&B Asset Studio harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against W&B Asset Studio, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
20.1 This Agreement will be governed by and construed and interpreted in accordance with the law of Spain and the parties submit to the exclusive jurisdiction of the Spanish Courts.
20.2 The Customer and W&B Asset Studio both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
21. Company Information
W&B Asset Studio sl is a company registered in Spain under registration number B40503070. Our registered office address is Calle Asturias 61, Valencia, 46023, Spain. Please be advised all visitors are required to book in advance of visiting our office.
If you would like to get in touch with us, please write to us at the address above or by calling (+34) 961129270 . Alternatively, please e-mail us on [email protected]
- Signup Process
All our signups go through a stringent fraud detection process. Our billing department would cross-check all the information given during the signup. This is done to establish that the account holder is aware of what they have purchased as also the fact that the signup has been made with their knowledge. All the accounts are setup only after confirming the authenticity of the signup.
All charges are shown in EUR (i.e. €). Payments are to be made in the proforma currency. We accept the following types of payment: • Debit/Credit Card (VISA, MasterCard) • PayPal • Bank Wire transfer
- Billing Cycles
We accept monthly, quarterly, semi-annual & annual payments. Our shared hosting plans can be paid semi-annually or annually.
- Wire and Bank Transfer
Services paid for by wire transfers & bank transfers would be set up only after we receive the payment on our bank account.
We require written authorization to cancel/terminate services, make changes to billing cycles and account information. All requests are to be submitted through the email used for the signup. Requests NOT submitted through our ticket portal (https://clientes.wbassetstudio.com/supporttickets.php) would not be accepted.
Services renewal reminders will be sent 20 (twenty) days before the actual renewal/due date. This is done to ensure that our clients get enough time to make payment(s). A second reminder will be sent before the due date and the overdue reminder would be sent the day day after the due date.
- Grace Period
A maximum grace period of 5 (five) days will be given to all unpaid accounts past the renewal/due date, only to be provided prior to a written agreement being reached with our billing team. The service will be suspended within the day after due and a notification email would be sent informing about the suspension of service (first proforma invoice overdue notice). Then the service will be deleted within the 6th (sixth) day of the account being past due and a notification email would be sent informing about the cancellation of service. Backup, if purchased/applicable, will be provided only after the dues are paid during the suspension period, i.e. between 1st and 5th days (both days inclusive) of the account being past due. For domains read article 9.
- Suspension and Cancellation
We would allow up to 5 (five) days after the account has been suspended, for the renewal fee/dues to be paid. The account will be terminated permanently and all data held within that particular account will be deleted from the server once this period of additional 5 days is over. Under no circumstances would a backup be provided to the client after termination.
If the domain renewal expires for the due payment, please notify us immediately and we will try our best to renew the domain name for you. However should it come to the time when the domain has already been pushed into the redemption period then you will be responsible for the one time payment of redemption fee & the renewal charges of the domain to renew your domain (this is the amount charged by our registrars). We can’t guarantee the domain renewal starting from the day after the due date.
Accounts terminated due to any hosting violation, breach of our policies, are not entitled to any sort of refund what-so-ever. Instances where W&B Asset Studio has had to delete or terminate accounts (after having evidence to substantiate the charges/violations) due to complaints of copyright infringement, internet watchdog complaints would also not be entitled to any refund at all. At any point of time, in cases where compensation has to be given for not having been able to provide the services guaranteed on the quote, the amount would not be more than 1 month’s fees.
- VAT Policy
VAT will not be charged on future proforma invoices once we have confirmed your eligibility by validating address outside Spain and identity details. Also businesses that are based within the EU and have a valid EU VAT registration number qualify for VAT exemption http://ec.europa.eu/taxation_customs/vies/?locale=en .
Spain VAT is chargeable for all other EU individuals and businesses.
EU VAT registered businesses will be required to provide their VAT registration number which will be validated against the European Commission database. The number will also be re-checked at regular intervals. Any change of VAT status or VAT registration number must be notified to us immediately.
Businesses outside the EU must email or fax us details of their incorporation along with business trading status. The documents must show the location of the business. Individuals outside the EU must provide proof of address and identity. Accepted documents include passports, ID cards and recent utility bills.
Upon sign-up we must charge VAT on your first invoice; if eligibility for VAT exemption is proved at the date of the invoice, however, the VAT charged on this invoice will be refunded in the form of a credit to your billing account and future invoices will be issued without the addition of VAT.