Terms of Service

Last modified on 29th May 2021
Throughout this document, the terms “we”, “us” and “our” refer to Karl Sciberras and Clayvon Pace, who offer website hosting and related services using their trade name “Whale”. These terms apply for any business carried out with us, be it with Karl Sciberras or with Clayvon Pace and any business involving our trade name “Whale”. These terms also apply if any one of the below situations takes place or took place:
  • You currently host or have previously hosted a website with us.
  • We helped you set up a web hosting (website hosting) account.
  • You currently host or have previously hosted emails with us.
  • We helped you set up an email hosting account.
  • You registered a domain name with us or we helped you register a domain name.
  • We designed or developed a website for you or a business you may own, represent, or act on behalf of.
  • We carried out digital marketing works for you or a business you may own, represent, or act on behalf of.
  • We carried out branding or graphic design work for you or a business you may own, represent, or act on behalf of.
  • You requested access to any files, data or website related content from us.
  • You provided us with access to any files, data, or website related content.
  • You were engaged in communication with us and exchanged sensitive or non-sensitive information, access to data, business secrets or any other information.
  • We billed you or invoiced you for a service or product we offer.
  • You paid us for a service or product we offer.
If you are using any of our services and do not agree to the terms on this document let us know immediately by writing to us on [email protected] and we will transfer out to you any files or resources which we may be currently hosting or registering for you so that you may find an adequate service provider to replace us. Kindly read carefully.

General Terms

We reserve the right to refuse service to anyone for any reason at any time.

Disclaimer

We make no warranties or representations of any kind, whether expressed or implied. We also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the website owner or anyone using our services including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors. We are not liable for damages to our clients for any non-accessibility time or other down time. We specifically deny any responsibilities for any damages arising as a consequence of such unavailability.

Limitation of Liability

We will not be liable for any business losses, including but not limited to loss of or damage to profits, income, revenue, use, intellectual property, data, goodwill, or any other indirect or consequential loss or damage.

No Refunds

We do not offer any sort of refunds.

Connection Speeds

Connection speed represents the speed of an end-to-end connection. We not represent guarantees of speed or availability of end-to-end connections.

Trademarks and Copyrighted Material

You must have the right to use any applicable trademarks or copyrighted material used in connection with any service we may provide you. Be it material or content which you send to us so that we apply it on your website or which you upload directly on your website via an access which we may provide you.

Pricing

Our pricing may change at any time.

Payment Terms

The hosting service and related services offered by us will be cancelled if payment or any part of the payment invoiced for is not received within 30 days. We will send a maximum of two reminders via email or via other contact information we may have. If we receive no news we will assume that you are no longer interested in our services.

Accuracy of Information

The terms on this web page take priority over any other information displayed on other pages of our website, social media, or other printed or electronic documents.

Prohibited Use

You are prohibited from using a website we host for you or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the hosting service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the hosting service or any related website, other websites, or the Internet. We reserve the right to terminate your hosting service or any related service for violating any of the prohibited uses.

Governing Law

These Terms of Service and any separate agreements we provide you shall be governed by and construed in accordance with the laws of Malta, Europe.

Changes to these Terms

We reserves the right to modify or amend these terms at any time by posting the amended terms here. All amended terms take effect upon posting. The current version of these terms will govern your use. Accordingly, you should check the date of these Terms (which appears at the top) and review any changes since the last version.