Terms of Service

Last modified on 8th June 2024
Throughout this document, the terms “we”, “us” and “our” refer to Karl Sciberras and Clayvon Pace, who offer website hosting, website development and related services using their trade names “Whale” and “madebywhale”. These terms of service apply to all our clients, with no exception. Therefore, they apply if you did or are currently doing any business with us, be it with Karl Sciberras or with Clayvon Pace. These terms also apply if any one of the below conditions or situations is true, or if any one of the below events occurred:
  • You obtained a service from us.
  • We host your website or are currently offering you web hosting services.
  • We hosted your website in the past or offered you web hosting services in the past.
  • We host your emails or are currently offering you email hosting services.
  • We hosted your emails in the past or offered you email hosting services in the past.
  • We helped you set up a web hosting (website hosting) account.
  • 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 designed or developed a website for your personal use.
  • 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 provided us with access to any files or data or accounts or website or domain or hosting or server or credentials.
  • You were engaged in communication with us and exchanged sensitive or non-sensitive information, access to data, business secrets or any other information.
  • You were commercially engaged or involved with us.
Our terms of service are non-negotiable and we do not make exceptions. If you are using any of our services or are commercially involved with us and do not agree to any portion of the terms on this page inform us immediately by writing to us on legal@madebywhale.com . Once you inform us, we will work hand in hand with you to establish an exit process and an exit date so that you can start obtaining service from another provider of your choice. We will find no objections to transfer-out any relevant website files or domains that we host for you or alternatively provide you with access to the required resources depending on the type of service.

Type of Service

We offer a limited but focused set of digital services, not products. Given that the nature of our business is digital, most of our work is executed remotely.

Refusal of Service

We cannot guarantee that we are in a position to handle all new requests be it from existing clients or potential clients. Reasons for this may include but are not limited to insufficient resources, technical limitations or personal or health issues. We also reserve the right to discontinue the services of an existing client any of these situations arise:
  • A client breaches our terms of service
  • A client attacks in any way (verbal, physical, cyber, etc.) our employees, sub-contractors, partners, infrastructure or image.

Disclaimer – Our services are not perfect.

We do not guarantee the merchantability (state of being fit for market) or integrity of our services for any particular or specific purpose and will not be responsible for any damages that may be suffered by the website owner or anyone using our services in the event that the service rendered does not meet expectations or in the event of a technical fault. Technical faults may include loss of data or service interruptions by any cause or error. We will not be liable for damages in the event of non-accessibility time or down-time or data loss. We specifically deny any responsibilities for any damages arising as a consequence of such unavailability or data loss.

Disclaimer – Our services are not risk free.

Despite our efforts we are not in a position to guarantee the security of your website, domain, email, user data, and related services. Risks may include but are not limited to security breaches, hacking, spam, malicious attacks, technical failures, loss of data, abrupt service disruption from third parties, malfunction from third party software, abrupt shutdown or security breaches of sub-contractors, service discontinuation by sub-contractors, and others. By using our services, you are accepting and understanding these risks while keeping us free from responsibility of any losses or damages arising from such risks.

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 in the event that your website is hacked by a third party or in the event of any type of unwanted service disruption.

Indemnification

You agree that we cannot be held responsible for any third-party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of our services. You, and solely you, take responsibility for your actions while using our service.

Data Sharing with Partners, Sub-Contractors and Third Parties

In order to provide you with service, sometimes a portion of the data we host for you or a portion of the data you communicated to us needs to be shared with trusted partners, sub-contractors or third parties.

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.

Troubleshooting Time

We do our effort to troubleshoot any technical issue once reported to us by our client. We cannot troubleshoot any problem before we are informed about it, therefore we always recommend you to inform us at the earliest if you observe a software bug, a security breach, or a type of unwanted or unexplained software behaviour.

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 that we may provide you.

Pricing

Our pricing may change at any time. Any pricing given for web hosting, email hosting, and domain registrations is annual. Registration and hosting fees are to be paid up one year in advance.

Refunds

Refund policy for Web Design and Development services:
In the rare event that we choose to cancel your order as a result of an internal business decision from our end after you already paid a deposit, we will refund you. In the event that the client chooses to cancel an order then a refund will not be possible. Bear in mind that there is an effort we put in every sale and the deposit is a security held against it.
Refund policy for renewal of Annual Registrations and Hosting services:
To ensure our clients are always well informed and with enough decision-making time on their hands, we always contact our clients approximately 30 days prior to the end of the current period, also referred to as expiry date. During this communication, it’s important that the client notifies us clearly about their intentions, be it to renew or to terminate the service. This is important because once we process your renewal and a new period is entered into, a refund will not be possible.

Payment Terms

The hosting service and related services offered by us risk being cancelled permanently if we do not receive the payment in full within 30 days from the time of our request. 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 and therefore will be cancelled. Permanently cancelled services due to no reply or no payment include (but are not limited to) web hosting, email hosting, domain registration, DNS hosting, and any other related services. Following a cancellation of service, any files that we may store for you be it emails or website will be permanently lost with no option for recovery. To avoid any miscommunication whatsoever, we suggest that you keep us well informed about your intentions for renewing or not renewing services that way there is clarity for both parties.

Accuracy and Priority 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. If you do not understand our terms or any portion of this document please contact us immediately on legal@madebywhale.com and we will do our effort to explain. Please refrain from doing business with us if you don’t understand our terms of service.

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 reserve 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.

Questions or Concerns

If you have questions or concerns kindly email us immediately on legal@madebywhale.com

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