TERMS AND CONDITIONS OF SUPPLY
OUR TERMS AND CONDITIONS OF SUPPLY OF SERVICES
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services (the “products”) to you on our website www.junglewp.com.
1.2 Language of these terms. These terms are provided in English.
1.3 Why you should read them. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract and other important information. Please read these terms carefully before you submit your order to us because by placing an order, you agree to them.
1.4 Amendments to these terms. Some amendments or additions may be made to these terms at any time. The new terms will apply to any order placed after they have been posted on our website www.junglewp.com.. You are reminded to review these terms prior to submitting any order. Existing clients will receive advance notification of the amendments for approval.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are JUNGLEWP LIMITED a company registered in Hong Kong. Our company registration number is 2439594 and our registered office is at 21/F, On Hing Building, 1 On Hing Terrace, Central, Hong Kong. Our services do not require a registered VAT number in the European Member States.
2.2 How to contact us. You can contact us by writing our customer service team at support @ junglewp.com or post to JungleWP Ltd, 21/F, On Hing Building, 1 On Hing Terrace, Central, Hong Kong.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Any order submitted is subject to acceptance by us. Only upon acceptance by us by way of an order confirmation the sale is concluded and the contract between you and us will come into existence.
3.2 If we cannot accept your order. We reserve the right to reject any orders in full or in part. This might be for example because of unexpected limits on our resources which we could not reasonably plan, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.1 Your order number. We will assign an order number to your order and tell you what it is in the order confirmation. You must provide us with the order number whenever you contact us about your order.
4. PRICE AND PAYMENT
4.1 Service’s price: All prices for services quoted on our site are in €uros or US dollars. The prices may not include all value added taxes. Prices are subject to change at any time but will not affect orders made prior to the date of the change.
The price of the service will be the price indicated on our website when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 3.2 and clause 6.2 for what happens if we discover an error in the price of the product you order.
4.2 The rate of VAT. The change of VAT rate will affect orders made prior to the date of the change but not yet paid at the date of the change if our services do require a registered VAT number in the European Member States.
4.3 When you must pay and how you must pay. The payment is made upon the placement of your order by bank card through different secure payment methods (Visa, MasterCard, or American Express), or PAYPAL account in the future. Your bank card or your account is debited after the acceptance of your order, in Euros or US dollars. When you must pay depends on what product you are buying:
(a) For one-off services, you must pay 100% of the price of the services, before we start providing them. We will invoice you any extra service that you requested after this payment. A direct debit authorization is required and payment will be made by direct debit shortly after the invoice is sent out to you.
(b) For service plans, a direct debit authorization is required and payment will be made by direct debit shortly after the invoice is sent out to you. We will invoice you monthly in advance for the services until the contract is terminated.
4.4 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of The Hongkong and shanghai Banking Corporation Ltd from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.5 We may also suspend supply of the services if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4.3) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 4.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 4.4).
4.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5. PROVIDING THE SERVICES
5.1 Description of the services. We will supply the services described on our website www.junglewp.com. Some amendments or additions may be made to the services at any time. Existing clients will receive advance notification of the amendments for approval.
5.2 When we will provide the services. We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
5.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, WordPress Administrator account (Login and Password) and Hosting space access (Address, Login and Password). If so, this will have been stated in the description of the service on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as notified by us to you (see clause 5.1).
5.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 2 days in any month we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it. If we tell you we are going to suspend any service for a period of more than 2 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the service, see clause 6.3. You may be able to get a refund if you are within the cooling-off period;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.7].
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 1.4 or clause 5.1);
(b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.2 or clause 9.2).
6.3 Exercising your right to change your mind. In the European Union, for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
6.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by JUNGLEWP of Hong Kong to its customers, which is more generous than the legal rights referred above in the ways set out below. This goodwill guarantee does not affect your legal rights:
Consumer’s right in the European Union for most products bought online How our goodwill guarantee is more generous
14 day period to change your mind. 30 day period to change your mind.
6.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
6.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought one-off services (for example, performance and security audit or Malware and Hack removal? If so, you have 30 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. Services that require we buy a specific licence to a 3rd party partner cannot be refunded (for example Premium SSL or Premium CDN).
(b) Have you bought a service plan (for example, hosting services or security services)? If so, you have 30 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
6.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month the day on which you contact us. We will refund any advance payment you have made for services which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the service until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email customer services on support @ junglewp.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the help form https://junglewp.com/help/ in your JungleWP account on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 30 days of your telling us you have changed your mind.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract to any individual, website, or blogs if you break it. We may end the contract for a service at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example, WordPress Administrator account (Login and Password) and Hosting space access (Address, Login and Password):
(c) You do propose offensive, obscene, hateful, malicious content, send spams or any other reason on your website.
(d) Anyone other than JungleWP Ltd or its subcontractors attempts to interfere with JungleWP shared of responsibilities, change or delete JungleWP plugins or configuration that impairs the ability to monitor, optimize load times, and secure the web pages to display or function properly.
(e) You do install no WordPress Applications on JungleWP dedicated server without informing us. Such action is impacting the WordPress database and our capacity to secure and protect your WordPress site and our JungleWP infrastructure. We recommend our client to install all non WordPress applications on another server outside JungleWP infrastructure.
(f) You do migrate your WordPress files or database to a third-party Web Hosting Company, or remove our name servers from your Domain Name Registrar.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services, we have not provided but we may deduct or charge you $USD 70 (VAT not included) representing one-hour minimum service we initiate.
9. IF THERE IS A PROBLEM WITH THE SERVICE
9.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write our customer service team at support @ junglewp.com or post to JungleWP Ltd, 21/F, On Hing Building, 1 On Hing Terrace, Central, Hong Kong.
9.2 Summary of your legal rights. In the European Union, we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the website of the authority in charge of consumer protection. Usually:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (see clause 6.3).
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided].
12.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.5 Applicable law and competent jurisdiction. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong and the courts of Hong Kong shall have exclusive jurisdiction to settle any such dispute or claim.
(Complete and return this form only if you wish to withdraw from the contract)
To JUNGLEWP LIMITED, having its registered office at 21/F On Hing Building, On Hing Terrace, Hong Kong, cancel @ junglewp.com
I hereby give notice that I cancel my contract of sale for the supply of the following services:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):