Legal Information

All Webnix Premium and Dedicated Customers are required to read and understand Clauses 1 to 30. Once you sign with our agreement, you agree to confirm your acceptance to all the terms and conditions herein and return the same to us.

1. The following words shall have the following meanings in the Agreement unless the context demands otherwise:
"Services" Web hosting and any ancillary Internet-based technologies, consulting and other service offering from time to time provided by Webnix.
"Subscriber" Any company or individual who has requested to use the Services provided by Webnix.
"Webnix" Webnix Technology Limited, its successors and assigns.
"Third Party Content" All information, software and other content provided by any third independent, third party that can be accessed through or by virtue of the Services.

2. The Subscriber acknowledges and agrees that he/she shall pay Webnix the initial installation fee, if any, and all monthly fees, deposits and other charges as and when they fall due as may from time to time be notified to the Subscriber by Webnix in accordance with this Agreement. The Subscriber shall pay all applicable taxes, if any, relating to the use of the Services by the Subscriber.

3. The Subscriber acknowledges that no unused disk space may be carried forward to the following month and that no credit or refund is available in respect of any time when the Service is 'down' or suspended.

4. The Subscriber will not reproduce, distribute, publish, copy, download or otherwise exploit any Third Party Content which is protected by copyright or similar rights unless the Subscriber owns or controls the relevant rights thereto or has obtained all the requisite licenses and approvals

5. The Subscriber will not through the Services publish, reproduce, copy, distribute or circulate any unsolicited advertised or promotional information or any content that is obscure, indecent, seditious, offensive, defamatory, discriminatory or in breach of confidence.

6. If the Subscriber has other designated users, the Subscriber shall bring all the terms and conditions in this Agreement to each of them for their notice and shall procure that each of them comply with all the terms and conditions of this Agreement. The subscribers shall responsible for all use of Services provided by Webnix by the designated users and shall indemnify Webnix in respect of all such use in the terms described in clause 10 below.

7. In relation to any Third Party Content which is uploaded by the Subscriber, the Subscriber hereby grants to Webnix an irrevocable perpetual licence to reproduce, publish, copy, transmit or otherwise exploit such Third Party Content, without charge.

8. For the purposes of the provisions of the Personal Data (Privacy) Ordinance or otherwise, the Subscriber and his designated users (if any) hereby further acknowledge, agree and authorize Webnix to access, copy, amend or delete any Third Party Content uploaded or otherwise provided by the Subscribers and his designated users (if any) through the use of Services where any such Third Party Content or content is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in Webnix's sole opinion to be accessed or otherwise provided by or through the use of the Services.

9. Webnix will not be a party to any transaction including, without limitation, for goods services and /or Third Party Content, between the Third Party Content provider, etc. and the subscriber.

10. The use of the Services shall be at the sole risk and for the sole account of the Subscriber and Webnix shall not be liable in any respect to the Subscriber for or in respect of the use by the Subscriber of the Services. The Subscriber acknowledges and agrees to indemnify Webnix from and against any and all actions claims costs demands and proceedings arising out of or in connection with the use by the Subscriber of the Services whether accessed through the Subscriber's network(s) or account(s) or its password(s) or otherwise including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Agreement by the Subscriber.

11. Subscriber's right to use the Services is personal and not transferable and is subject to any limits or restrictions established by Webnix from time to time. The Subscriber shall not license others to use the Services whether for a financial consideration or not.

12. The subscriber is responsible for and must provide all necessary preparations required to comply with Webnix's installation and maintenance specifications; this includes physical equipment and or software products that are NOT provided by Webnix. Webnix reserves the right to disconnect or deactivate any subscriber equipment or software at any time without giving prior notice. In practice, subject to Clause 19 and 21 Webnix will endeavor not to do this except during scheduled maintenance periods or in situations where the equipment or software is interfering with other services of Webnix. Subscriber must comply with Webnix's requirements as regards access to equipment and/or use of the Services.

13. The Services are supplied on an "as is" basis for decent and lawful purposes only. No warranties are given or implied save for those warranties implied or imposed by and which cannot be excluded or restricted under Hong Kong Law. The entire risk as to quality and performance of the Services is with the Subscriber.

14. Webnix further disclaims any representation, warranty or responsibility in relation to the provision of Services, the results to be obtained and to the extent permitted by law. Webnix expressly disclaims any warranties whether express or implied as to title, fitness for a particular purpose, merchantability or standard of quality of Services unless otherwise specifically mentioned in this Agreement.

15. In no event shall Webnix or its employees be liable to anyone for any or any special, incidental or consequential damages arising out of or in connection with the use of (or inability to use) the Services, including, without limitation, damage resulting from loss of profits or loss of data delays, non deliveries, wrong deliveries, or service interruptions whether caused by Webnix or its employees and regardless of whether attributable to any negligent act or omission of Webnix or of such employees or otherwise. No guarantee of end-to-end bandwidth on the Internet is made.

16. Webnix reserves the right to amend any particular software, information or facility, which it provides or may, provides through the Services. Subscriber agrees to abide by all applicable laws (whether Hong Kong or the laws of any relevant jurisdiction) relating to the use of the Services and any Third Party Content which are in force, as amended from time to time, when using the Services. Subscribers must abide by generally accepted rules of conduct relating to proper use of Internet resources as well as those policies of any other networks accessed via Webnix. Webnix has the sole right to define and interpret the above rules of conduct and policies.

17. By one month's advance notice published over the web page, Webnix may modify and amend this Agreement, Services offered, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the Services at its sole discretion.

18. At any time after the expiration of 12 months from the Commencement Date, the Subscriber may, by serving one month's notice in writing to Webnix, terminate this Agreement. Within 30 days after termination of this Agreement Subscriber must provide full and free access to Webnix to repossess the equipment and software products provided by Webnix.

19. Webnix will invoice the Subscriber on a monthly basis by post, electronic mail and/or facsimile transmission. Such payment to be made by the due date for payment as specified on the invoice, without set-off. If the Subscriber does not pay the full invoiced amount within 60 days of the date of the invoice, Webnix may charge a late payment charge of 2% per month on the outstanding amount until payment has been made in full. Webnix reserves the right to suspend its services without prior notice if payment has not been received within the specified period.  The Subscriber must follow our billing policies related to payment procedure.

20. Subject to clause 21, Webnix may terminate this Agreement and the Services at any time on the giving of one calendar month's notice to the Subscriber.

21. If the subscriber is in breach of any of the terms of this Agreement, including late payment of any part of any invoices or if the subscriber's or his designated users' use of and/or Subscription of the Services, then Webnix may at any time, at its sole discretion and without prejudice to any other remedy available to it at law, either disconnect or deactivate any subscriber equipment or software, or suspend the Subscriber's access to and use of the Services until such breach is remedied, or terminate this Agreement and the Subscriber's access to and use of the Services immediately.

22. For any termination of this Agreement and the Services as required by the subscriber. A written notice with subscriber's signature and company chop must be made one month ahead before the termination date.

23. Should Webnix suspend or terminate the Services pursuant to Clauses 20 and 21, the Subscriber has no right to any data stored and Webnix will be under no obligation to make such data or any copies of it available to Subscriber in any form whatsoever. Should this Agreement terminate for any reason whatsoever Subscriber data stored on Webnix's facilities will be explicitly erased without prior notice.

24. This Agreement may be assigned by Webnix at any time.

25. Any termination of this Agreement shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.

26. If any term or condition of this Agreement becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement.

27. Neither the course of conduct between the parties nor trade practice will modify the provisions of the Agreement. The provisions of all obligations of and all restrictions on the Subscriber will survive the termination of this Agreement

28 No failure or delay on the part of Webnix to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.

29. Save as specified in this Agreement, any notice or other communication to be given under this Agreement shall be in writing and shall be served by leaving it or sending it by e-mail, facsimile or prepaid post to the address of the parties as specified in this Agreement or as are notified by either party to the other from time to time.

30. The Agreement is governed by the laws of Hong Kong and the Subscriber hereby submits to the non-exclusive jurisdiction of the courts of Hong Kong.   

1. General Policies For Services Fee

- If a service order is signed, fees are due until Webnix is formally notified in writing of a cancellation request. This policy is in effect even if there is in processing of hardware & software order, IT outsourcing, maintenance services, cloud services or other related IT services signed.

- No new services will be added to any account with an outstanding balance at the time the order for additional services is placed. If new services are requested they will be activated only after the current outstanding balance has been cleared.

-All cancellations must be in writing & from the original person or company who had requested the service. (Faxes on company letter head, a postal hard copy request, or an email from the domain owner from an email address of the domain in question are sufficient. TELEPHONE REQUESTS ARE NOT SUFFICIENT AS WEBNIX HAS NO DEPENDABLE MEANS TO VERIFY IDENTITY OF CALLER AND NO WAY TO TRACE FRAUDULANT CANCELLATIONS).

-Any suspected invoice error or dispute regarding any fees or account invoice must be brought to Webnix's attention by the customer within 30 days of the fee or invoice in question. After 30 days from the date of invoice the customer waives any and all rights to disputing of fees and invoice items, and will be responsible for payment in full on all fees and items as originally invoiced.

-Payments are invoiced and due at the start of the period for which service is to be rendered. Some services and setup fees are billed in advance only; customers will be notified at time of order on such services.

-If a cheque is returned, then the account will be considered NOT paid, and all late penalties and fees will apply until the balance is cleared. In addition, a processing fee of HK$50 will be added to the balance due.

-If the mailing cheque does not pay enough postage fee and is on hold by HK POST Office, we will charge HK$50 as a handling fee for insufficient HK POST postage fee.

2. Policies for Domain and Hosting Customers

-ALL DOMAIN CUSTOMERS MUST SIGN A APPLICATION FORM. WEBNIX WILL NOT REGISTER /TRANSFERR OR HOST A DOMAIN WITHOUT A SIGNED APPLICATION FORM. Webnix employees may, as part of a sales process, LOOK UP the availability of a prospective domain name for a prospective customer BUT under no circumstances will a domain be registered unless & until there is a signed hard copy of the service order (or an electronic equivalent once such is available via Webnix's web site).
Service Fees for service(s) requested are due and payable in full regardless of usage or nonuse of such services. If a service order is signed, fees are due until Webnix is formally notified in writing of a cancellation request. This policy is in effect even if there is never a web page put up, or email is never used. The fees for hosting are due for the duration.

-The Billing Period will begin 3 business day from the date the application form or email confirmation are received for the customer. These first 2 days are FREE to allow completion of registration w/ the Internic, activation of domain on Webnix's server, setup/testing of domain, hosting account and email by customer, however billing will commence on day 3 if the process is started even if these activities have not been completed. Customer will not be billed beyond IF written cancellation is received within this 2 Days FREE period. But, this policy does not include domain name registration fee.

-Webnix Hosting Cancellations MUST be in writing & from the legal owner of the domain. (Faxes on company letter head, a postal hard copy request, or an email from the domain owner from an email address of the domain in question are sufficient. TELEPHONE REQUESTS ARE NOT SUFFICIENT AS WEBNIX HAS NO DEPENDABLE MEANS TO VERIFY IDENTITY OF CALLER AND NO WAY TO TRACE FRAUDULANT CANCELLATIONS). Domain Owner should fax or mail the Services Termination Letter to Webnix not less than 10 working days before the termination date.

-Any domain transferred from Webnix without written notice of cancellation will forfeit any refund otherwise due. Any domain transferred from Webnix without written notice of cancellation which has an outstanding balance due at time of transfer will owe for the entire, then current, billing cycle and such bill will be immediately referred to Webnix Billing Department.

-Services Fee is NON REFUNDABLE. If application form is signed and after 2 Days FREE period, the services fee is due.

-Any balance more than 30 Days past due will result in suspension of services until paid in full. Customer who will be invoiced as "Due Upon Delivery" and balances must be cleared within 15 days on recurring services fee. Before the suspension of services, Webnix will email/mail/phone call to customer for overdue reminder after the due date of invoice or billing statement. (Service fees WILL continue throughout the suspension period and Webnix reserve the right to charge a 2% per month late fee will be applied to all past due balances). A processing fee of HK$300 will be added for account re-opening.

-If a cheque is returned, then the account will be considered NOT paid, and all late penalties and fees will apply until the balance is cleared. In addition, a processing fee of HK$50 will be added to the balance due.

-If the mailing cheque does not pay enough postage fee and is on hold by HK POST Office, we will charge HK$50 as a handling fee for insufficient HK POST postage fee.

-The cancellation will be effective the next business day after Webnix receives written notice from the domain owner or on the date a customer request provided it is a date after Webnix receive the customer's request. If any domain keeps DNS record without any hosting plan applied at Webnix, it will charge HK$200 per year for DNS holding service fee.

-Any additional services upon customer request, charges will be billed on a separated billing statement during current billing cycle. A billing statement will be issued immediately and is due on receipt for customers.

-Overage charges for disk space and transfer volume will be billed MONTHLY. A billing statement will be generated including the overage charges and period in next billing cycle. Our hosting servers will keep check on each hosting account for disk usage and pop3 email usage everyday. Our customer support staff will contact customer for additional charges.

-Upgrades in service level will be effective on the next billing cycle, overage charges for overages up to the end of the current cycle are due regardless of any outstanding request to upgrade service level.

Information on this site may contain inaccuracies or typographical errors; no warranty or guarantee is given to the accuracy, usefulness of the content hosted or referenced by this site. Information may be changed or updated without notice. No claims, actions or legal proceedings in connection with this website brought by any customers or other person having reference to the material on this website will be entertained by Webnix Technology Limited.  

Policy for .com.hk domain name registration
With effective from 1 June 2001, HKDNR will replace JUCC to administer Hong Kong Network Information Centre ("HKNIC"). It will assume the responsibility of registration and assignment of Internet domain names ending with com.hk, org.hk, gov.hk, edu.hk and net.hk

HKDNR launch new .hk policies on 1 June, 2001
1. All registrants who registered a .com.hk/.org.hk/.net.hk domain name(s), need to re-register the domain name again. The purpose of re-registration is to verify/update the existing registration information, obtain additional information required for the new registration system, to clear up non-active domain names and to get the consent of the registrants to enter into the new contract. Registrants who initially registered before February 19, 2001 have right to keep the old contract, or accept the new contract during re-registration.

2. All current .hk domain name holders registered before June 1, 2001 under the condition at point 1. need to re-register on or before 31st October, 2001.

3. Different between past contract and new contract:
Past Contract:
a. one organization can register only one .hk domain name.
b. domain name is not transferable
c. no annual renewal fee
d. the update of name servers information is not free
e. application or modification is via email method

New Contract:
a. domain name holders can apply for multiple domain names; no upper limit
b. domain names are transferable if two parties mutually consent
c. annual renewal fee is charged and new charging scheme
d. the update of partial information is free
e. application or modification is more convenient
f. Free Web-based Information Modification: You can change the Administrative Contact, Technical Contact or Billing Contact Information online.
g. Uniform Dispute Resolution Policy

4. Re-registration Procedure:
a. The re-registration will start on May 14, 2001. Domain owner will receive a email notification for re-registration.
b. You have to prove your company's identity by submitting the Updated Certificate of Business Registration during re-registration.
c. You need a password to process re-registration. The password is obtained from HKDNR. (The password for your existing domain name was emailed to your Administrative Contact in mid-May, 2001. If you have not received the said password, please contact our support team)
d. For every re-registration, an email will be sent to the Administrative Contact person after approval within 7 working days.

5. If registrants do not re-register on or before 31st October, 2001, their existing domain names will be terminated after certain notification period.

6. Registration must be renewed annually and the registrant has the responsibility to keep supplied information (e.g. contact addresses) up to date.   

Policies for New Applicants (.com.hk/.org.hk/.net.hk/.hk):
Those wishing to register new domain names on or after 1 June 2001 must abide by the new policies set by the HKDNR, the highlights of which are as follows:  

-To qualify for registration, an applicant must be one of the following legal entities in Hong Kong: a commercial entity (for .com.hk), a non-profitable organization (.org.hk), an entity managing network infrastructure and services (.net.hk), a bureau or department of HKSAR Government (.gov.hk), or educational institution (.edu.hk).

-To prove its physical presence in Hong Kong, the applicant must supply such documentary evidence. For example, in the case of a commercial entity, a copy of the Business Registration Certificate should be submitted with the application. The applicant should have an intended Internet presence as well; information about name servers must also be supplied.

-Registration must be renewed annually and the registrant has the responsibility to keep supplied information (e.g. contact addresses) up to date

-The same entity can register for more than one domain name, and domain names can be transferred from one entity to another entity of the same type, provided that the recipient can show also a valid presence in Hong Kong.

-HKDNR will register domain names on a first-come, first-served basis (except during the sunrise period on 1-8 June 2001). If two parties claim rights to the same domain name, such dispute can be resolved through the arbitration process of the Hong Kong International Arbitration Centre (HKIAC). HKDNR will respect and follow the judgment of the HKIAC in such disputes.

The above information is copied from Hong Kong Domain Name Registration Company Ltd (HKDNR).Information on this site may contain inaccuracies or typographical errors; no warranty or guarantee is given to the accuracy, usefulness of the content hosted or referenced by this site. Information may be changed or updated without notice. No claims, actions or legal proceedings in connection with this website brought by any customers or other person having reference to the material on this website will be entertained by HKDNR. 

Terms and Conditions For Monthly IT Outsourcing Customer
All Webnix's IT Outsourcing customers are required to read and understand the following terms and conditions. Once you sign with our contract, you agree to confirm your acceptance to all the terms and conditions herein and return the same to us.

"Services" IT Outsourcing, IT maintenance, consulting and other service offering from time to time provided by Webnix.
"Customer" Any company or individual who has requested to use the Services provided by Webnix.
"Webnix" Webnix Technology Limited, its successors and assigns.
"Third Party Content" All information, software and other content provided by any third independent, third party that can be accessed through or by virtue of the Services.  

1. Payment Conditions Payment shall be made in Hong Kong Dollars not later than 7 days after the end of each month following submission of invoice. Monthly fees should be paid in advance before the 1st day of each calendar month. Charges payable on a monthly basis, will be charged on a full-month basis even if the services termination date is less than a complete month. For yearly prepayment, payment shall be made in Hong Kong Dollars not later than 7 days before the starting services day of yearly maintenance.

2. Service Terms
Customer have to commit a minimum service term of 12 months; the service fee will be fixed at the rate specified in above for the duration of the minimum service term.

3. Liability
Maintenance service doesn't cover the hardware and software damage, data lose or human error. Webnix Technology Limited maximum liability relating to services rendered under this letter (regardless of form of action, whether in contract, negligence or otherwise) shall be limited to the charges paid to Webnix for the portion of its services or work products giving rise to liability. In no event shall Webnix be liable for consequential, special, incidental or punitive loss, damage or expense (including without limitation, lost profits, opportunity costs, etc.) even if it has been advised of their possible existence. Customer shall indemnify and hold harmless Webnix and its personnel from and against any claims, liabilities, costs and expenses (including, without limitation, attorney fees and the time of Webnix personnel involved) brought against, paid or incurred by Webnix at any time and in any way arising out of or relating to Webnix’s services under this letter, except to the extent finally determined to have resulted from the gross negligence or willful misconduct of Webnix personnel.

4. Exclusion
Customer pays for the new hardware, software and license if need to perform upgrade or replacement. IT outsourcing service does not including computer peripherals, such as monitor, external harddisk, memory card, scanner, mobile phone, tablet, digital camera..etc. Maintenance does not include client’s office relocation. For such services, this will assign as another project.

5. Confidentiality
Webnix shall not, during the term of the contract and within one year after its expiration, disclose any proprietary or confidential information relating to the Services, the contract or the Customer''s business or operations without the prior written consent of the Customer.

6. Ownership of material
Any studies, reports or other material, graphic, software or otherwise, prepared by Webnix for the Customer under the contract shall belong to and remain the property of the Customer. Webnix may retain a copy of such documents and software.

7. Assignment
Webnix shall not assign the contract or subcontract any portion of it without the Customer's prior written consent

8. Renewal
The cost will be revised after 12 months contract based on the size of computers, number of servers, services, number of Customer's staff and office location. Renewal of the contract is at the discretion of both the parties. Upon expiry of this contract, the Customer’s subscription for the maintenance service will be automatically renewed on the same terms and conditions herein, unless the Customer
gives Webnix prior written notice 30 days before such expiry that it does not wish to go renew. 

9. Termination
By the Customer:

9.1 The Customer may terminate the contract if Webnix is unable to perform a material portion of the Services for a period of not less than thirty (30) days.
9.2 One-month prior written notice is required for any kind of Service Termination
9.3 Termination before contract expiry is subject to an Early Termination Charge equals to the total amount of the remaining service fees.

By Webnix:

9.4 Webnix may terminate the contract, by not less than thirty (30) days’ written notice to the Customer, such notice to be given after the occurrence of any of the events specified in paragraphs (a) and (b) of this Clause 9.4:
(a) if the Customer fails to pay any monies due to Webnix pursuant to the contract and not subject to dispute pursuant to Clause 5 within forty-five (45) days after receiving written notice from Webnix that such payment is overdue; or
(b) if Webnix is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
9.5 Upon termination of the contract pursuant to Clauses 9.1 - 9.4, the client shall make the payments to Webnix.

10. Dispute Resolution
Any dispute arising out of the contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of the customer's country.