WIKINAM
Business Directory in Windhoek, Namibia

On this page you will find WIKINAM ICTS Cc General Terms of Services for Email and Marketing. Unless outlined otherwise on a separate Quote, Invoice or Service Level Agreement, this page takes precedence and is legally binding.

1. Introduction

Welcome to WIKINAM Business Directory, property of WIKINAM ICTS Cc. These General Terms of Service ("Terms") govern the provision and use of our email and marketing services ("Services"). By subscribing to or using our Services, you ("Client") agree to these Terms, which are incorporated by reference into all quotations and invoices. By proceeding with payment, or part thereof, you acknowledge that these Terms apply to the Services provided.

2. Scope of Services

WIKINAM offers various marketing services to promote your business, which may include but are not limited to:

• Digital Advertising
• Enhancement of Listings
• Search Engine Optimization
• Analytical Reporting (As of March 2025)
• Email Campaigns (As of March 2025)

Details of the specific Services provided will be outlined in your Quotation, Invoice or Service Agreement.

3. Subscription Term

The subscription term for the Services is as agreed upon in the Quotation, Invoice or Service Agreement ("Term"). Unless otherwise specified, the Term begins on the date the Services commence, or the 1st of the month thereafter.

4. Renewal and Cancellation

4.1 Renewal: Subscriptions will automatically renew 1 month prior to the end of the Term unless either party provides written notice of non-renewal at least one (1) month prior to the expiration of the current Term, so that services such as domain storage space can be renewed and services brought up to the latest standard.

4.2 Cancellation: To cancel a subscription, clients must provide written notice to us at least one (1) month before the expiration of the Term. Failure to provide timely notice will result in the automatic renewal of your subscription.

4.3 Termination for Cause: Either party may terminate the agreement for cause if the other party breaches any material obligation under these Terms and fails to remedy such breach within fourteen (14) days of receiving written notice.

5. Payment Terms

5.1 Fees: Service fees are generally specified in the Quotation, Invoice, or Service Agreement and are typically charged on an annual or monthly basis unless otherwise agreed. All payments must be made in Namibian Dollars (N$) within seven (7) days, or within the timeframe indicated on the invoice.

5.2 Late Payments: Payments made later than the 7th day of the month, or more than seven (7) days after presentation of an invoice, are considered overdue and may accrue interest at a rate of up to 10% per month (charged from the 8th day of each month) of the invoiced amount, or the maximum rate allowed by law, whichever is lower. Once the maximum interest threshold has been reached, the matter may be referred to debt collectors.

6. Client Responsibilities

• Provide accurate and complete information necessary for the performance of the Services.
• Approve marketing materials in a timely manner.
• Comply with applicable laws and regulations related to their business type and the content provided.
• WIKINAM may suspend all marketing services if potential fraudulent activity or actions occur that do not align with WIKINAM's Terms and Conditions or site policy.
• WIKINAM may suspend delivery of services if agreed-upon payments have not been received and special arrangements were not made.

7. Our Responsibilities

• Deliver the Services in a professional and timely manner.
• Maintain confidentiality of your sensitive business information.
• Provide updates on the performance of the Services.
• WIKINAM cannot be held responsible for improper use, abuse, or actions that are beyond our control (e.g., Blacklisting of domains or emails).

8. Intellectual Property

All materials and content created by WIKINAM as part of the Services remain our property unless otherwise agreed in writing. Upon full payment, we grant clients a non-exclusive, non-transferable license to use such materials for the intended purposes.

9. Limitation of Liability

To the maximum extent permitted by law, our total liability to clients for any claim arising out of or in connection with the Services shall not exceed the total fees paid by the client for the Services in the six (6) months preceding the claim. WIKINAM's standard practice is to lengthen the marketing contract period or provision of extra time or services.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your breach of these Terms or misuse of the Services.

Any claims regarding breach of contractual agreements by us must be lodged at least one (1) month prior to the expiry of the contract.

11. Confidentiality

Both parties agree to keep confidential all information disclosed by the other party that is marked as confidential or would reasonably be considered confidential.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the Namibian laws. Any disputes shall be resolved through good-faith negotiations. If such negotiations fail, disputes will be submitted to binding arbitration.

13. Amendments

WIKINAM reserves the right to amend these Terms from time to time (Usually as of 1st of 1 February and/or 1 July). Clients will be notified of significant changes, and continued use of the Services after such notification constitutes acceptance of the revised Terms. In the event invoices are sent late (less than a month prior to expiry), the original charges, terms and conditions of that agreement take priority.

14. Entire Agreement

These Terms, along with the Invoice and Service Agreement (If required), constitute the entire agreement between WIKINAM and clients regarding the Services and supersede all prior agreements or understandings.

15. Contact Information

For questions or notices, please contact us at the provided details on this page or under WIKINAM's Contact Menu.