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 provides a comprehensive range of marketing services to enhance your business visibility and reach. These services include, but are not limited to:
- Digital Advertising
- WIKINAM Standard & Premium WIKINAM Business Pages with or without domain
- Enhancement of Listings
- Subscriber Managed Photo Gallery with a "gallery" subdomain
- Facebook Page Administration and Marketing, including Boosting
- Search Engine Optimization (SEO)
- Analytical Reporting (As of March 2026)
- Email Campaigns (As of March 2026)
Details of the specific Services provided, including scope, timelines, and deliverables, 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 specified in the Quotation, Invoice, or Service Agreement and are typically charged on a monthly or annual basis unless otherwise agreed. All payments must be made in Namibian Dollars (N$) by the due date indicated on the invoice. Clients are responsible for timely payment to ensure uninterrupted services and avoid additional charges.
5.2 Late Payments: Payments not received by the due date will incur a late fee of N$25 per day, starting from the day following the invoice due date, usually the 2nd of the month. Services may be suspended as early as the 8th and no later than the 15th of the month if payment is not received. Clients must provide proof of payment to prevent additional charges or service interruptions.
5.3 Overdue Accounts: Accounts outstanding for ninety (90) days or more will be referred to debt collection services. Clients will be liable for the total outstanding balance, including all accumulated late fees, legal costs, and any charges imposed by debt collectors. WIKINAM will no longer follow up individually on overdue accounts; prompt payment ensures uninterrupted services and avoids additional fees.
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 where necessary.
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 Namibian law. Any disputes shall be resolved through good-faith negotiations. If negotiations fail, disputes will be submitted to binding arbitration.
13. Amendments
WIKINAM reserves the right to amend these Terms from time to time (usually at the start of January and/or early July). Clients will be notified of significant changes, and continued use of the Services after such notification constitutes acceptance of the revised Terms. Original terms of invoices remain valid if sent late.
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.
For questions or notices, please contact us at the provided details on this page or under WIKINAM's Contact Menu.
