a4u, Internet Service Provider, Internet Access, Leased Line Connection, Routed or dial Up ISDN, Modem Dial up, Front Page 98 & 2000 Support, Domain Registration, Web Site Design
1.
DEFINITIONS AND INTERPRETATION
1.1.
All definitions contained
within these Specific Terms and Conditions have the same meaning
as those set out in the General Terms and Conditions of Supply.
unless specified below, in which case they will have the meaning
specified herein:
1.2.
"Domain Name"
means a name registered,
or to be registered, with a Registry for use as part of your URL;
1.3.
"Domain Name Registration
Services" means the
registration of a Domain Name with a Registry
1.4.
"Domain Name Services"
means the Domain Name Registration Services, the Domain Name
Privacy Services, and the Domain Name Transfer Services or any or
all of them;
1.5.
"Domain Name Transfer Services"
means the transfer of a Domain Name from us to an alternative
third party provider.
1.6.
"Intellectual Property Rights"
means any intellectual
property rights of any nature, including but not limited to any
and all inventions, patents, design rights, database rights,
copyright moral rights, know-how, trade secrets, confidential
information, trademarks, service marks, trade names and goodwill;
and
1.7.
"Registry"
means an organisation responsible for holding and processing all
records for particular Domain Name extensions.
1.8.
These Specific Terms and
Conditions are supplemental to and shall incorporate our General
Terms and Conditions of Supply. Except to the extent they have
been expressly varied by these Specific Terms and Conditions, the
provisions of the General Terms and Conditions shall remain in
full force and effect and these Specific Terms and Conditions
shall be governed by the provisions contained therein.
1.9.
Notwithstanding the
provisions of clause 1.8, in the event of any conflict and/or any
inconsistencies between the provisions of these Specific Terms and
Conditions and the provisions of our General Terms and Conditions
of Supply, the provisions of these Specific Terms and Conditions
shall prevail.
2.
THE DOMAIN NAME SERVICES
2.1.
In accordance with clause
1.8 and 1.9 above, we shall provide the Domain Name Services to you
subject to the terms of these Specific Terms and Conditions and
our General Terms and Conditions of Supply.
2.2.
Notwithstanding the
provisions of clause 2.1 above, the provision of the Domain Name
Service is subject to acceptance by you of the terms and
conditions of each relevant Registry, including but not limited
to, any terms, rules, regulations and policies and any dispute
resolution procedure published by the relevant Registry in
connection with the Domain Name Registration Service and which are
in force from time to time (the "Registry Terms").
2.3.
You agree that you will,
at all times, comply with the Registry Terms and acknowledge that
it is your responsibility to familiarise yourself with the
Registry Terms prior to submitting a Customer Application to us
for the Domain Name Services or any renewal of the Domain Name
Services.
2.4.
In the event of any
conflict and/or inconsistency between the provisions of these
Specific Terms and Conditions and the General Terms and Conditions
of Supply and the provisions of the Registry Terms, the provisions
of the Registry Terms shall prevail, insofar as they relate to the
provision of the Domain Name Services to you.
2.5.
You acknowledge that any
timescales specified by us in relation to the provision of the
Domain Name Services are estimates only and we shall not be liable
for any loss, damage or claim relating to any delay relating to
the provision of the Domain Name Services, howsoever caused.
2.6.
You shall indemnify us
against and any all claims, losses and/or damage suffered by us as
a result of any claim:
2.6.1.
That a Domain Name
infringes the Intellectual Property Rights of any third party;
2.6.2.
That a Domain Name has
been registered in bad faith and/or is being used for any unlawful
purposes; and/or
2.6.3.
In respect of any errors
in any information provided by you regarding the Domain Name
Services.
2.7.
You acknowledge and agree
to provide accurate contact details in respect of the Domain Name
Services, and to keep such details up to date. Failure to keep
your contact details updated may result in you not receiving
important information regarding the Domain Name Services,
including but not limited to, Domain Name renewal notices. You
acknowledge and agree that we cannot accept liability for any
loss, damage or claim arising from your failure to provide
accurate and updated contact details.
3.
DOMAIN NAME REGISTRATION
SERVICES
3.1.
We offer a range of Domain
Name extensions including .co.uk, .org.uk, .me.uk, .ltd.uk,
.plc.uk, .com, .net, .org, .biz, .info and .eu. Please email to
check availability.
3.2.
You acknowledge that for
applications for registrations for .plc.uk and .ltd.uk Domain
Names, your Domain Name must be identical to your company name as
registered with Companies House and that the company must remain
registered at Companies House for the Domain Name to remain
registered. We shall not be liable for any loss, damage or claim
relating to non-registration or revocation of a Domain Name in the
event that you do not continue to meet these requirements.
3.3.
Registrations for the .uk
Domain Name extension are valid for two years. All other Domain
Name extensions are valid for one year. Thereafter, the Domain
Name Registration Services shall automatically renew for further
periods of:
3.3.1.
24 months in respect of
.uk Domain Names; and/or
3.3.2.
24 months in respect of
all other Domain Name extensions unless limited to 12 months by
the Domain controlling authority;
3.4.
In each case a "Renewal
Period", until and unless terminated by you upon giving us
notice to terminate prior to the first anniversary of your Domain
Name Registration or prior to the anniversary of any Renewal
Period in accordance with clause 3.4.
3.5.
We shall send you a
reminder 30 days prior to the renewal of the Domain
Name Registration Services. If you do not wish to renew the Domain
Name Registration Services, you must notify us within 14 days from
the date of the 30 day reminder notice, otherwise the Domain Name
Registration Services will lapse. We will sent one further
reminder 7 days after the service has lapsed.
3.6.
Notwithstanding the
provisions of clause 3.3, the Charges for all Domain Names will be
payable in advance. For the avoidance of doubt, the Charges for
two year.uk Domain Name Registration Services shall be payable in
one instalment at the time of registration of the .uk Domain Name
and every subsequent 2-yearly renewal.
3.7.
You acknowledge that our
acceptance of your Customer Application for Domain Name
Registration Services shall not constitute confirmation from us
that any particular Domain Name is available for registration as
this is controlled by the relevant Registry. You understand that
we cannot take any responsibility for any expenditure you may make
in reliance upon the registration of the Domain Name. We advise
that you do not incur any such expenditure until you receive
confirmation from us that the Domain Name has been registered to
you.
3.8.
Save in the circumstances
set out at clause 3.2 above, in the event that a Domain Name is
not registered and/or the Registry refuses to register a Domain
Name, we will refund the Charges in respect of the Domain Name
Registration Services to you.
3.9.
Our liability in respect
of clause 3.7 shall be limited to the refund of the Charges paid
by you in respect of the Domain Name Registration Services. We
shall not be liable for any loss, damage or claim relating to the
non-registration of the Domain Name or your reliance upon the
registration of the Domain Name howsoever caused.
3.10.
You agree that all Domain
Names will be initially directed to a holding page hosted by us
(the "Holding Page") until you contact us to agree otherwise.
4.
DOMAIN NAME TRANSFER SERVICES
4.1.
In the event that you
request a transfer of a Domain Name from us to a new service
provider, you agree and acknowledge that:
4.1.1.
You may not transfer a
Domain Name to a new service provider within 60 days of
registration of the Domain Name with us;
4.1.2.
The new service provider
must be aware of and be able to approve the transfer;
4.1.3.
Your submission of a
transfer request does not guarantee that the transfer will be
successful; and
4.1.4.
Until such time as the
transfer is complete, you will remain liable for the management of
the Domain Name, including the obligation to pay any applicable
renewal Charges and any other charges which may become due prior
to the transfer date.
4.2.
You acknowledge that, in
addition to the requirements set out at clause 4.1, you must
complete a Domain Name Transfer Away Form (available from us upon
request). Business users must also provide a written request to
use the Domain Name Transfer Services (printed upon their letter
headed paper) in addition to the Domain Name Transfer Away Form. 4.3. The current fee for the Domain Name Transfer Services is available on request.
5.
GENERAL
5.1.
These Specific Terms and
Conditions shall be governed by and construed in accordance with
the laws of England and Wales and you agree to submit to the
exclusive jurisdiction of the courts of England and Wales. |
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