TERMS
AND CONDITIONS
"We"
includes Webdesigna Ltd and it's authorised representatives, "You"
includes the person purchasing the services or any party acting
on the customer's instructions. "The Registrant" includes
the person applying for a domain name or any party acting on the
Registrant's instructions. "The Registry" the relevant
domain names Registry. In consideration of the mutual covenants
herein, the parties agree to the following, which shall apply
during the term of this agreement:
1.
Definitions
"Services" means domain name registration, web site
hosting, email and any other service or facility provided by us
to you. "Server" means the computer server equipment
operated by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by
us to you for use by you as a site on the Internet.
2.
Domain Name Registration
2.1 We make no representation that the domain name you wish to
register is capable of being registered by or for you or that
it will be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have been
notified that it has or they have been registered. Any action
taken by you before such notification is at your risk.
2.2 The registration and use of your domain name is subject to
the terms and conditions of use applied by the relevant naming
authority; you shall ensure that you are aware of those terms
and conditions and that you comply with them. You shall have no
right to bring any claim against us in respect of refusal to register
a domain name. Any administration charge paid by you to us shall
be non-refundable notwithstanding refusal by the naming authority
to register your desired name.
2.3 We shall have no liability in respect of the use by you of
any domain name; any dispute between you and any other person
must be resolved between the parties concerned in such dispute.
If any such dispute arises, we shall be entitled, at our discretion
and without giving any reason, to withhold, suspend or cancel
the domain name. We shall also be entitled to make representations
to the relevant naming authority but will not be obliged to take
part in any such dispute.
2.4 We shall not release any domain to another provider unless
full payment for that domain has been received by us.
3.
Service Availability
3.1 We shall use our reasonable endeavours to make available to
you at all times the Servers and the Services but we shall not,
in any event, be liable for interruptions of Service or down-time
of the Server.
3.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 2 days you will be notified
of the reason.
4. Payment
4.1 If any cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of
£25.
4.2 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates agreed in advance of our service
provision.
4.3 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due
date, we shall be entitled forthwith to suspend the provision
of Services to you.
4.4 Refunds will be given at the discretion of the Company Management.
5.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual
property rights through the Services, including without limitation,
clearance and/or consents in respect of your proposed domain name.
6.
Indemnity
You agree to indemnify us and employees and directors against
any action arising from the registration or use of domain names.
7.
Termination
Without in any way limiting our rights under subclause 4.3
7.1 if you fail to pay any sums due to us as they fall due, we
may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
7.2 if you break any of these terms and conditions and you fail
to correct the breach within thirty (30) days following written
notice from us specifying the breach, we may terminate this Agreement
forthwith upon written notice.
7.3 if you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to terminate this Agreement forthwith without
notice to you.
7.4 on termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to
remove all data located on it. We shall be entitled to delete
all such data but we may, at our discretion, hold such data for
such period as we may decide to allow you to collect it at your
expense, subject to payment in full of any amounts withstanding
and payable to us. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site as we think
fit.
8.
Limitation Of Liability
LIMITATION OF LIABILITY You agree that we shall, under no circumstances,
be liable for any damages resulting from loss of profits, arising
out of or in connection with this Agreement. In particular we
will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by
your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification
of data;
(f) events beyond our reasonable control;
(g) processing of an application for domain name registration;
or
(h) application of the Dispute Policy
We shall not, under any circumstances, be liable or responsible
for any errors, omissions or other actions by the registry administrator
arising out of or related to your application, receipt of, or
failure to receive a domain name registration. Our maximum aggregate
liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain
name; and
(b) £25.00 (UK Pounds)
9.
Notices
Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the
other party as appearing in this Agreement or ancillary application
forms or such other address as such party may from time to time
have communicated to the other in writing, and if sent by email
shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served
on receipt of an error free transmission report, or if sent by
recorded delivery shall be deemed to be served two days following
the date of posting.
10.
Cancellations
The Client shall be permitted to cancel an order of Services without
reason within 7 days of the date of the order. The Company shall
refund all sums paid made by the Client in full within 30 days
of the notice of cancellation. The Client accepts that Domain
Name Registrations and Pre-registrations supplied by the Company
within 7 days of the date of order shall not be subject to the
7 day cancellation period.
11.
Complaints
Complaint handling is intended to be fair, confidential and effective.
If you have a complaint about our service, simply call us on 44
(0)1423 797002 or email cs@webdesigna.net and we will respond
within 5 working days. We will always keep you informed of any
issues with your website - this is one of the ways in which we
improve our service.
12.
Law
This Agreement shall be governed by and construed in accordance
with English law and you hereby submit to the non-exclusive jurisdiction
of the English courts.
13.
Headings
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
14.
Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between
us in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
This does
not affect your statutory rights as a consumer.
