These terms of business apply to
single site shared hosting plans provided by 301 Design Ltd.
Where the context admits:
"We" & "Us" includes 301 Design Limited of: Bourne
House,
The relationship entered into between
you and us is governed by these following terms, which shall apply during, and
where necessary after, the period of the commercial relationship between you
and us.
· Domain Name Registration
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.
The registration and use of your
domain name is subject to the terms and conditions of use applied by the
relevant Registry; you shall ensure that you are aware of those terms and
conditions and that you comply with them.
By registering a
.uk domain name, you enter into a contract of
registration with Nominet
You shall have no right to bring any
claim against us in respect of any refusal to register a domain name by the
relevant registration authority.
Any administration charge paid by you
to us shall be non-refundable notwithstanding refusal by the Registry to
register your desired name.
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 Registry but will not be
obliged to take part in any such dispute.
We shall not release any domain to
another provider unless full payment for that domain has been received by us.
· Web Site Hosting And Email
We make no representation and give no
warranty as to the accuracy or quality of information received by any person
via the Server and we shall have no liability for any loss or damage to any
data stored on the Server.
You represent, undertake and warrant
to us that you will use the Web Site allocated to you only for lawful purposes
and to promptly inform us if this clause or any subclause
of this clause has been breached or you become aware that they may have been
breached. In particular, you represent, warrant and undertake to us.
you will not use the Server
in any manner which infringes any law or regulation or which infringes the
rights of any third party, nor will you authorise or permit any other person to
do so.
you will not upload, post,
link to or transmit:
any material which is
unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic,
blasphemous, profane or otherwise objectionable in any way.
any material containing a
virus or other hostile computer program.
any material which constitutes, or
encourages the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property right or
similar rights of any person which may subsist under the laws of any
jurisdiction.
you will not send bulk email
whether opt-in or otherwise from our network. Nor will you promote a site
hosted on our network using bulk email.
you will not employ programs
which consume excessive system resources, including but not limited to
processor cycles and memory.
We reserve the right to remove any
material which we deem inappropriate from your Web Site without notice to you.
You shall keep secure any
identification, password and other confidential information relating to your
account and shall notify us immediately of any known or suspected unauthorised
use of your account or breach of security, including but not limited to loss,
theft or unauthorised disclosure of your password or other security information.
You shall observe the procedures
which we may from time to time prescribe and shall make no use of the Server
which is detrimental to our other customers.
You shall procure that all mail is
sent in accordance with applicable legislation (including data protection
legislation) and in a secure manner.
In the case of an individual User,
you warrant that you are at least 18 years of age and if the User is a company,
you warrant that the Services will not be used by anyone under the age of 18
years.
While we will use every reasonable
endeavour to ensure the integrity and security of the Server, we do not
guarantee that the Server will be free from unauthorised users or hackers and
we shall be under no liability for non-receipt or misrouting of email or for
any other failure of email.
· Service Availability
We shall use our reasonable
endeavours to make available to you at all times the Server and the Services
but we shall not, in any event, be liable for interruptions of Service or
down-time of the Server.
· Payment
All charges payable by you for the
Services shall be in accordance with our estimate of costs as presented to each
individual client.
All payments must be in UK Pounds
Sterling.
If your cheque is returned by the
bank as unpaid for any reason, you will be liable for a "returned
cheque" charge of £25.
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 but not obliged forthwith to suspend the
provision of Services to you.
· Termination And Refunds
We shall be entitled to suspend the
Services and/or terminate this Agreement forthwith without notice to you If
you:
fail to pay any sums due to us
as they fall due.
break any of these terms and
conditions.
are a company and you go into
liquidation or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors.
No refunds will be made under any
circumstances for Services suspended in accordance with above.
We reserve the right to suspend the
Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the
remaining period of prepayment.
You may cancel the Services at any
time. To do so you must request cancellation of the Services in writing.
Domain name registration fees,
charges for additional data transfer and charges for optional extras added to
your account are not refundable under any circumstances.
Where payment has been made by credit
or debit card, any refund will only be issued to the same credit or debit card.
On termination of this Agreement or
suspension of the Services we shall be entitled immediately to stop access to
your Web Site and to remove all data located on the Server.
· Indemnity
You shall indemnify us and keep us
indemnified and hold us harmless from and against any breach by you of these
terms of business and any claim brought against us by a third party resulting
from the provision of Services by us to You and your use of the Services and
the Server including, without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable legal costs
and expenses), howsoever suffered or incurred by us in consequences of your
breach or non-observance of any of the terms of this Agreement.
· Limitation Of Liability
All conditions, terms,
representations and warranties relating to the Services supplied under this
Agreement, whether imposed by statute or operation of law or otherwise, that
are not expressly stated in these terms and conditions including, without
limitation, the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded to o the extent applicable under UK law,
subject always to sub clause below.
Nothing in these terms and conditions
shall exclude our liability for death or personal injury resulting from our
negligence.
Our total aggregate liability to you
for any claim in contract, tort, negligence or otherwise arising out of or in
connection with the provision of the Services shall be limited to the charges
paid by you in respect of the Services which are the subject of any such claim.
In any event no claim shall be
brought unless you have notified us of the claim within one month of it
arising.
In no event shall we be liable to you
for any loss of business, contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss whatsoever.
· 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.
· Non-Waiver
Any forbearance or failure by us to
enforce a contractual provision to which you are subject shall not affect our
right to require such performance at any subsequent time, nor shall the waiver
or forbearance by us of any breach of any provisions of the agreement herein be
taken to be or held to be a waiver of the provision or provisions itself of
themselves.
· Law
This Agreement shall be governed by
and construed in accordance with English law and you hereby submit to the
exclusive jurisdiction of the English courts.
· 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 confirm that 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.