The Acceptable Use Policy on the Web Site hereof, together with these Terms and Conditions Agreement ("Terms") form the contract between Domaination Ltd. ("the Company") and yourself ("the Customer") for the supply by the Company to the Customer of the Services (as hereinafter defined).
This is version 201804 of our Terms and Conditions and is the current version.
In this Terms and Conditions of Business the following words and phrases shall have the following meaning;
"The Company" is Domaination Ltd. of 55 Heritage Court, 15 Warstone Lane, Birmingham, B18 6HP.
"Us" or "We" as described in 1.1.
"The Customer" is the person or company whose name and address is set out in the application form or order/invoice for the supply by the Company to the Customer of the Services (as hereinafter defined).
"Service" or "Services" are the Services specified on your order/invoice, also as described in the Company's literature and website at the date of issue of the afore mentioned order/invoice.
"Subscription Fee" is the periodic fee payable by Customers for which Customers will receive the ongoing Services.
"Law" means the general laws of England and Wales from time to time including (without prejudice to generality of the foregoing) the criminal law, the laws relating to intellectual property and all laws, rules and regulations relating to or touching upon the publication or transmission of material or data in electronic form
"Name" means any name specifically requested by or allocated to you for the provision of the Service and shall include any user name, domain name or mailbox name.
"Intellectual Property Rights" means all copyright and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade marks, service marks, trade names, registered design and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world
"Terms" means these Terms and Conditions of Business which is to form the basis of an agreement between the Us and Customer, together with the Acceptable Use Policies ("AUPs") that we publish from time to time for those components of the Service that the Customer uses.
The Company reserves the right to modify, suspend or discontinue any or all of the Services at its sole discretion, and without prior notice. The Company also reserves the right, on giving prior notice on-screen and/or in writing, to reasonably alter these Terms at any time (without prejudice to the provisions of Clause 7 hereunder).
3. The Services
Upon payment of the fees and acceptance of the application to become a Customer, the Company shall provide, and grant to the Customer a non exclusive, non-assignable and non-transferrable license to use the Services, and in the case of ongoing Services will do so until the Service period expires or is terminated. Acceptance of the Services by the Customer constitutes automatic acceptance of these Terms and the AUPs of all associated Services.
The Services provided and/or amended by the Company, or at the request of the Customer constitute a formal provision of the Service only when acknowledged by the Company in either of the following ways; by post, by facsimile transmission or by e-mail.
We will use our best efforts to provide you with a high quality Service. In order to maintain the quality and safety of the Service for all our users, we reserve the right to;
Temporarily suspend the Service for repairs, maintenance and/or improvement of the Service, but we will give you as much notice as is reasonably practicable before doing so.
Give you instructions from time to time, on how to use the Service.
4. Conditions Of Use
The Customer shall provide Us promptly with all information that We may reasonably require in order to carry out our obligations under this agreement terms.
The Customer is responsible for:
all use of Services accessed through their account and for providing a computer, a modem (including dial up or digital subscriber line connection) and/or all additional communications equipment and a telephone line, if appropriate, capable of and necessary for connecting to, and accessing, the Services;
for complying with any related terms and conditions related to the telecommunications service
all telecommunication charges to access the Service.
in relation to domain names to ensure they comply with the domain renewal procedure detailed on the Company’s website
ensuring that your account is used in accordance with these Terms.
The Customer is required to adhere to the AUPs that We publish from time to time. If the Customer is in breach of them, We have the right, at our sole discretion, to suspend or terminate your account without notice or refund, to make an additional charge for the misuse, or to block access to the relevant component of the Service.
If, while using the Service, the Customer discovers anyone else who is in breach of clause 4.3. above, the Customer should inform us immediately.
The Customer will not use the Service for any illegal or immoral purpose.
Services are provided for the following minimum periods:-
3 months for co-location
3 months for web hosting
3 months for e-mail hosting
12 months for domains
3 months for broadband
The Customer may use the Services to link to other networks world-wide and the Customer agrees to conform to the acceptable use policies and terms and conditions imposed by the operators of those networks and services.
If the communications by a Customer do not conform to these standards to the detriment of the Company or its customers, the Company reserves the right to suspend access of that Customer to the Service until they give a suitable undertaking as to use.
The Services provided by Us have resources that are finite, which the Customer must acknowledge. A reckless or wasteful use of Services provided by the Company can contribute to over-stretching the Service so that the Service provided by the Company to other customers will degrade. Therefore, the Customer accepts that the Company may without prior notice suspend or terminate the Customers access to the Service where the Customer is using the Service in a reckless or wasteful manner (this decision is entirely at the Company's discretion, but will be decided in good faith).
The Customer will keep their User Name/s and Password/s in separate places to ensure their security. The Customer must also keep their Password/s private and confidential and ensure that it/they do not become know to another person other than an employee of the Company. The Customer will notify Us of any change in circumstances in which they believe their Password/s may have been compromised. The Company may from time to time with prior notice change the Customer's Password/s.
The Customer's internal network configuration and hardware remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration or hardware issue are not deemed as an interruption or suspension of the formal provision of the Services.
All static IP addresses are rented only and remain the property of the Company.
If there is a fault with the Service, the Customer should report it as soon as possible by telephoning 0330 330 7755 or e-mailing Us at firstname.lastname@example.org
The Customer is required to keep the contact details that they provide Us with up to date. We may send notices or other information to the Customer at the address they gave Us. We will not pass these details to other companies.
The Customer confirms that they are the owner of, or that they have been authorised by the owner to use, any trade mark or Name requested by allocated to them.
We cannot guarantee that any Name requested by the Customer will be available or approved for use.
If We have reasonable grounds for thinking that the Name the Customer has chosen is in breach of clause 5.1. above, We may ask the Customer to choose a replacement name.
6. Intellectual Property Rights
Material must not be placed on the Service which in the Company’s opinion is determined to be in breach of any Intellectual Property Right’s unless the permission of the owner(s) or person(s) have specifically authorised the use of the material for such purpose. Such authorisation is to be provided to the Company by the holder of the Intellectual Property Right’s. Only the owner(s) or such authorised person(s) may upload such material to the Service.
Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of the owner(s) or authorised person(s). Permission must be specified in the document, on the Service, or must be obtained directly from the Company and the owner(s) or such authorised person(s), if other than the Company. In any copying, redistribution, or publication of such material, any changes to or deletion of author attribution or copyright notice by a Customer are prohibited.
The Intellectual Property Rights in the software for the Company to provide the Services shall remain vested in the Company.
The Customer has subscribed to the Services on either a quarterly or annual basis. We require payment in advance of service, in pounds sterling. The Customer should note that, for quarterly subscription payments, no invoice or receipt will be sent. Annual subscription payments by cheque will be invoiced for at the time of renewal. Each receipt for all yearly subscription renewals will only be sent out at the request of the Customer and with prior agreement from the Company. All products and services are made as a single supply; the Customers account may be suspended or closed if any sum due for a Service is unpaid or is in arrears.
We may charge for estimates to provide the Services for a fee. A copy of the estimate prices are available from our offices.
The Customer must notify Us if they change their credit/debit card, (either type or issue) or if they change their bank account details.
Should the Customer wish to terminate the Services with the Company, it is the Customer's responsibility to terminate their standing order with the bank.
The Company may increase the price payable by the Customer by giving the Customer thirty days notice in writing; by post, e-mail or facsimile transmission.
The Company reserve the right to charge interest at 4% per annum above the base rate of Barclays Bank Plc on all and any unpaid sums until payment in full (including all/any interest due) is received by the Company. Interest shall be accrued day to day.
In the event of default of payment the Company reserves the right to suspend the Service provided to the Customer without refund and charge for the work carried out to the date of default.
The Customer shall pay the price for the Services even if they have not used the Services provided and until they have Terminated their agreement with Us in accordance with these Terms then the Company will still charge the Customer for the Services.
The Customer agrees the use of the Services is at the Customer's sole risk. The Company, its agents, contractors, licensers, employees and information providers providing the Services for the connection from the Customers hardware to the Company do not guarantee that these Services will be uninterrupted or free from error. The Customer accepts that without notice for commercial, technical (see below) or other reasons:
The Service or part thereof may be suspended.
A network or service provider connected to the Service may suspend or terminate its connection to the Service.
The Service may suspend or terminate its connection with another network or service provider, and that any such suspension or termination shall not be in breach of these Terms. The Services are therefore provided without a guarantee of any kind.
The Company may from time to time close down the whole or part of the network for routine repair or maintenance work. The Company shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during the scheduled maintenance periods as published by the Company as appropriate.
The Company may from time to time without notice close down or restrict the whole or part of the Service where necessary for emergency repair, to prevent overload of the network, or to preserve the safety, security or integrity of the Service and traffic conveyed. The Company shall at its sole discretion decide when such action is necessary.
The Customer acknowledges that the Company may exercise editorial control over the content of its servers, but the Company does not have the resources, nor is it capable of checking the full content thereof at all times. The Customer further acknowledges that the Company, its agents, contractors, licensees, employees and information providers providing Services are unable to exercise control over the content of the Internet; and the Company therefore excludes all liability of any kind for defamation and the transmission or reception of material of whatever nature other than information inserted by the Company. The Company specifically excludes any warranty as to the quality, content or accuracy of information received through or as a result of the use of the Services.
The Customer agrees and acknowledges that they are in a better position to foresee and evaluate any potential damage or loss they may suffer in connection with the Services or Software licence (if any) or any other Service provided to them under these Terms; that the Company cannot adequately insure its liability to the Customer; and that the charges payable by the Customer have been calculated on the basis that the Company shall exclude liability as set out in this condition.
These Terms contain express warranties, undertakings and obligations of the Company and any other condition or warranty which might be implied or incorporated within these Terms, by reason of statute or common law or otherwise, is hereby expressly excluded so far as may be permitted by Law. While the Company and its employees will use all reasonable endeavours to provide a prompt continuing Service, it will not be liable for any loss of data resulting from inter alia delays, non-delivery, missed deliveries or Service interruptions caused by events beyond the control of the Company or by any errors or omissions of the Customer.
In no circumstances whatsoever will the Company be liable to the Customer in contract, tort, negligence or otherwise for indirect, incidental, special or consequential damages or any loss of business, contracts, profits or anticipated savings arising out of the use of the Service or inability to use the Service or out of any breach of any warranty.
In accordance with clause 4.11, the Customer's internal network configuration remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration or hardware issue may not be deemed as an interruption or suspension of the formal provision of the Service.
The Customer hereby agrees to indemnify and hold the Company, its agents, contractors, licensers, employees and information providers providing services harmless from any loss suffered by the Company as a result of a breach of the Terms by the Customer and from any claim brought by third parties alleging that use of the Service by the Customer or under their account has infringed any Intellectual Property Right’s or other right of any kind, or any applicable UK or international legislation or regulation. The Customer shall pay all costs, damages, awards, fees (including legal fees) and judgements awarded against the Company arising from such claims, and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
The Company may terminate a Customers account at any time, without prior notice and without affecting any accrued rights or claims of the Company where the Services are misused by the Customer, for non-payment of the Subscription Fee or for breach of these Terms. Subsequently such a person may be refused future account facilities with the Company. The Customer should note that such termination will in no way indemnify the Customer against any criminal proceedings which may be brought by the authorities of the United Kingdom or any international legislatory body, for such misuse.
The Company may, notwithstanding clause 10.1, terminate a Customers account at any time without any reason on repayment of a pro-rata sum for the unfulfilled period of the Subscription Fee paid by the Customer. In the event of the Customer being in breach of any of these Terms or any rules issued by the Company, the Company will be under no obligation to reimburse the Customer under this provision.
The Company reserve the right to suspend provision of Service for the duration of any non payment period. Suspension of Services does not necessarily constitute termination and the Customer may be liable (at the Company's discretion) to pay a reconnection fee to the Company to recommence subscription to the Services
The Customer may terminate their account at any time after the minimum subscription period (as defined in clause 4.6). The Customer will be required to give written notice (which must follow the "Notice" guidelines in clause 16.2). Any refund that is due will be made following the cancellation date of the account and will be made direct to the Customer's credit card account or bank account. If the Customer fails to provide suitable bank or credit card details to allow for a refund to be made, then the Customer will lose the right to obtain the refund.
Should the Customer wish to terminate a Service contract at the end of the minimum period (as defined in 4.6), the Company must be notified at least 14-days prior to the renewal date. If no such notice is forthcoming, the contract will automatically renew for the subsequent period, under these Terms.
The Company shall be entitled to assign this agreement either in whole or in part. The Customer shall not assign, re-sell, transfer or sub-lease the Services or their rights under these terms and conditions. Breach of this restriction in any way, whether successful or not, will result in the Customer's account being terminated.
12. Personal Data
The Company and/or its employees reserves the right to hold the names and other information from the application form relating to Customers in a computerised database for internal use only.
13. Force Majeure
The Company shall not be liable for failure of the Service by circumstances beyond the Company's control. This includes, but is not limited to; acts of God, fire, lightening, explosion, war disorder, flood, industrial disputes, sabotage, extremely severe weather or acts of local or central Government or other competent authorities.
Should any event of Force Majeure continue for more than 90 days than either party shall be entitled to terminate this agreement forthwith.
These Terms constitute the entire agreement between the Parties and supersedes any prior agreement whether written or oral.
These Terms shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales. In the event that this agreement is translated into any other language, the English language version shall prevail.
If any of the provisions or clauses or sub-clauses of this agreement is held not to be valid but would be valid if parts of the wording were deleted or modified, then that term shall apply with such deletion or modification as may be necessary to make it enforceable.
If any part of these terms or the application thereof to any person shall for any reason be adjudged by a court of competent jurisdiction to be invalid such judgement shall not affect the remainder of these terms which shall continue in full force and effect.
Expressions in the singular include the plural and the masculine include the feminine and vice versa.
Failure by the Company to exercise any of its rights thereunder shall not amount to a waiver of any such right, or operate so as to bar the exercise of enforcement at any time or times hereafter.
Any notice to be served by the Company on the Customer shall be deemed to have been duly served if sent by first class post or facsimile transmission to the Customer at his last known address. Any notice served by first class post shall be deemed to have been served 2 days after posting and any notice served by facsimile transmission shall be deemed served 24 hours after sending.
Any notice to be served on the Company should be served by sending said notice by post to the Company's registered address. Any notice served shall only be deemed served once the Customer has received an acknowledgement from the Company. Proof of acknowledgement of receipt of such notice by the Company will only be deemed valid if produced in writing.