Terms and Conditions
T
& C - Last updated 14th June 2008:
You
indicate acceptance of these terms and conditions of service
by placing an order with Telecom
Domains Ltd. These terms
and conditions will not be varied for individual
customers.
1
DEFINITIONS
1.1 In this Agreement the
following words and expressions shall have the following
meanings:
1.1.2 "intellectual property
rights" means patents, trade marks, design rights,
applications for any of the foregoing, copyright, topography
rights, database rights, rights in know-how, trade or business
names and other similar rights or obligations, whether
registrable or not in any country;
1.1.3 "downtime" means any service
interruption in the availability to visitors of the
Website;
1.1.4 "IP address" stands for
internet protocol address which is the numeric address for the
server;
1.1.5 "ISP" stands for internet
service provider;
1.1.6 "server" means the computer
server equipment operated by Telecom
Domains Ltd in connection with the provision of the
Services;
1.1.7 "the Services" means web
hosting, domain name registration, email and any other
services or facilities provided by Telecom Domains Ltd.
1.1.8 "spam" means sending
unsolicited and/or bulk emails;
1.1.9 "virus" means a computer
programme that copies itself or is copied to other storage
media, including without limitation magnetic tape cassettes,
memory chips, electronic cartridges, optical discs and
magnetic discs, and destroys, alters or corrupts data, causes
damage to the user's files or creates a nuisance or annoyance
to the user and includes without limitation computer programs
commonly referred to as "worms" or "trojan
horses";
1.1.10 "visitor" means a third
party who has accessed the Website;
1.3 Words denoting the singular
shall include the plural and vice versa and words denoting any
gender shall include all genders.
1.4 The headings of the paragraphs
of this Agreement are inserted for convenience of reference
only and are not intended to be part of or to affect the
meaning or interpretation of this Agreement.
2
INTRODUCTION
2.1 The Customer wishes to provide
Telecom Domains Ltd with
data that will be hosted on Telecom
Domain Ltd servers and made accessible via the
Internet.
2.2 Telecom Domains Ltd provides
web hosting services and has agreed to host the Customer's
data upon the following terms and conditions.
3
DUTIES
3.1 Telecom Domains Ltd shall
provide to the Customer the Services specified in their order
subject to the following terms and conditions.
3.2 The Customer shall deliver to
Telecom Domains Ltd the
website and the software used in the website which is owned by
the Customer, or licensed to him by a third party or Telecom Domains Ltd ("the Customer Software), in a
format specified by Telecom Domains
Ltd.
4
CHARGES PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit
cards (including MasterCard and Visa), debit cards (including
Maestro (Switch), Solo, Visa Electron and Visa Delta) and
direct debits
4.2 The Charges are exclusive of
VAT, which if payable shall be paid by the
Customer.
4.3Telecom
Domains Ltd shall be entitled to charge interest in
respect of late payment of any sum due under this Agreement,
which shall accrue from the date when payment becomes due from
day to day until the date of payment at a rate of 8% per annum
above the base rate of the Bank of England from time to time
in force.
4.4 Telecom Domains Ltd do not
provide credit facilities.
4.5 From time to time Telecom Domains Ltd may make
enquiries on the Customers company, proprietor or directors of
the Customers company with credit reference agencies. These
agencies may record that a search has been made and share this
information with other businesses.
4.6 Telecom Domains Ltd provide
"Money-Back Guarantees" on certain products. Should your
product qualify for this guarantee please fill in the contact
us form at http://www.telecomdomains.co.uk/contactus.html within 14 days of placing your order for a refund.
However there will be a 20% administration fee for
cancellation. (Domain Names are non refundable.)
4.7 Pro-rata refunds will not be
issued for yearly services that are cancelled before the end
of the year.
4.8 Should your chosen payment
method fail Telecom Domains
Ltd will attempt to settle your invoice using any
other payment facilities available on your
account.
4.9 All services will renew until cancelled by the customer. Telecom Domains Ltd emails the customers primary email address prior to renewal of services, it is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP
ADDRESSES
5.1Telecom Domains Ltd
shall maintain control and ownership of the IP address that is
assigned to the Customer as part of the Services and reserves
the right in its sole discretion to change or remove any and
all IP addresses.
5.2 Where Telecom Domains Ltd changes or
removes any IP address it shall use its reasonable endeavours
to avoid any disruption to the Customer.
6
SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use
of software owned by or licensed to Telecom Domains Ltd ("Telecom Domains Ltd software") in
order to use the Services, Telecom
Domains Ltd grants to the Customer and its
employees, agents and third party consultants and contractors,
a royalty-free, world-wide, non-transferable, non-exclusive
licence to use Telecom Domains
Ltd Software in object code form only, in
accordance with the terms of this Agreement. For the avoidance
of doubt, this Agreement does not transfer or grant to the
Customer any right, title, interest or intellectual property
rights in Telecom Domains
Ltd Software.
6.2 In relation to Telecom Domains Ltd obligations
under this Agreement in connection with the provision of the
Services, the Customer grants to Telecom Domains Ltd a
royalty-free, world-wide, non-exclusive licence to use the
Customer Software and all text, graphics, logos, photographs,
images, moving images, sound, illustrations and other material
and related documentation featured, displayed or used in or in
relation to the website ("the Content"). For the avoidance of
doubt, this Agreement does not transfer or grant to Telecom Domains Ltd any right,
title, interest or intellectual property rights in the
Customer Software or the Content.
6.3 The Customer undertakes that
he will not himself or through any third party, sell, lease,
license or sub license Telecom Domains
Ltd Software.
6.4 Telecom Domains Ltd may make
such copies of the Customer Content as may be necessary to
perform its obligations under this Agreement, including back
up copies of the Content. Upon termination or expiration of
this Agreement, Telecom Domains
Ltd shall destroy all such copies of the Content
and other materials provided by the Customer as and when
requested by the Customer.
7
SERVICE LEVELS AND DATA BACKUP
7.1 Telecom Domains Ltd shall use
its reasonable endeavours to make the server and the Services
available to the Customer 100% of the time but because the
Services are provided by means of computer and
telecommunications systems, Telecom
Domains Ltd makes no warranties or representations
that the Service will be uninterrupted or error-free and Telecom Domains Ltd shall not, in
any event, be liable for interruptions of Service or downtime
of the server.
7.2 Telecom Domains Ltd carries
out data backups for use by Telecom
Domains Ltd in the event of systems failure. Telecom Domains Ltd do not provide
data restoration facilities for individual customers. Even
though every effort is made to ensure data is backed up
correctly TelecomDomains Ltd accepts no
responsibility for data loss or corruption.
8
ACCEPTABLE USE POLICY
8.1 The website and use of the
Services may be used for lawful purposes only and the Customer
may not submit, publish or display any content that breaches
any law, statute or regulation. In particular the Customer
agrees not to:
8.1.1 use the Services or the
website in any way to send unsolicited commercial email or
"spam", or any similar abuse of the Services;
8.1.2 send email or any type of
electronic message with the intention or result of affecting
the performance of any computer facilities;
8.1.3 publish, post, distribute or
disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information which
infringes any intellectual property rights (for the avoidance
of doubt this includes licensed software distributed as
Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or
otherwise violate the rights (including rights of privacy and
publicity) of others;
8.1.5 engage in illegal or
unlawful activities through the Services or via the
Website;
8.1.6 make available or upload
files to the website or to the Services that the Customer
knows contain a virus, worm, trojan or corrupt data;
or
8.1.7 obtain or attempt to obtain
access, through whatever means, to areas of Telecom Domains Ltd's network or the Services
which are identified as restricted or confidential. This
includes leaving your home directory whilst using SSH access
to servers.
8.1.8 operate or attempt to
operate IRC bots or other permanent server
processes.
8.2 The Customer has full
responsibility for the content of the Website. For the
avoidance of doubt, Telecom Domains
Ltd is not obliged to monitor, and will have no
liability for, the content of any communications transmitted
by virtue of the Services.
8.3 If the Customer fails to
comply with the Acceptable Use Policy outlined in Clause 8.1
Telecom Domains Ltd shall be entitled to
withdraw the Services and terminate the Customer's account
without notice.
9
ALTERATIONS AND UPDATES
All
alterations and updates to the website shall be made by the
Customer using the on-line account management facility, FTP
access or SSH access where available. The Customer will be
issued with a user name and password in order to access the
account. The Customer must take all reasonable steps to
maintain the confidentiality of this user name and password.
If the Customer reasonably believes that this information has
become known to any unauthorised person, the Customer agrees
to immediately inform Telecom Domains
Ltd and the password will be changed.
10
WARRANTIES
10.1 The Customer warrants and
represents to Telecom Domains
Ltd that Telecom Domains
Ltd's use of the Content or the Customer Software
in accordance with this Agreement will not infringe the
intellectual property rights of any third party and that the
Customer has the authority to license the Content and the
Customer Software to Telecom Domains
Ltd as set out in Clause 6.2.
10.2 All conditions, terms,
representations and warranties that are not expressly stated
in this Agreement, whether oral or in writing or whether
imposed by statute or operation of law or otherwise,
including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are
hereby excluded. In particular and without prejudice to that
generality, TelecomDomains Ltd shall not be liable to
the Customer as a result of any viruses introduced or passed
on to the Customer.
11
INDEMNITY
The
Customer agrees to indemnify and hold Telecom Domains Ltd and its
employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other
expenses in relation to any claims or actions brought against
Telecom Domains Ltd arising
out of any breach by the Customer of the terms of this
Agreement or other liabilities arising out of or relating to
the Website.
12
LIMITATION OF LIABILITY
12.1 Nothing in these terms and
conditions shall exclude or limit Telecom Domains Ltd's liability
for death or personal injury resulting from Telecom Domains Ltd's negligence
or that of its employees, agents or
sub-contractors.
12.2 The entire liability of Telecom Domains Ltd to the
Customer in respect of any claim whatsoever or breach of this
Agreement, whether or not arising out of negligence, shall be
limited to the charges paid for the Services under this
Agreement in respect of which the breach has
arisen.
12.3 In no event shall Telecom Domains Ltd be liable to
the Customer for any loss of business, loss of opportunity or
loss of profits or for any other indirect or consequential
loss or damage whatsoever. This shall apply even where such a
loss was reasonably foreseeable or TelecomDomains Ltd had been made aware of
the possibility of the Customer incurring such a
loss.
13 TERM
AND TERMINATION
13.1 This Agreement will become
effective on the date the service is ordered and shall
continue until terminated by either party in writing of its
intention to terminate the Agreement.
13.2 Telecom Domains Ltd shall
have the right to terminate this Agreement with immediate
effect by notice in writing to the Customer if the Customer
fails to make any payment when it becomes due.
13.3 Either party may terminate
this Agreement forthwith by notice in writing to the other
if:
13.3.1 the other party commits a
material breach of this Agreement and, in the case of a breach
capable of being remedied, fails to remedy it within a
reasonable time of being given written notice from the other
party to do so; or
13.3.2 the other party commits a
material breach of this Agreement which cannot be remedied
under any circumstances; or
13.3.3 the other party passes a
resolution for winding up (other than for the purpose of
solvent amalgamation or reconstruction), or a court of
competent jurisdiction makes an order to that effect;
or
13.3.4 the other party ceases to
carry on its business or substantially the whole of its
business; or
13.3.5 the other party is declared
insolvent, or convenes a meeting of or makes or proposes to
make any arrangement or composition with its creditors; or a
liquidator, receiver, administrative receiver, manager,
trustee or similar officer is appointed over any of its
assets.
13.4 Any rights to terminate this
Agreement shall be without prejudice to any other accrued
rights and liabilities of the parties arising in any way out
of this Agreement as at the date of termination.
13.5 On termination all data held
in the customers account will be deleted.
14
ASSIGNMENT
14.1 Telecom Domains Ltd may assign or otherwise transfer this Agreement with one months notice also you will be given the option to terminate the agreement.
14.2 The Customer may not assign
or otherwise transfer this Agreement or any part of it without
Telecom Domains Ltd's prior
written consent.
15 FORCE
MAJEURE
Neither
party shall be liable for any delay or failure to perform any
of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but
not limited to acts of God, strikes, lock outs, accidents,
war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or
administration or other competent authority, the act or
omission of any Internet Service Provider, or the delay or
failure in manufacture, production, or supply by third parties
of equipment or services, and the party shall be entitled to a
reasonable extension of its obligations after notifying the
other party of the nature and extent of such
events.
16
SEVERANCE
If any
provision of this Agreement is held invalid, illegal or
unenforceable for any reason by any Court of competent
jurisdiction such provision shall be severed and the remainder
of the provisions hereof shall continue in full force and
effect as if this Agreement had been agreed with the invalid
illegal or unenforceable provision eliminated.
17
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 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 2 days following the
date of posting.
18
ENTIRE AGREEMENT
This
Agreement contains the entire Agreement between the parties
relating to the subject matter and supersedes any previous
agreements, arrangements, undertakings or proposals, oral or
written. This Agreement may be updated without
notice.
19
GOVERNING LAW AND JURISDICTION
This
Agreement shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the
exclusive jurisdiction of the English courts.
20
DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed
to be successfully registered until they appear in the
relevant whois database of the top level domain name
registrar. In the event that a domain name is unavailable when
we attempt to register it Telecom
Domains Ltd will provide a full refund for that
domain name, this will be the full limit of our
liability.
20.2 Please return to the main
terms and conditions area of this website to view terms and
conditions for individual domain name registrars.
20.3Telecom
Domains Ltd will make reasonable endeavours to
renew domains where the renewal fee has been paid. In the
event that we are unable to renew a domain name and that
domain name is subsequently lost, the limit of our liability
shall be the renewal fee for that domain name.
21
SCRIPTING
Telecom Domains Ltd are not
responsible for customer programming issues other than
ensuring that programming languages such as Perl, PHP and ASP
are installed and functioning on the web hosting
system.
22
PRIVACY
To protect
your privacy we will not distribute your details to third
parties, unless required to do so by law.
23 DATA
TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will then be billed £3.oo per GB.
23.2 Web hosting accounts that
host file distribution (including but not limited to music,
video and software) are limited to a maximum data transfer of
25 GB per month for file distribution.
23.3 Web hosting accounts are
prohibited from hosting adult content orientated websites,
hosting banners, graphics or cgi scripts for other websites,
storing pages, files or data as a repository for other
websites or personal computers, giving away web space under a
domain, sub domain or directory.
24
SERVER USAGE
Should your
account use more than 5% of the servers processing power and
as a result have a detrimental effect on other customers we
will discuss with you alternative solutions for your hosting
requirements.
25
AFFILIATE PROGRAMME
Commission
earned via the affiliate programme will only be paid by using
a valid direct debit/credit mandate on your account. It is the
customers responsibility to ensure they have this facility. In
the event of the customer not being able to obtain this
facility then no commission will be paid.
26 EMAIL
NEWSLETTER
Telecom Domains Ltd communicates
with it's customers via email and as such you agree to receive
by email our regular newsletter which contains amongst other
things changes to our terms and conditions, notification of
major outages, updates to our products & features and
special offers.
27
WEBSPACE USAGE
Unlimited
web space is available for genuine web site content, content
must be linked into web pages. Customers are prohibited from
using the server as a file/backup repository. Customers are
expected to employ good house keeping when maintaining their
account.
28 MAIL
BOXES
Mail boxes
not accessed for 100 days or more will be deleted from the
system.
29
DEACTIVATED ACCOUNTS
When a web
hosting account is deactivated, you agree that after 50 days
this account may be deleted from the system without
notice.
