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Terms And Conditions
OUR TERMS OF CONTRACT
On acceptance of an invoice from us and payment
of same you agree to the following terms and conditions.
Domain Name Registration Terms
1. We do not warrant or guarantee that the domain name applied for
will be registered in your name or is capable of being registered
by you. Accordingly, you should take no action in respect of your
requested domain name(s) until you have been notified that your
requested domain name has been registered.
2. Both the registration of the domain name and its ongoing use
are subject to the relevant naming authority's terms and conditions
of use. You irrevocably waive any claims you may have against us
in respect of the decision of a naming authority to refuse to register
a domain name and, without limitation agree that the administration
charge paid by you to us shall be non-refundable in any event.
3. We accept no responsibility in respect of the use of a domain
name by you and any dispute between you and any other individual
or organisation regarding a domain name must be resolved between
the parties concerned and we will take no part in any such dispute.
We reserve the right, on our becoming aware of such a dispute, at
our sole discretion and without giving any reason, to either suspend
or cancel the domain name, and/or to make appropriate representations
to the relevant naming authority.
4. We specifically exclude any warranty as to the accuracy or quality
of information received by any person via the Server and in no event
will we be liable for any loss or damage to any data stored on the
Server. You warrant to us that you will only use your assigned Web
Site for lawful purposes.
5. We will take all reasonable steps to ensure accurate and prompt
routing of messages but we will not accept any liability for non-receipt
or misrouting or any other failure of email.
You warrant, undertake and agree that:
a. any transactions within your web site which are contracts for
the sale of goods or services will be between you as the merchant
and your end-user customer and you agree that we may include an
exclusion of our liability in respect of such purchases and transactions
in such form as we deem appropriate;
b. the information contained within your web site will comply with
all applicable law, and codes of practice governing the use of web
sites and related services, including, without limitation, those
laws and/or codes of practice governing distance selling and data
protection from time to time in force;
Whilst we shall use reasonable endeavours to ensure the integrity
and security of the Server, we do not guarantee that the Server
will be free from unauthorised users or hackers.
Indemnity
You agree to indemnify and keep indemnified and hold us harmless
from and against any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the
Server, and in respect of all losses, costs, actions, proceedings,
claims, damages, expenses (including reasonable legal costs and
expenses), or liabilities, whatsoever suffered and howsoever incurred
by us in consequence of your breach or non-observance of these terms.
You agree to indemnify and keep indemnified and hold us harmless
from and against any claim brought against us by a third party,
for copyright or licence agreement breeches with regard to all information
displayed on your website. It is your responsibility to check all
information on your site to guarantee that it does not breech the
above.
Termination
We may terminate this agreement forthwith if you fail to pay any
sums due to us as they fall due.
On termination of this agreement we shall be entitled immediately
to block your Web Site and to remove all data located on it. We
will hold such data for a period of 14 days and allow you to collect
it, at your expense, failing which we shall be entitled to delete
all such data. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site as we think
fit.
Payment
1. All charges payable by you to us for the Services shall be in
accordance with the relevant scale of charges and rates published
from time to time by us on our web site and shall be due and payable
within fifteen (14 ) days of receipt of our invoice therefore.
2. The provision by us of the Services is contingent upon our having
received payment in full from you in respect of the relevant Services.
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 reserve
the right, forthwith and at our sole discretion, to suspend the
provision of Services to you.
Exclusion and Limitation of Liability
1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY
EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN.
EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT,
WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE,
WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL
TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS
WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE.
2. 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 and provided that you notify us of any
such claim within one year of it arising.
3. 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.
Change of Ownership
Our contracts are with the company and person/s owning the business
at the time of contracting our services, this contract becomes null
and void if the business is sold, and a new contract will be negotiated
with new owners.
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