Terms and Conditions
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.
1.1 In this Agreement the following words and expressions shall have the following meanings: 1.1.2 “intellectual property rights” means patents, trademarks, 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 registerable 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; 1.2 Product specifications and details may be found at http://www.globalreg.td.uk 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.
2.1 The Customer wishes to provide Telecom Domains Ltd with data that will be hosted on Telecom Domains 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.
3.1 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. 4.3 Telecom 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 does 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 provides a “Money-Back Guarantees” on certain products (Hosting and Web Site Orders). Should your product qualify for this guarantee please fill in the contact us form at http://www.globalreg.ltd.uk/contact within 14 days of placing your order for a refund. However there will be a 20% administration fee for cancellation. (Domain Name(s) Registration(s) and Domain Name(s) Renewal(s) are non-refundable.) (If work has commenced on your website within 14 days cooling off period we will notify yourself of this also confirm that this will then invalidate your 14 day cooling off period as work has commenced.) 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. It is the customer’s responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. (Domain Name Registration(s) and Domain Name Renewal(s) are non-refundable). Customers must notify us at least 72 hours before a service (hosting, email accounts except domain name renewal) 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
5.1 Telecom 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 voidance 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 backup 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. Comply with the Acceptable Use Policy outlined in Clause 8.1
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 does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Telecom Domains 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.
10.1 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, Telecom Domains Ltd shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
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 Telecom Domains 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 its obligations if the delay or failure results from events or circumstances outside its 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 customer’s account will be deleted.
14.1 Telecom Domains Ltd may assign or otherwise transfer this Agreement with one month’s 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.
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.
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 & DOMAIN NAME RENEWALS
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. 20.1.1 Domain name(s) registered to (you) the registrant can be transferred to other providers however there is an admin charge of £50 + VAT per domain name. All domain name(s) registered as from 29th June 2010 are registered and held by Telecom Domains Ltd. These domain name(s) are thereby rented by you the client for the duration of registration. The domain(s) are linked direct to your existing website if required. All domain name(s) held by Telecom Domains Ltd whether owned by us or you the client will come with optional FREE hosting which can be activated at any time during your contract. Any domain name(s) registered to Telecom Domains Ltd cannot be transferred to another provider of your choice due to Telecom Domains Ltd being the legal owner. 20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars. 20.3 Telecom 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. 20.4 Applications to renew all domain names need to be processed on our system 14-16 weeks prior to expiry. If Telecom Domains Ltd hasn’t received your application to renew your domain name(s) 14-16 weeks before expiry, you will then be invited to renew you’re domain name(s) via telephone by your account manager.
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.
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 customer’s 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 its 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 housekeeping 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.
30 GOOGLE PLACES/MAPS
30.1 Google Places/ Maps is a FREE service that Telecom Domains Ltd offer. 30.2 You will normally receive your pin number direct from Google within 10-14 working days. In some cases you may have a maximum wait of 28 working days. This is a service that Telecom Domains Ltd are not in control of. 30.3 Telecom Domains Ltd cannot guarantee your position on Google Places/Maps.