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Boldavon Interweb Limited Terms & Conditions as at 1st June 2007
These terms and conditions have been designed to cover any eventuality and are to protect your right to expect a good service from us. They are of necessity somewhat lengthy and longwinded, but ensure that we are able to continue to trade in accordance with most people’s expectations of the law and the law itself, it also enables us to trade in a complex and fast moving profession. Boldavon Interweb Limited reserve the right to suspend or cancel a customers’ access to any or all services supplied when an account has been inappropriately used. Furthermore we reserve the right to change our terms and conditions when necessary due to the continual evolving nature of our business. So that you are aware of any changes we date our terms as above. If you receive regular notification updates you will find the conditions of their receipt by you under the Privacy heading 3.34.1
By accepting our services you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by the user when ordering the services.
This Agreement is made between us and you as defined in (1) below. The date of this Agreement is the date you order our services.
General Terms and conditions applicable to all services follow:
1. DEFINITIONS:
In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Boldavon Interweb Limited. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorisation), this agreement covers any such service or actions.
2. ACCURATE INFORMATION:
As consideration for the service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. In particular you agree that if you fail to notify us in writing by Royal-Mail recorded-delivery post (Or any national equivalent) of any change of address within four weeks of that change of address then we have the right to terminate your contract with forthwith without notice to you. Our address for such notifications of change is 2 High Street Rye , East Sussex , TN31 7JE, United Kingdom .
3. FEES AND PAYMENT, TERM, RENEWAL AND TERMINATION:
3.1 As consideration for the Service(s), you agree to pay the applicable Service(s) fees as agreed between us. All fees are due immediately and are non-refundable. Each domain name registration is for an initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive periods, as set forth during the renewal process. Where a domain name is given free with another service, e.g. web hosting, the domain is free of charge for the initial registration period only. Subsequent renewals will be charged at the prevailing rate for your particular URL.
3.2 All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, or if your charge card declines you will be liable for an administration charge of £25;
3.3 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;
3.4 You agree to pay all value added taxes related to the Service(s) provided to you hereunder. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
3.5 In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid within 14 days of the due date may be suspended, cancelled or terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry. After 21 days of the payment due date, we reserve the right to cancel the service. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then current reinstatement fee.
3.6 ALL FEES ARE NON-REFUNDABLE IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
3.7 You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
3.8 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 forthwith to suspend the provision of Services to you;
3.9 Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
COPYWRITE
3.91 Design copywrite exists on all work/websites commissioned from us and this remains with us until such time as we agree to release our intellectual rights for the design, composition and/or photographic content of any work produced, supplied, commissioned, sampled or offered by Boldavon Interweb Limited. Sale of any copywrited text, logotype or image will only be acknowledged upon issue of a sales invoice from us specifically releasing said copywrite for a transfer fee determined by us. The provision of any such work without sale of copywrite, entitles you the user to full use of material on a licensed basis only. Cessation of use through Boldavon Interweb Limited of such material automatically prohibits the further use of such images, copy, text or creative ideas as the effective license will then be deemed to have expired.
TERM OF SERVICE
3.10 Unless otherwise specified, each service is for an annual term, and unless otherwise specified at time of commencement of service, all services will incur an annual fee. Services will not renew automatically. It is your responsibility to renew or cancel services that you no longer require at the appropriate time. Appropriate notices will be provided.
RENEWAL
3.11 Any renewal of your Services with us is subject to our terms and conditions appertaining at that date, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least sixty (60) days in advance of the renewal date. In the case of domain name registrations, we will attempt to send this reminder by email to the administrative contact on file for the domain name registration. Additional payment terms apply to certain services, as set forth in this Agreement.
3.12 You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.13 Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address or postal address provided by you for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from us; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through us shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by us, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this agreement or any additional rules or policies that are or may be published by us from time to time you are entitled to terminate your agreement at its expiry.
TERMINATION
3.14 We shall have the right to terminate this Agreement by notice in writing to the Customer if any of the following events occur
3.15 Customer fails to make any payment when it becomes due to Boldavon Interweb Limited.
3.16 Customer is in beach of any of its obligations under this Agreement
3.17 A receiver or liquidator is appointed over the Customer or any of its assets
3.18 Customer enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
3.19 If the Client terminates this Agreement during the contract period other than because Boldavon Interweb Limited has increased its Charges or materially changed the terms of this Agreement to the Client's detriment, the Client must pay us the applicable Charges for the remainder of the contract period.
3.20 Either party may terminate this agreement or the Service provided under it forthwith by notice to the other if:
3.21 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
3.21.1 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
3.21.2 The other fails to pay any Charges when due; or
3.21.3 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
3.21.4 The other party ceases to carry on its business or substantially the whole of its business; or
3.21.5 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, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets; or
3.21.6 If the bandwidth used for traffic to and from the web site is exceeded beyond our considered acceptable use and is deemed by us to affect the performance of other Client Websites. Notwithstanding any other remedies it may have under these terms and conditions or in law.
3.22 If any of the events detailed above occur as a result of our default, we may by giving notice to the Client to disconnect the Service or any part of it without prejudice to our right to terminate this agreement. Where the Service or any part of it is disconnected under this paragraph, the Client must pay the Charges for the Service until this agreement is terminated.
3.23 Any rights to terminate this agreement shall be without prejudice to any other accrued rights.
3.24 On termination of this Agreement for any reason: we shall have the right immediately to remove any apparatus belonging to Boldavon Interweb Limited from the Premises; and all amounts owing for the Service shall be due and payable in full on demand whether or not then due and Client shall have no right to withhold or set off such amounts; and we may delete all e-mail, websites, and other data stored on the service by the client and re-use the e-mail addresses, domain names not held by the client and Web-spaces. We shall not exercise this right for four weeks in the case of termination by us other than for breach by Client; and we shall transfer any domain names held by the Client to another ISP at the prevailing domain name transfer charge.
3.25 Consequences of Termination
3.25.1 . Upon the termination of any agreement for any reason whatsoever: the client shall promptly return to us all copies of Software in his possession belonging to Boldavon Interweb Limited; and we may cease to host the Web Site or any service with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's confidential Information) which it may have in its possession or control.
3.26 Assignment
3.26.1 We may assign or otherwise transfer this agreement at any time. Client may not assign or otherwise transfer this agreement or any part of it without our written consent.
3.27 SUSPENSION, CANCELLATION, TRANFER OR MODIFICATION OF SERVICE(S)
3.27.1 You acknowledge and agree that we may suspend, cancel, transfer or modify your use of the services at any time, for any reason, in our sole discretion and without notice to you. You also acknowledge and agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the services. Without limiting the foregoing, we may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by us, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by us, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use a domain name in connection with unlawful activity.
3.28 INTELLECTUAL PROPERTY RIGHTS:
3.28.1 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name or content on your website;
3.29. INDEMNITY:
3.29.1 You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and legal advisors for any loss, liabilities, damages, costs or expenses, including legal fees, resulting from any third party claim, action, or demand arising out of or related to your use of or connection to the services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular service registered in your name, your use of any domain name registration or other Service; your service content; your breach or violation of any term, condition, representation or warranty of this agreement; or your violation of any rights of others.
3.29.2 You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
3.30 LIMITATION OF LIABILITY:
3.30.1 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;
3.30.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
3.30.3 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.
3.30.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
3.30.5 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.
3.31. FORCE MAJEURE:
3.31.1 Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this agreement and shall have no liability therefore.
3.32. NOTICES:
3.32.1 Any notice to be given by you to us must be sent by recorded delivery to us at the address appearing in this agreement or ancillary application forms or such other address as we may from time to time have communicated to the you in writing; notices sent shall be deemed to be served two days following the date of posting;
3.33. LAW:
3.33.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
3.34. PRIVACY:
3.34.1 Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. It also covers any confidential information sent electronically that you have asked or agreed to be sent to you from us by way of notification of trade matters, newsletters, updates, customers, potential guests, suppliers, or other persons. You agree that this information will not be forwarded on to any third party by any means or disclosed to any unauthorised person. After consideration of any such information sent to you agree to delete this information from your system including any back up storage that you may have. In the event of an email being sent to you by Boldavon Interweb Limited you agree that e-mails sent from us are for the exclusive use of the intended recipient(s). If you receive one in error, you should notify the sender, delete it and destroy all copies. E-mails may contain confidential or privileged information and material protected by intellectual property rights and we reserve the right to take action against anyone who misuses it or the information in it. Internet e-mail is not secure. By communicating with us by e-mail, you accept this security risk and authorise us to communicate with you in the same format.
You also agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement forthwith without notice to you. We will not refund any fees paid by you if you terminate your agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: the purposes for which such third party's personal data has been collected, the intended recipients or categories of recipients of the third party's personal data, which parts of the third party's data are obligatory and which parts, if any, are voluntary; and how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals, nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this agreement. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. (a) Allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
3.35. HEADINGS:
3.35.1 Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
3.36. ENTIRE AGREEMENT:
3.36.1 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 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.
3.37. DISCLAIMER OF WARRANTIES
3.37.1 THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. BOLDAVON INTERWEB LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. THE COMPANY LIMITED FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US, ITS DIRECTORS, EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNISE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
3.38. GENERAL
3.38.1 You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in England , the location of our principal place of business.
3.38.2 Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this agreement, whether by attachment, levy, garnishment or otherwise, renders this agreement void at our option. You agree not to resell any of the services without our prior express written consent unless you have a reseller arrangement.
3.38.3 Nothing contained in this agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this agreement shall not be construed to create any obligation by us to any non-party to this agreement.
3.38.4 The failure of the company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the company as reflected in the original provision.
Boldavon Interweb Limited
2 High Street, Rye
East Sussex TN31 7JE
Registered in England
Company Number 5983608
Registered Office:-
14a Main Street , Cockermouth
Cumbria , CA13 9LQ
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