TERMS OF BUSINESS
The following terms of business apply to any or all of the domain name registration, website hosting, email and Shireglobe Computers Limited (hereinafter referred to as “SCL Internet” or “SCL”) services (together “Services” and individually “Service”) to be provided by us to you from time to time.
DOMAIN NAME REGISTRATION
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.The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. 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. If a domain name passes its renewal date we reserve the right to charge a £25 +VAT administration fee in addition to the relevant renewal charges. If a domain name has passed its expiry date and is prior to cancellation there may be incurred a redemption charge of £80 + VAT.
5. It is the domain name owner’s responsibility to ensure that the contact email address that receives domain name renewal reminders is valid and current.
RESELLER TERMS AND CONDITIONS
1.If you are or become a reseller of our Services you must ensure that you continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these.
2.You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make binding on us.
3.We do not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.
GENERAL TERMS AND CONDITIONS SERVICE AVAILABILITY
1.We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
1.You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
1.You agree to indemnify and keep indemnified and hold us on demand 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 of business.
1.We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
2.We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
3.On termination of the 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.
1.All charges payable by you to us for an SCL service shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site and are exclusive of Value Added Tax which shall be paid by you at the rate and in the manner for the time being prescribed by law and shall be due and payable within fourteen (14) days of receipt of our invoice.
2.The provision by us of the Services is contingent upon our having received payment in full from you in respect of the service. 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 any or all Services provided to you by SCL and in addition to not release to another Service Provider any domain registered to you.
LIMITATION OF LIABILITY
1.We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the service 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.
2.Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
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 service shall be limited to the charges paid by you in respect of the service which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
4.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.
Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms 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 recorded delivery shall be deemed to be served two days following the date of posting.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
These terms and conditions together with any document 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. You confirm that, in agreeing to these terms and conditions, you have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and you agree that you shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this agreement.