TERMS OF
BUSINESS
THE FOLLOWING TERMS OF BUSINESS APPLY
TO ALL SERVICES PROVIDED BY EQWEBS LIMITED T/A EQUESTRIAN WEBSITES TO YOU. BY PURCHASING
SERVICES FROM EQUESTRIAN WEBSITES YOU AGREE TO THESE TERMS OF
BUSINESS.
1. DEFINITIONS
"Agreement" means the agreement
between you and Eqwebs Limited trading as Equestrian Websites, comprising these Terms together
with any orders you may make.
"Fees" means the fee or fees (and
Local Administration Costs) due for the provision of the services as
set out in any order or (if not set out) calculated by reference to
the then standard Eqwebs Limited trading as Equestrian Websites prices.
"ICANN" means the Internet Corporation
for Assigned Names and Numbers.
"Local Administration Costs" means any
registration fees and other costs incurred by Eqwebs Limited trading
as Equestrian Websites on
your behalf for the registration or attempted registration of domain
names including currency conversion costs and bank charges.
"Order" means the order form or letter
signed by you requesting Services.
"Server" means the computer server
equipment operated by Eqwebs Limited trading as Equestrian Websites in connection with the
provision of the Services.
"Service" or "Services" means any and
all services provided by Eqwebs Limited trading as Equestrian Websites under these terms
including, without limitation, domain name registration services;
domain name portfolio management services; domain name searching,
monitoring and recovery services, web site hosting, web, email and
searching and monitoring services and consultancy services and any
other services which may be provided from time to time.
"Standard Price List" means the list(s)
of the standard prices for Eqwebs Limited trading as Equestrian
Websites company products which
are available on request.
"Terms" means these terms and
conditions of business.
"Equestrian Websites" means Eqwebs
Limited t/a Equestrian Websites of 61 Cardiff Road,
Bargoed, Mid-Glam, CF81 8PA, UK and/or any other business of Eqwebs
Limited. which shall supply Services to You.
"Web Site" means the area on the
Server allocated by Equestrian Websites to you for use by you as a
site on the Internet; and
"You" means the person, firm or
company who purchases Services from Equestrian Websites and any of
their or its employees, consultants and authorised agents.
2. APPLICATION OF TERMS
2.1 These Terms apply to any or all
Services to be provided by Equestrian Websites to you from time to
time. These terms are made up of a number of constituent parts,
including the Service-Specific Terms governing Equestrian Websites's
provision of the relevant Service to You, as well as the General Terms
that govern the provision of all such Services.
2.2 These Terms together with any
Order(s) represent the entire agreement relating to the Services and
supersede any arrangements previously agreed between you and
Equestrian Websites. Save in the case of fraudulent misrepresentation
or fraudulent concealment, any representation, warranty or
undertaking, whether oral or written, (including in any previous
correspondence or communication) and any other terms and conditions
sought to be imposed by You by your own order forms or otherwise are
expressly excluded.
2.3 No change to these Terms, or a
subsequent version of these Terms as may be posted on the Equestrian
Websites website from time to time, or any other part of the
Agreement, shall be binding unless made with the prior written consent
of a director of Eqwebs Limited. Unless Equestrian Websites notifies you to the
contrary, no agent of, or person employed by or under contract with
Equestrian Websites, has any authority to alter or vary these Terms or
the Agreement in any way.
2.4 In addition to these Terms, all
domain name registrations are subject to the terms and conditions of
any registrar Equestrian Websites may use to fulfil the Order and the
rules and regulations of the relevant Network Information Center (NIC)
or similar registry administrator. As a condition of the Agreement You
agree to be bound by the rules and regulations and dispute resolution
policies applicable to each domain name applied for on your behalf.
Details of these terms and conditions are available from the relevant
registries such as Nominet for .uk (www.nominet.net)
SERVICE-SPECIFIC TERMS AND
CONDITIONS
3. DOMAIN NAME REGISTRATION
General
3.1 Your use of a domain name, once
registered, may be challenged by a third party; if so, ICANN's Uniform
Domain Name Dispute Resolution Policy (the "UDRP") as amended from
time to time shall apply. to all .com, .net and .org registrations or
renewals. The terms of the UDRP are available at http://www.icann.org/udrp/udrp.htm
3.2 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.
3.3 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 Eqwebs
Limited trading as Equestrian Websites 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 Eqwebs Limited trading as
Equestrian Websites shall be
non-refundable in any event.
3.4 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. You warrant and
undertake that to the best of your knowledge and belief neither the
registration of the domain name nor the manner in which it is directly
or indirectly used by You or and any licensee directly or indirectly
infringes the legal rights of a third party.
3.5 You are solely responsible for
providing Eqwebs Limited trading as Equestrian Websites with accurate and up-to-date contact
information and we shall not accept any responsibility for any
cancellation or refusal to renew a domain name by the relevant naming
authority due to any failure to provide such information. Any changes
made by you to your details using the control panel facility are your
own responsibility. Unless You have subscribed to one of our domain
name portfolio management products in respect of a particular name or
names we are not responsible for the renewals of any domain name
registrations and You should make your own arrangements for reminding
yourself when any name is due for renewal.
3.6 We reserve the right to charge an
administrative fee in respect of any transfers to another web hosting
or domain name registration company in accordance with our Standard
Price List from time to time.
Information you are required
to submit
3.7 As part of the registration
process, you are required to provide certain information and to update
promptly this information as needed to keep it current, complete and
accurate. This information will be used by Eqwebs Limited trading as
Equestrian Websites in
accordance with its Privacy Policy. The information you are obliged to
provide in connection with the domain name you are registering is the
following:
Your name and postal address (or if different, that of the domain
name holder);
The domain name being registered;
The name, postal address, e-mail
address, voice telephone number, and where available, fax number of
the administrative contact for the domain name; and
The name, postal address, e-mail
address, voice telephone number, and where available, fax number of
the billing contact for the domain name.
3.8 You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may
have changed. If you do not wish to provide the new required
information, your registration may not be renewed.
3.9 All other information which we may
request from you at registration is voluntary. However, not providing
this information may prevent you from obtaining all products and
services made available to domain name registrants by Eqwebs Limited
trading as Equestrian Websites, other than registration of the domain name.
3.10 If You intend to license use of a
domain name to third party You are still responsible for providing the
contact information specified above and for providing and updating
accurate technical and administrative contact information. You accept
liability for any wrongful use of the domain name unless you promptly
discuss the identity of the license to any party providing reasonable
evidence of actionable harm.
Additional information
maintained about your registration
3.11 In addition to the information
you provide, as registrar we maintain records relating to your domain
name registration. These records may include:
The original creation date of the
registration;
The submission date and time of the
registration application to Eqwebs Limited trading as Equestrian
Websites and by
Equestrian Websites to the proper registry;
Communications (electronic or paper
form) constituting registration orders, modifications, or
terminations and related correspondence between you and Equestrian
Websites;
Records of account for your domain
name registration, including dates and amounts of all payments and
refunds
The IP addresses of the primary
nameserver and any secondary nameservers for the domain name;
The corresponding names of those
nameservers;
The name, postal address, e-mail
address, voice telephone number, and where available, fax number of
the technical contact for the domain name.
The name, postal address, e-mail
address, voice telephone number, and where available, fax number of
the zone contact for the domain name.
The expiration date of the
registration;
Information regarding all other
activity between you and Equestrian Websites regarding your domain
name registration and related services.
Obligations relating to
provided data
3.12 In the event that, in registering
the domain name, You are providing information about a third party,
You hereby represent that You have (a) provided notice to that third
party of the disclosure and use of that party's information as set
forth in this Agreement, and (b) that You have obtained that third
party's express consent to the disclosure and use of that party's
information as set forth in these terms and conditions.
3.13 You acknowledge that wilfully
providing inaccurate information or wilfully failing to update
information promptly will constitute a material breach of these terms
and conditions and will be sufficient basis for cancellation of your
domain name registration. You further agree that your failure to
respond for over fifteen (15) calendar days to inquiries by Equestrian
Websites concerning the accuracy of contact details associated with
your registration shall constitute a material breach of these terms
and conditions and will be sufficient basis for cancellation of your
domain name registration.
3.14 Equestrian Websites will not
process data about any identified or identifiable natural person that
we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
3.15 Equestrian Websites will take
reasonable precautions to protect the information it obtains from you
from our loss, misuse, unauthorised access or disclosure or use, or
alteration or destruction, or that information. Equestrian Websites
will have no liability to you or any third party to the extent such
reasonable precautions are taken.
Disclosure and use of
registration information
3.16 You agree and acknowledge that
Equestrian Websites will make available domain name registration
information You provide or that we otherwise maintain to ICANN, to the
registry administrator(s), and to other third parties as ICANN and
applicable laws may require or permit. You further agree and
acknowledge that Equestrian Websites may make publicly available, or
directly available to third party vendors, some, or all, of the domain
name registration information You provide, for purposes of inspection
or for targeted marketing and other purposes as required or permitted
by ICANN and applicable laws.
3.17 Additionally, You acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to the amount and
type of information that Equestrian Websites may or must make
available to the public or to private entities, and the manner in
which such information is made available.
3.18 You hereby consent to any and all
such disclosures and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by You in connection
with the registration of a domain name (including any updates to such
information), whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all claims and
causes of action you may have arising from such disclosure or use of
your domain name registration information by Equestrian Websites.
3.19 Certain Equestrian Websites users
have access to Equestrian Websites's control panel. If you are one of
those users, you may use the control panel utility to modify the zone
file, DNS, IP, MX Records and SOA WHOIS, and contact information for
any .com, .net, or .org domain name registered through or administered
by Equestrian Websites or registered by a Equestrian Websites
reseller. Users without such access should contact the Equestrian
Websites's customer services department to effect any alterations.
Ownership of data
3.20 You agree and acknowledge that
Equestrian Websites owns all database, compilation, collective and
similar rights, title and interests worldwide in our domain name
database, and all information and derivative works generated from the
domain name database. You further agree and acknowledge that we own
the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address,
e-mail address, voice telephone number, and where available fax number
of the technical contact, administrative contact, zone contact and
billing contact for the domain name registration, (d) any remarks
concerning the registered domain name that appear or should appear in
the WHOIS or similar database, and (e) any other information we
generate or obtain in connection with the provision of domain name
registration services, other than the domain name being registered,
the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers.
Domain Registrar Transfers
3.21 You agree that you can change
registrar for an existing domain name only in accordance with the
policy of the relevant registry. You agree you may not change
registrar for a period of sixty (60) days after initial registration
of the domain name with Equestrian Websites. Only the "Authoritative
Holder" (the entity listed as the registrant in the current domain
name registration) of the domain name registration may initiate a
request to transfer that domain name registration from another
registrar to Equestrian Websites. You hereby represent that you have
the full and complete authority as the holder of the domain name
registration to initiate such a transfer, or that you have been given
full and complete authority by the Authoritative Holder of the domain
name registration to initiate such a transfer. Equestrian Websites, at
its sole discretion, may require you to provide documentation that
proves that the Authoritative Holder of the domain name initiated this
transfer request. The request to transfer a domain name registration
from another registrar to Equestrian Websites may be denied: (a)
during the first sixty (60) days after initial registration of the
domain name with the original registrar; (b) in accordance with
circumstances described in the Domain Name Dispute Policy; (c) if
there is a pending bankruptcy of the domain name holder; (d) where
there is a dispute over the identity of the domain name holder; (e) by
operation of law; or (f) at the discretion of the then-current
registrar. It is the responsibility of the Authoritative Holder to
ensure that the request to transfer will not be denied for any of the
above reasons prior to initiating and paying for the registrar
transfer services. Fees are not refundable, but can be applied to
subsequent transfer requests at Equestrian Websites's sole discretion.
Upon successful completion of the
registrar transfer request, Equestrian Websites shall immediately
become the registrar of record. You will be required to extend your
existing registration term for one (1) year from the date your
existing registration is set to expire, provided that the total
unexpired term of a registration does not exceed ten (10) years.
4. WEB SITE HOSTING/EMAIL/ONLINE STORE SYSTEMS
4.1 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 are responsible for
maintaining insurance cover in respect of any loss or damage to data
stored on the Server.
4.2 You warrant to Equestrian Websites
that you will only use your assigned Web Site for lawful purposes. In
particular, you further warrant and undertake to Equestrian Websites
that:
(a) You will not, nor will You
authorise or permit any other party to, use the Server in violation
of any law or regulation;
(b) You will not knowingly or
recklessly post, link to or transmit:
(i) any material that is unlawful,
threatening, abusive, harmful, malicious, libellous, defamatory,
obscene, pornographic, profane or otherwise objectionable in any
way; or
(ii) any material containing a
virus or other hostile computer program;
(iii) any material that shall
constitute or encourage a criminal offence, give rise to civil
liability or that violates or infringes any trade mark, copyright,
other intellectual property rights or similar rights of any
person, firm or company under the laws of any jurisdiction; and
(c) You will conform to the
standards and acceptable use policies of Equestrian Websites from
time to time and will not yourself, and will ensure that none of
your end users, make excessive or wasteful use of the Server to our
detriment or that of our other customers.
4.3 Equestrian Websites may suspend
the Service immediately in its sole discretion if we receive any
complaint that material on the Server may be unlawful, harmful or
defamatory or if we believe our standards or acceptable use policy has
been breached
4.4 We may disclose your name and
address to a complaining individual or naming authority if in our
reasonable discretion, it is necessary or appropriate to do so.
4.5 You are responsible for sending
mail in accordance with any relevant legislation (including data
protection legislation) and for sending the same in a secure manner.
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.
4.6 Hosting services are provided on
the basis of an initial term of 12 months which, subject always to
your right to cancel the services on payment of any outstanding
charges and a cancellation fee equivalent to 90 days' services, will
automatically continue for additional 12 month periods thereafter
unless and until terminated in writing on 90 days' notice.
4.7 You warrant, undertake and agree
that:
(a) all transactions within any
online store system operated by you will be contracts for the sale
of goods 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
any online store system complies with all applicable law, including,
without limitation, any distance selling regulations and data
protection regulations from time to time in force.
(c) You will keep secure any
identification, password and other confidential information relating
to your account and You will notify Equestrian Websites immediately
of any known or suspected unauthorised use of your account, or any
known or suspected breach of security, including loss, theft or
unauthorised disclosure of your password information.
4.8 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.
5. CO-LOCATION, SHARED AND
DEDICATED SERVER HOSTING
5.1 Co-location and dedicated hosting
services are provided on the basis of an initial term of 12 months,
except for services defined in 5.2, which, subject always to your
right to cancel the services on payment of any outstanding charges and
a cancellation fee equivalent to 90 days' services, will automatically
continue for additional 12 month periods thereafter unless and until
terminated in writing on 90 days' notice.
5.2 The rental of Cobalt RAQ dedicated
hosting services are provided on the basis of an initial term of 24
months which, subject always to your right to cancel the services on
payment of any outstanding charges and a cancellation fee equivalent
to the remainder of the services, will automatically continue for
additional 12 month periods thereafter unless and until terminated in
writing on 90 days' notice.
5.3 Unless otherwise agreed Equestrian
Websites will invoice you or take payment under our credit card or
debit card arrangement in advance either monthly or quarterly such
payment periods to be agreed prior to the commencement of the term of
the rental. The first invoice will cover the set-up, one months
bandwidth, machines rental or purchase (if any) and any additional
rack space charges purchased served must be fully paid for before
service will commence. Subsequent monthly invoices will include
charges at the rates set out in the Standard Price list for excess
bandwidth used above the agreed bandwidth.
5.4 Equestrian Websites's Service
Level Agreements set out the hosting performance you can expect and
your right to credits in the event of non-performance.
6. RESELLER TERMS AND
CONDITIONS
6.1 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.
6.2 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 any contract binding on Equestrian Websites.
6.3 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.
6.4 As a reseller you shall hold
Equestrian Websites and shall procure that your customers to hold
Equestrian Websites harmless in respect of any act or omission by you
or your customers and to indemnify Equestrian Websites in respect of
any claims that may be made directly against Equestrian Websites.
GENERAL TERMS AND CONDITIONS
7. Orders
7.1 Each Order for Services by You
shall be deemed to be an offer by you to buy the Services from
Equestrian Websites subject to these Terms. No Order shall be deemed
to be accepted by Equestrian Websites until Equestrian Websites issues
a written acknowledgement or (if earlier) the Services are provided.
7.2 Equestrian Websites shall be under
no obligation to deliver any Services in addition to those identified
in the Order without the prior written consent of a duly authorised
representative of Equestrian Websites.
7.3 You shall provide to Equestrian
Websites, at your cost, any information, resources or facilities
reasonably requested by Equestrian Websites for the delivery of the
Services and, where necessary, ensure that your employees, contractors
and other suppliers co-operate fully and promptly with Equestrian
Websites.
7.4 Any instructions supplied by you
to Equestrian Websites in relation to the Services must be complete,
accurate and clearly legible. Equestrian Websites reserves the right
to make a charge for any costs and any additional work incurred by
Equestrian Websites from any failure by you to comply with this
provision and shall not be liable for any errors caused by such
failure.
7.5 No purported cancellation of any
Order or part of an Order will be effective unless and until
Equestrian Websites gives written acknowledgement of cancellation.
Equestrian Websites may, as a condition of such acknowledgement, or
otherwise on early termination in accordance with clause 14, impose
such reasonable charge for cancellation as it shall consider
appropriate including a charge for any costs (including Local
Administration Costs) and for any work incurred by Equestrian Websites
at the date cancellation is acknowledged.
7.6 You acknowledge and agree that our
services commence upon the sending of our notice of confirmation,
pursuant to clause 7.1 above, and that there is no right to cancel the
contract between us under the Council Directive 97/7/EC on the
protection of consumers in respect of distance contracts or associated
local laws.
8. Payment
8.1 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.
Server rental and other hosting fees remain payable during any period
of suspension.
8.1a If a website is suspended under
Clause 8.1 above for non-payment by the due date a reinstatement fee
will be payable in addition to the outstanding balance. If we
suspend the website by replacing the homepage with a suspension page
the reinstatement fee will be £20.00. If we suspend the website by
blocking the server or removing the website from the server the
reinstatement fee will be equivalent to the initial set-up fee as
defined in our current price list.
8.2 Subject to an increase in third
party costs such as Local Administration Costs, the Fee for the
Services shall be in accordance with the relevant scale of charges and
rates published from time to time in our Standard Price List.
Equestrian Websites reserves the right to alter the Fees payable for
Services at any time and any new Order for Services after such time
shall be deemed to have been made in acceptance of such new Fees.
Subject to clause 8.3 such alterations will not affect any previously
accepted Order or quotation given under 8.5 below.
8.3 You acknowledge that Local
Administration Costs may differ from the amount or amounts (if any)
previously indicated by Equestrian Websites as a result of changes in
pricing by the relevant domain authority and/or changes in the
exchange rate and associated bank charges and You agree to pay the
actual Local Administration Costs incurred by Equestrian Websites on
your behalf if higher than those set out in the Order.
8.4 You acknowledge that the Fee may
represent only the initial costs of a domain name registration and
that continued use of the name will require you to pay recurring
charges and renewal fees.
8.5 Unless otherwise expressly
specified in the Order, and subject to clause 3.2, all quotations
given by Equestrian Websites for Equestrian Websites's Fees are valid
for a period of 30 days only from the date upon which they are given,
after which time the quotation shall automatically expire.
8.6 The price of the Services is
exclusive of VAT or its equivalent and all other tax or duty which, if
applicable, shall be payable by you in addition at the appropriate
rate.
8.7 Equestrian Websites reserves the
right to demand payment on account in advance of providing any
Services and unless otherwise specified in the Order may invoice in
respect of work completed or to be carried out, before, during and
after completion of such work as it sees fit. In the event you
instruct us to renew a domain name registration you will be asked to
make advance payment.
8.8 Invoices are payable within 7
days of the date of the invoice without deduction or set-off. Unpaid
invoices shall attract interest at a rate of 4% above the base rate of
Barclays Bank plc per annum without prior notice (such interest being
payable both before and after any judgment may be obtained) and
Equestrian Websites reserves the right to suspend the Services until
payment is made. Time for payment is of the essence. With regard to
Fees that relate to the relevant fee for a domain name registration,
you must make payment in full before your application can be accepted.
8.9 Where Services are provided prior
to the relevant Fees being paid, Equestrian Websites may retain the
title in and ownership of all domain names registered on your behalf
unless and until payment is made, and if such Fees are overdue
Equestrian Websites may deal with such names without restriction as if
the full legal and beneficial owner.
9. Intellectual property
rights and other consents
9.1 Equestrian Websites retains
ownership of all intellectual property rights in any information,
reports, documents, software or other materials created by Equestrian
Websites as part of the Services, including all methodologies,
know-how and processes used to do so (together, the "Materials").
Equestrian Websites grants to you a limited licence to store and view
the Materials delivered to you on your internal computer network.
Unless done so strictly for your internal business use, the Materials
may not be otherwise reproduced, transmitted, broadcast or displayed
in public without Equestrian Websites's prior written consent.
All trademarks, product names and company names or logos used in our site
are our property of that of their respective owners. No permission is
given by us in respect of the use of any such trade marks, get-up,
product names, company names, logos or titles and You acknowledge that
such use may constitute an infringement of the holder's rights.
9.2 You are solely responsible for
obtaining all intellectual property rights clearances and/or other
consents and authorisations necessary in respect of the names, marks
or other materials which are the object of the Services and You
warrant that Equestrian Websites use of such names, marks or materials
and any other information, documents or software which You supply to
Equestrian Websites under this Agreement (together, the "Objects")
shall not infringe any third party's intellectual property rights or
be otherwise unlawful or illegal.
9.3 On becoming aware of any dispute
between You and any other individual or organisation regarding the
Objects, Equestrian Websites reserves the right, at its sole
discretion and without notice or liability to You, to cease any
further use of such Objects including, without limitation, deleting or
suspending them from its computer systems and/or to make appropriate
representations or provide information to any relevant authority or
interested party.
10. Liability
10.1 Whilst Equestrian Websites shall
use reasonable skill and care in the delivery of the Services You
acknowledge that the delivery of the Services:
(a) is subject to the inherent
technical and operational limitations of the Internet, including,
but not limited to, the lack of security and unreliability of its
communications, the evolving nature of its organisational, legal and
regulatory framework, and the potential inaccuracy and variable
standards of its relevant data repositories, such as national domain
name registries, and is therefore made without guarantee as to
accuracy or completeness for which Equestrian Websites shall have no
liability to You or any third party;
(b) may, in whole or in part, be
prohibited, restricted or otherwise subject to relevant third party
contractual provisions, such as the terms and conditions of Internet
naming authorities, for which Equestrian Websites shall have no
liability to You and You warrant that You shall ensure that You are
made aware of, and comply with, such provisions.
10.2 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,
except to the extent set out in the Service Level Agreement applicable
to the Services you have ordered.
10.3 Equestrian Websites shall not be
liable for any delay or failure to perform its obligations under this
Agreement where such delay or failure is due to circumstances beyond
its reasonable control including, without limitation, any act or
omission by you or providers of Internet connectivity and other events
of force majeure. Any time deadlines set out in the Order or otherwise
agreed are estimates only.
10.4 All conditions, terms,
representations (other than fraudulent representations) and warranties
relating to the Services, whether implied by law or otherwise, which
are not expressly stated in this Agreement including, without
limitation, the implied warranty of satisfactory quality and fitness
for a particular purpose are excluded to the fullest extent possible
by law.
10.5 Equestrian Websites's total
aggregate liability to You for any claim in contract, tort, negligence
or otherwise arising out of or in connection with this Agreement and
the provision of the Services shall be limited to the price paid by
You in respect of the Services which are the subject of any such claim
and provided that You notify Equestrian Websites of any such claim
within one year of it arising. In no event shall Equestrian Websites
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.
10.6 Nothing in this Agreement shall
limit or exclude Equestrian Websites' liability for death or personal
injury resulting from Equestrian Websites' negligence or any other
liability, the limitation or restriction of which is prohibited by
law.
10.7 The Services are provided by
Equestrian Websites for your exclusive use. Equestrian Websites does
not accept any liability or obligation towards any third party or
generally towards any person and the Contract (Rights of Third
Parties) Act 1999 shall not apply to the relationship between you and
Equestrian Websites.
11. Indemnity
You agree to indemnify and keep
indemnified and hold Equestrian Websites and our directors, officers,
employees and agents and the registry operator for .com, .net and .org
domain names on demand harmless from and against any claim brought
against Equestrian Websites or them by a third party resulting from
the provision of Services by Equestrian Websites to You and/or your
use of the Server and/or any domain name registered, 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 Equestrian Websites or
them in consequence of your breach or non-observance of these terms of
business.
12. Confidentiality and
publicity
12.1 Both You and Equestrian Websites
undertake not to disclose to a third party any confidential
information which You or Equestrian Websites receives relating to the
contents or performance of this Agreement or the other's business in
general, and shall procure that each of its directors and employees
shall not do so, except with the prior consent in writing of the
other, as required by law, or to the extent to which that information
is publicly available or already known to the receiving party at the
date of receipt other than through any unauthorised disclosure by any
person.
12.2 Without prejudice to clause 12.1,
Equestrian Websites shall be entitled to mention your name as a client
of Equestrian Websites and the name(s) of products in respect of which
Equestrian Websites provides Services in publicity and promotional
material on and off-line without your prior consent unless You send
notice in writing to Eqwebs Ltd t/a Equestrian Websites (by post to
Legal Department, Equestrian Websites, 61 Cardiff Road, Bargoed, Mid-Glam, CF81
8PA, UK or by
email to legal@equestrianwebsites.com) referencing this clause and
requesting no publicity. Any request will only apply to publicity
material to be prepared after such notice is given and Equestrian
Websites will be under no obligation to cease using material printed
or published prior to such notice.
13. Credit Card Security
13.1 We use a secure server that
implements Secure Socket Layer (SSL) technology (certified to the
standard for encrypted credit card transactions stipulated by Verisign
Inc. or others) to prevent any person from gaining access to your
credit card or registration information whilst it is on our site or
being transmitted across the internet.
13.2 If you discover that goods or
services have been ordered from a supplier over our site using your
credit card details in circumstances where you had not agreed to or
authorised this, then (provided you have not, through failure to take
reasonable care, allowed an unauthorised person to gain access to your
credit card details, purchaser ID or password) our suppliers are
required to refund to you the money they receive provided that: (a)
you inform your credit card company and us of the unauthorised
purchase as soon as you discover it; and (b) you co-operate with your
credit card company, the supplier, us and, if necessary, the police in
relation to the unauthorised use.
14. Termination
14.1 We may terminate this Agreement
forthwith if you fail to pay any sums due to Equestrian Websites as
they fall due or if, in our reasonable opinion, you do not have
sufficient technical expertise to use the service without excessive
ongoing technical support.
14.2 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 Equestrian Websites specifying the breach, or if
You are a company You go into insolvent liquidation, or if You are a
person You are declared bankrupt.
14.3 You acknowledge and agree that
your domain name registration is subject to suspension, cancellation,
transfer or modification pursuant to the terms of any rules or
policies applicable to your domain name registration, including, but
not limited to
(i) the UDRP,
(ii) any ICANN adopted policy,
(iii) any registrar or registry
administrator procedures, or
(iv) any other ccTLD registry
administrator procedures.
14.4 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.
15. Notices
Any notice to be given by either party
to the other may be sent by either fax 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 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 two days following
the date of posting, unless the contrary is proved.
16. Law
16.1 For the adjudication of disputes
concerning or arising from use of the domain name, the domain name
holder shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the domain
name holder's domicile and (2) the courts of England.
16.2 Subject to clause 16.1 above:-
(a) the Agreement (and any dispute,
controversy, proceedings or claim of whatever nature arising out of
or in any way relating to this Agreement or its promotion) shall be
governed by and construed in accordance with English law.
(b) each of the parties to this
Agreement irrevocably agrees that the courts of England shall have
exclusive jurisdiction to hear and decide any suit, action or
proceedings and/or to settle any disputes which may arise out of or
in connection with this Agreement and, for these purposes, each
party irrevocably submits to the jurisdiction of the courts of
England.
17. Entire agreement
17.1 These Terms together with any
Order and any document expressly referred to in them, contain the
entire agreement between Equestrian Websites relating to the subject
matter covered and, save in the case of fraudulent misrepresentation
or fraudulent concealment, supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between
Equestrian Websites in relation to such matters. We may alter these
terms at any time without notification to you provided the current
terms are always available on our website. No oral explanation or oral
information given by any party shall alter the interpretation of these
terms and conditions.
17.2 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.
18. Miscellaneous
18.1 If any provision of this
Agreement or part thereof shall be void for whatever reason, the
offending words shall be deemed deleted and the remaining provisions
shall continue in full force and effect.
18.2 Your rights and obligations under
this Agreement are personal to you and you undertake that you shall
not nor purport to: assign, lease, charge, sub-license, or otherwise
transfer such rights and obligations in whole or in part.
18.3 Equestrian Websites reserves the
right to sub-contract any of the work required to fulfil the Services
and to assign this Agreement upon notice to you.
18.4 Neither party shall be liable for
any loss suffered by the other party or be deemed to be in default for
any delays or failures in performance hereunder (other than in
relation to payment) resulting from acts or causes beyond its
reasonable control or from any acts of God, acts or regulations of any
governmental or supra-national authority.
18.5 Any delay or forbearance by
either party in enforcing any provisions of this Agreement or any of
its rights hereunder shall not be construed as a waiver of such
provision or right thereafter to enforce the same.
18.6 Clause headings have been
included in this Agreement for convenience only and shall not be
considered part of, or be used in interpreting, this Agreement.
19. CENTRALNIC DOMAIN NAMES (.uk.com/.gb.com
etc.)
Special terms and conditions apply
additionally to registrations of CentralNic domain names. Please refer
to the separate notice
on the Equestrian Websites website.
20. .UK DOMAIN NAMES – NOMINET
UK
Special terms and conditions apply
additionally to registrations of .uk domain names. When you register a .uk
domain name you enter into two separate binding contracts: one is with Nominet
UK and the other is with Eqwebs Limited (your registrar). Please refer to the
separate notice on the Nominet website.
21. ENOM & ONLINENIC DOMAIN NAMES (.com,
.net, .org, .info, .biz etc.)
Special terms and conditions apply
additionally to registrations of Enom & OnlineNIC domain names. Please refer to
the separate notice on
the Equestrian Websites website.