Terms and Conditions of Service
(The boring but important bit, please print for your reference)

  • These terms and conditions apply to services provided by Webtech Designs under the trading name of Webtech Designs (UK).

  • In the following, 'we', 'our', or 'us' means Webtech Designs (UK) and any company who may provide services on our behalf, and 'you', 'your', 'the User' or 'the customer' means you the subscriber to our services. 'Services', or 'account' refers to services provided by us to you. Agreement refers to these Terms and Conditions.
  • All customers of services provided by Webtech Designs, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the customer when ordering the services.
  • You are required to adhere to these terms and conditions or any Acceptable Use Policies (AUP) as and when these are published by us. If you breach these terms or those of our AUP we reserve the right to terminate your account or services provided by us at our sole discretion without notice or refund.

  1. DOMAIN NAME REGISTRATION

    1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

    2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

    3. When registering a domain name, you must have the right to use the name and by registering it you are confirming that you do have that right.

    4. As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address including postcode, current e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation.

    5. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.

    6. You acknowledge that we will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities. We will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in our possession to review, modify or update such information.

    7. You may register a domain name on behalf of someone else, providing you have their permission prior to registration. Any dispute arising from the registration of a domain name will be settled according to the dispute resolution policy of the relevant naming authority (here for .com/.net/.org and here for .uk), in addition, you agree to indemnify us for costs resulting from any such dispute.

    8. Names registered under the .uk.com, .uk.net, .gb.com, .gb.net, .eu.com and .us.com second level domains are not actually owned by the customer, for those domains you are merely asking us to point the name at an internet address and we are charging for doing so. You are also agreeing with CentralNic terms and conditions when registering these name types. If the domain name changes ownership the new owner must reregister the name and pay the full registration fee.

    9. .net.uk domain names are reserved for ISPs only. Please read Nominet's rules (Appendix B) for .net.uk domains first before ordering.

    10. For ltd.uk and plc.uk domain names, the following stipulations apply:

      1. Certain words must be removed from the registered company name before the domain name is generated, these are known as the "reserved" words. They are "limited", "public limited company" and the Welsh Language versions along with the abbreviations of these words, e.g. ltd, plc, ccc. There are believed to be other "reserved" words such as "International".

      2. Nominet may require a copy of the certificate of incorporation of the applicant and a letter on company letterhead, signed by a director or the company secretary of the applicant. You will need to supply copies of the above and a company registration number when ordering the domain.

    11. Currently .com/.net/.org domains are registered with ICANN approved Alabanza or CORE. If you decide to transfer the billing of a domain to another ISP you must check first that they will accept names registered with Alabanza, if not they may demand the name be moved to NSI (Network Solutions) for which a $70 transfer fee is required. You will be liable for this fee. This does not apply to simply changing the name server addresses for a domain.

    12. We will attempt to register your domain name or names immediately upon receipt of payment, but it is possible for names to appear to be available when placing an order but in reality to have been registered by someone else (there is a lag in the whois database being updated after registration occurs). If you register a name that subsequently turns out to have not been available we will issue a full refund. We cannot be held responsible for any other costs incurred in connection with this, you should check thoroughly that you have the domains (via whois) before publicising the name in any way.

    13. If you sell or transfer ownership of a domain, there may be a charge levied by our registrars for changing the owner's name/address details, you will be liable for this charge.

    14. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

    15. We will not host or advertise domain names which in themselves could be deemed offensive to others;

  2. WEB SITE HOSTING and EMAIL

    1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server;

    2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;

    3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

      1. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so;

      2. You will not use our internet services to post, promote, link to, transmit, distribute or advertise:-

        1. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;

        2. Any material containing a virus or other hostile computer program;

        3. Any material which constitutes or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;

        4. Firearms and other weapons, racist or other menacing material, material which breaches a third parties intellectual property rights including copyright or other trade secrets.

        5. Other illegal activities and activities deemed to be in breach of the Data Protection Act.

      3. You will not use our internet services to promote services we supply, or your own sites hosted on or forwarded to by our servers, using methods such as bulk emailing or excessive news group postings, or posting to newsgroups whose charter specifically prohibits advertising. In addition, you will not use the web space provided to disseminate large files, such as mp3 samples etc.

      4. You will not use our servers to send Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE), known as SPAM.

    4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;

    5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;

    6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;

    7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years;

    8. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email;

  3. SERVICE AVAILABILITY

    1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server;

    2. We reserve the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason;

  4. PAYMENT

    1. All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.00;

    2. Payment for Domain Name Registration, Web Hosting and Submission Service is required in advance. You will be invoiced prior to commencement of services, and you will be notified when renewal fees become due. In both cases you will be expected to pay them within 14 days of notification.

    3. Once an information request has been received via our website, we will contact you regarding full details and payment.

    4. Payment for Website Design Services is required at each stage of the service;

      1. 25% of total payable prior to commencement of work (non-refundable)

      2. Further 50% of total payable once web layout and content has been agreed between you and us

      3. Balance (including any additional costs incurred) payable once website has been uploaded to the server and is available for viewing over the Internet.

    5. 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 (where said services correspond to those advertised), 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; (NB: Webtech Designs does not currently charge VAT).

    6. 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

    7. We reserve the right to take legal action to recover any debts.

    8. We reserve the right to apply an administration charge for late or non-payment of an account. This fee shall not exceed £150 + VAT plus the amount outstanding.

    9. You may cancel your service at any time, but you must give us at least 14 days notice in writing of your intention to cancel. No fees for unused period of a service provided by us are refundable.

  5. INDEMNITY

    1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement;

  6. LIMITATION OF LIABILITY

    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, subject always to sub clause 6.5;

    2. We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

    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;

    4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;

    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;

    6. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;

    7. We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to change any service at any time.

    8. You are responsible for any material stored on our servers. We shall not be held responsible for any loss, however caused, of this material.

    9. We reserve the right to suspend or terminate any account or service at our sole discretion;

  7. LAW

    1. These terms and conditions shall be governed by and construed in accordance with the laws of England and the customer agrees to submit to the exclusive jurisdiction of the English courts, unless otherwise agreed in writing.

  8. HEADINGS

    1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

  9. ENTIRE AGREEMENT

    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.

If any part of these terms and conditions or any associated Acceptable Use Policies shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms and conditions and Acceptable Use Policies.


and the time is

© Copyright 2001-2005 Webtech Designs (UK),
56 Radnor Park Road, Folkestone, Kent, UK, CT19 5AY.
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