
The following terms and conditions
apply to all services offered by 'Domainscape Internet'
which is a trading style of DSNZ Limited (A company
registered in New Zealand - hereinafter referred to
as ‘Domainscape’ or 'we', 'our', or 'us'). By ordering
services from Domainscape you are agreeing to the following
terms and conditions.
Company Formation
1. All reference hereinafter to the
‘Web Site’ specifically refers either to
www.companyregistration.org.uk or www.domainscape.co.uk
as operated by Domainscape
2. All content contained within the
web site is the property of ‘Domainscape'. This
includes all of the site content, images, and other
attributes which a part of the domain. They may be used
as a general information source only.
3. All companies shall remain the property
of Domainscape until payment is received in full and
Domainscape shall retain the right to approach the directors
of the newly registered company or the agents originally
instructing Domainscape to register a company on behalf
of their clients for payment in full.
4. Any person or firm who places an
order with Domainscape on behalf of a third party and
turns out not to have been authorised to undertake such
a transaction shall bear full liability themselves for
any monies due to Domainscape.
5. Payment in respect of work undertaken
by Domainscape shall be payable on receipt of any products
or services supplied to the customer unless otherwise
agreed.
6. Any credit or debit card details
provided to Domainscape for a service or product are
authorised by the client for charging for future services
or products that the client does not pay for by any
other means within the allotted period of credit granted,
when requested to do so.
7. In the event of an account remaining
unpaid after a period of 30 days Domainscape reserves
the right to invoke a collection fee per letter sent
to obtain payment (following the first reminder).
8. Domainscape does not take responsibility
for any mistakes in a spelling of a proposed company
name or a mismatch on a search, or for any other alleged
error where special instructions are not followed, where
instructions are received verbally or where a written
instruction is ambiguous, unclear or handwritten.
9. Where names are checked at the Companies
House registry this is for guidance only and should
not be taken as conclusive evidence or proof that a
name will be available or allowed by the Registrar.
Domainscape is not responsible for any subsequent objections
to the usage of a company name.
10. Domainscape does not take into
account trademarks, patents, trading styles, logos ,
service marks etc or any other proprietary designation
or mark when incorporating a company whether readymade
or off the shelf, or for name changes or in the dispensing
of advice.
11. Domainscape is not responsible
for any delays caused in the process of incorporation
where they occur as a result of a third party action
or inaction. Domainscape may not be held to any specific
timescales or limits which may been have advised to
a customer or prospective customer, as they are for
guidance only.
12. The client is responsible to ensure
that they use the company or service for legal and bona
fide purposes, and must inform Domainscape if this is
not the case.
13. Domainscape shall not be responsible
or carry any liability in any way whatsoever, either
directly or indirectly for any third party claims as
a result of a claim for "passing off'' or similar
action. All companies are set up in good faith without
any intention to cause any similarity, association,
confusion or misleading implication or connection with
any other business or organisation wherever they may
be. Any such claim or action brought by another party
is the responsibility of the customer or director of
the company to resolve or make good any losses or pay
compensation, damages, fines or other payments or awards
in connection therewith where appropriate.
14. Opinions and recommendations made
by Domainscape do not constitute professional advice
and no duty of care is owing to the customer or any
other party, unless responsibility is expressly guaranteed
in writing by a professionally qualified director of
the company acting as an agent of the company.
15. No warranties or guarantees are
provided by Domainscape to visitors that the web site
is free from any error and under no circumstances whatsoever
will any visitor be provided with an indemnity against
any loss due to information contained on the web site
or events which occur whilst using this web site (or
linked site).
16. Visitors should not assume that
information contained within this web site is either
comprehensive or factual. They should also be aware
that the accuracy of the web site might change over
time. Domainscape will not be liable in any circumstances
for any resultant or consequential loss resulting from
reliance being placed up on the information contained
in the web site.
17. Visitors are acknowledging that
it is solely at their discretion how they wish to interpret
specific resources and information within the web site.
They are also accepting fully the consequences of any
actions which they might subsequently take as a result
of using this web site and any facility contained therein.
18. All Documents, Images, Logos and text appearing
on the web site may not be copied by any means by the
customer or any other person or body or organisation
without the express written permission of Domainscape
save for reasons of making incidental photocopies or
archive copies which themselves will not be copied further.
19. The rights and reservations of
third party property appearing on the web site are recognised
as belonging to them.
20. Domainscape reserves the right
to pursue any breach of our terms and conditions through
all and any legal means at our disposal. Our rights
include those which facilitate claims for damages, breach
of terms and conditions and compensation for loss suffered
which arise as a result of non compliance with this
document.
21. Users must treat the resource with
due care and not engage in any practice which might
reasonable be expected to harm the web site, the information
contained in it or which might affect the availability
of it.
22. The practices of hacking, attacking,
gaining unauthorised entry to information, plagiarising
any content is expressly forbidden. Any other action
which could reasonable be predicted to cause distress
to the web site, its hosting or any facility which is
used in its provision would constitute a violation of
the terms and conditions.
23. Domainscape reserves the right
to update, change and maintain the web site at any time
without prior notice. This includes the prerogative
to significantly change any aspect of the content, design,
coding or any other aspect of the site.
24. Domainscape may withdraw this web
site at any time, whether temporarily or permanently.
We accept no obligations to continue to produce or make
available any content or other resources.
25. In the case of a dispute arising, users agree that
England law will be the determining reference for any
claims or other grievance.
Domain Names, Hosting and Emails
26. Payment for our services is required
in advance. You will be notified when renewal fees become
due and will be expected to pay them within 30 days
of notification. If payment is not received within this
period the services may be suspended or cancelled.
27. We will attempt to register your
domain names immediately, 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 of course issue
a full refund. We cannot be held responsible for any
other costs incurred in connection with this, you should
check thoroughly that the domain names you ordered have
been assigned to you by using our WHOIS page before
publicising them in any way. After registration, by
default we will point your domain name website address
to a free parked page for your domain, this page may
contain advertising links.
28. You should ensure you know the
expiry date of your domain names and renew them in good
time before expiry. We will send reminder emails to
the account address as provided on application in good
time before renewal is due. But we cannot be held accountable
if you do not receive these emails and a domain name
is deleted due to non-renewal. It is very important
that you keep your account email address up to date
and advise Domainscape of any changes.
29. Once an order has been received,
either by telephone, fax, email or via our online ordering
system, all fees become due. Once a domain has been
registered it isn't possible for us to delete the domain,
so we therefore cannot offer refunds for unwanted domains.
30. 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, 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. 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.
31. You acknowledge that we will make
some of the information that you provide during the
registration process publicly available as required
by the registry for your domain name. Additionally,
you acknowledge that the registry for your name 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.
32. 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.
33. 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.
34. 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 months of a service provided by us are refundable.
35. We reserve the right to take legal
action to recover any debts.
36. We reserve the right to apply an
administration charge for late or non-payment of an
account. This fee shall not exceed £50.00 plus
the amount outstanding.
37. You may not use our internet services
to promote, distribute or advertise:
Firearms and other weapons.
Pornographic, racist, homophobic or
other offensive material.
Material which breaches a third parties
intellectual property rights including copyright or
other trade secrets.
SPAM email, including bulk email software
and lists of email addresses, except where all of the
addressees have given their permission.
38. You may not use our internet services
to abuse or deny services to other internet users. This
includes, but is not limited to, mailbombing and sending
abusive email. You also may not use our services to
infringe the privacy of others, publish libelous or
illegal material, or publish any material deemed to
be in breach of the Data Protection Act.
39. We will not host or advertise domain
names which in themselves could be deemed offensive
to others.
40. You must not 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. You
must also not use the webspace provided to diseminate
large files, such as mp3 samples etc.
41. You must not use our servers to
send Unsolicited Commercial Email (UCE) or Unsolicited
Bulk Email (UBE)
42. We reserve the right to suspend
or terminate any account or service at our sole discretion.
43. Where it says "Unlimited"
in any of the specifications or features for our products
or services, this means that we do not explicitly impose
any limit. There may be practical limits on the usage
of these features however.
44. 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.
45. We shall take reasonable measures
to endeavor to maintain our services, but you will not
be eligible for any compensation because of any loss
or unavailablity of any service we provide. We reserve
the right to change any service at any time.
46. We shall not be held responsible
for any loss however caused resulting from any suspension
or unavailability of any service.
47. You are responsible for any material
stored on our servers. We shall not be held responsible
for any loss, however caused, of this material.
48. You are required to keep the contact
details you provided to us up to date. We may use these
addresses to contact you by post or email from time
to time, but these addresses will not be passed to any
other companies, unless required in order to register
a domain name.
49. You will keep your password secret
and will not disclose it to any third party. You will
notify us and change any password you believe has been
compromised.
50. The email facilities we provide
are intended to allow you to provide a professional
presence for you or your customers domains, they are
not to be used to provide a general purpose email service
like hotmail, or for the sending of bulk email of more
than 100 messages a day through our SMTP servers without
prior arrangement.
Web Design
51. We reserve the right to refuse
to construct a web site which we may judge as unfit
due to content or otherwise. This includes, but is not
limited by, sites containing adult oriented material
such as pornography, sites which promote hatred towards
persons belonging to any ethnic group, religion or sexual
orientation and sites which infringe copyright or are
contrary to English laws.
52. The acceptance of a commission
shall be deemed as a contractual agreement between the
client and Domainscape.
53. Domainscape cannot always guarantee
to start work immediately on a commission but will arrange
a date with the client as to when work can commence.
54. All material, both text and images,
supplied by the client and used in the construction
of the client's web site, will remain the client's property.
All such material will be assumed to be the property
of the client and free to use without fear of breach
of copyright laws.
55. The copyright for all material
provided by Domainscape, such as HTML code, graphics,
photographs and text, will remain the property of Domainscape
until such time as payment has been made in full whereupon
they will become the property of the client.
56. Domainscape makes every effort
to design pages which display acceptably in the most
popular current browsers, but cannot accept responsibility
for pages which do not display acceptably in new versions
of browsers released after pages have been designed
57. An upfront payment of 50% of the
total fee is due with acceptance of the order, unless
otherwise agreed, in which case payment is due upon
completion of site.
58. Domainscape will initially place
the client's website on one of Domainscape’s demonstration
servers during in order that the client may view and
comment upon the website's progress. When both Domainscape
and the client agree that the website meets the criteria
agreed during the commissioning process, Domainscape
will invoice the client for the balance of the overall
amount due for the commission. On receipt of payment,
Domainscape will publish the website either on dedicated
web space provided by Domainscape or the client's server
59. If at any point during the Website
Development Cycle a client wishes to cancel, they may
do so but will be invoiced an amount that Domainscape
judges to be proportional to the amount of work completed
on the commission.
60. If, during the Website Development,
the client does not supply the content required in order
to complete the commission within a reasonable amount
of time, Domainscape will consider that the client wishes
to cancel the commission.
61. Payment is made to Domainscape
by Bank Transfer, Cheque, Credit/Debit Card or Cash
within 7 days of the date on the invoice or in respect
of the initial deposit. Any payment returned by the
bank or credit card company will incur a £25.00
administration charge. This will be invoiced and will
be added to the total outstanding debt owed by the customer.
62. Domainscape does not undertake
to maintain or update a client's website as part of
the design commission. If a client wishes Domainscape
to maintain or update a web site as a separate commission,
Domainscape will negotiate with the client a maintenance
contract appropriate to the amount of work required.
Web site maintenance may also be undertaken on a time
and materials basis if the client so wishes.
63. Domainscape reserves the right
to alter prices at any time without notice. If a client
has commissioned any services from Domainscape prior
to a change in prices, that commission will not be subject
to any increase, but any subsequent commission may be
subject to an increase.
64. Any web page; design or entire
site designed by Domainscape carries a copyright, and
cannot be reproduced without written consent. The placing
of an order by the client or other person/Agency on
behalf of the client constitutes a guarantee that all
necessary authority and permissions have been obtained
in respect of the artwork, design and photographs, for
use in the advertisement. The Advertiser/customer must
indemnify Domainscape in respect of all actions; proceedings;
costs demands and claims arising from any such breach.
65. Domainscape hereby excludes itself,
its Employees and or Agents from all and any liability
for loss or damage caused by any inaccuracy; omission;
delay or error, whether the result of negligence or
other cause in the production of the web site; All and
any liability for loss or damage to clients artwork/photos,
supplied for the site. Immaterial whether the loss or
damage results from negligence or otherwise.
Indemnity
66. 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.
Entire Agreement
67. 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
that has not been made expressly in this Agreement.
Law
68. By agreeing to these terms and
conditions your statutory rights are not affected. Domainscape
reserves the right to change or modify any of the terms
and conditions contained in the Terms and Conditions.
69. These conditions and all other
express terms of contract shall be governed and construed
in accordance with the laws of England.
70. In the event any one or more of
the provisions of these Terms and Conditions shall be
held to be invalid, illegal or unenforceable, the remaining
Terms and Conditions shall be unimpaired and the Terms
and Conditions shall not be void for this reason alone.
Such invalid, illegal or unenforceable provision shall
be replaced by a mutually acceptable valid, legal and
enforceable provision which comes closest to the intention
of the parties underlying the invalid, illegal or unenforceable
provision. |