Terms and Conditions

Company Formation

1. 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.

2. 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.

3. 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.

4. 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.

5. 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).

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

Domain Names, Hosting and Email Services

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

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

23. 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.

24. 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.

25. 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.

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

27. 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 web space provided to disseminate large files, such as mp3 samples etc.

28. You must not use our servers to send Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)

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

30. 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.

31. 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.

32. 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 unavailablity of any service we provide. We reserve the right to change any service at any time.

33. We shall not be held responsible for any loss however caused resulting from any suspension or unavailability of any service.

34. You are responsible for any material stored on our servers (or servers to which we have access to). We shall not be held responsible for any loss, however caused, of this material.

35. 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.

36. 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.

37. 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.

General

38. All reference hereinafter to the Web Site specifically refers to www.domainscape.co.uk as operated by Domainscape .

39. 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.

40. 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).

41. 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.

42. 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.

43. 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.

45. The rights and reservations of third party property appearing on the web site are recognised as belonging to them.

46. 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.

47. 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.

48. 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.

49. 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.

50. 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.

51. In the case of a dispute arising, users agree that England law will be the determining reference for any claims or other grievance.

Indemnity

52. 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

53. 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

54. 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.

55. These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.

56. 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.