Terms & Conditions
Where the context admits: "We" & "Us" includes Webnetics UK Limited (Trading as Virtual Web Designs) of: Glenmaric, Marsh Road, Halvergate, Norwich, Norfolk NR13 3QB, United Kingdom or any party acting on Virtual Web Designs implicit instructions. "You" includes the person purchasing the Services or any party acting on the customer's instructions. The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Domain Name Registration
1.1. 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 our 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.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk/go/terms
1.2.2. Redemption Grace Period, all .UK Registries must offer a Redemption Grace Period of 30 days following deletion of a domain registration during which time the registered name holder may restore the domain registration. A fee may apply to this.
1.2.3 Renewal Reminders, prior to the expiration of a .UK domain registration we will notify the registered name holder by email that the domain registration is scheduled to expire. These notices will be sent in English and will be sent at the following times:
- First Notice -approximately 60 days prior to expiry
- Second Notice -approximately 30 days prior to expiry
- Third Notice - approximately 15 days prior to expiry
- Fourth Notice - approximately 7 days prior to expiry
- Final Notice -approximately 1 day after expiry if no renewal instructions have been received
Pre-Order .UK Domain Names
1.2.4. These terms apply to all new and existing Clients seeking to register a .UK domain name.
1.2.5. Pre-ordering of .UK domain names operates on a first come first served basis. For the avoidance of all doubt, we may only offer Pre-Orders of .UK domains in the following situations:
- a) Where individual Clients are at least 18 years of age;
- b) Where the Client is overseas an address for service in the UK is provided upon placing a Pre-Order. Clients acknowledge and understand that PO Boxes will be unacceptable as an address;
- c) Where the Client has a pre-registered .CO.UK domain equivalent to the sought after .UK domain name as a Pre-Order is bound by the registration of the equivalent. The ability to add a Pre-Order will only show if all the equivalent .CO.UK, .org.UK, .me.UK, .ltd.UK, .plc.UK and .net.UK domains are available for registration;
- d) Where .CO.UK domains the Client has previously registered, post 29th October 2013 00:00 GMT do not have a corresponding registration in any of the other 3rd level .UK domains (.org.UK, .me.UK, .ltd.UK, .plc.UK and .net.UK) registered pre 28th October 2013 23:59 GMT;
- e) Where the Client applying for the Pre-Order meets the following criteria:
- Their .CO.UK domain was registered pre-28th October 2013 23:59 GMT;
- Where no .CO.UK is registered, the .org.UK is registered pre-28th October 2013 23:59 GMT;
- Where no .CO.UK or .org.UK is registered, the .ME.UK is registered pre-28th October 2013 23:59 GMT.
1.2.6. Once a certain client has Pre-Order for a .UK domain another Client (or in fact that same Client) cannot seek to Pre-Order the same .UK domain.
1.2.7. In the event that the Client transfers the pre-existing .CO.UK domain away from us or is cancelled before any Pre-Order is successful, any Pre-Order of the .UK equivalent shall be cancelled and no refunds shall be made.
1.2.8. Applications are at the discretion of the registry in accordance with Nominet terms and conditions.
1.2.9. We not take responsibility for any unsuccessful applications based on incorrect information entered by Clients.
1.2.10. .UK Pre-Order domain names will be charged at the price advertised on our website or the email communication provided to existing Clients who have registered .CO.UK domain names. These prices include VAT.
1.2.11. Pre-order .UK domains may be registered for multiple years but no more than 10 (ten) years.
1.2.12. If a Client is unsuccessful in registering their Pre-Order .UK domain any fees paid are non-refundable. Clients acknowledge that whilst we will use its reasonable endeavours to register a .UK domain, we do not accept any liability if the .UK Registry (for whatsoever reason) is incapable of registering the domain name.
1.2.13. We not accept liability for the unsuccessful registration of a pre-order which is caused by unforeseen circumstances.
1.2.14. Payment for the relevant domain, the Client has registered will be taken at the time of placing the order.
1.2.15. Clients understand and accept that they are responsible for ensuring, prior to payment that the items in their basket are the items they wish to purchase. Clients have the opportunity to remove any unwanted items or add further items (including Pre-Orders) before payment is taken.
1.2.16. Clients acknowledge that .UK domains purchased through us do not come with a WHOIS Privacy service.
1.2.17. Pre-Order process of .UK domain names is subject to our General Terms and Conditions and our Domain Registration, Renewal and Refund Agreement. If there is any conflict between these Pre-Order .UK terms and our General terms, then the terms set out herein shall prevail.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. 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 Registry but will not be obliged to take part in any such dispute.
1.6. We shall not release any domain name to another provider unless full payment for that domain has been received by us or any outstanding payments to us.
1.7. We may require a release / transfer fee. If a domain name has been registered in a promotional offer or has been renewed by us after a client has decide not to renew their domain name(s). This fee will be charged at our discretion.
1.8. If a .com, .net, .biz has to be renewed after the, expire date. The renewal period will automatically become 3 years at a cost of £17.50 per year (Total £52.50 for 3 Years)
2. Web Site Hosting And Email
2.1. 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.
2.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
2.2.1. 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.
2.2.2. you will not upload, post, link to or transmit:
188.8.131.52. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
184.108.40.206. any material containing a virus or other hostile computer program.
220.127.116.11. 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.
18.104.22.168. any material which is forbidden by our acceptable use policy which is published at http://www.vwdesigns.co.uk/usepolicy.htm
2.2.3. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.2.4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.2.5. any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4. 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 but not limited to loss, theft or unauthorised disclosure of your password or other security information.
2.5. 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.
2.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.7. 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.
2.8. Any access to other networks connected to Virtual Web Designs must comply with the rules appropriate for those other networks.
2.9. 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.
2.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
3. Service Availability & Support
3.1. 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.
3.2 We shall have 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 7 days you will be notified of the reason.
3.3 The Client can email us at firstname.lastname@example.org, all emails are answer within 24 hours of receiving the email.
3.4 The Client can write to us:
Webnetics UK Ltd.
C/o Virtual Web Designs
Norfolk NR13 3QB
4. Abuse & Complaints
4.1 Virtual Web Designs must be contacted via the appropriate method found at http://www.vwdesigns.co.uk/contact.htm we shall respond via the same medium the Client contacted us, within a reasonable time. In regards to complaints relating to abusive registration or hosting Clients agree to contact us in writing at email@example.com. we shall endeavour to respond to such matters within 28 days of receipt of the complaint. All other complaints shall follow our Complaints and Appeals Procedure
5. Copyrights and Trademarks
5.1 The customer represents to Webnetics UK Ltd. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in web pages are owned by the customer, or that the customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend us and its subcontractors from any claim or suit arising from the use of such elements furnished by the customer.
5.2 Copyright to the finished assembled work of web pages produced by Webnetics UK Ltd. is owned by us. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the customer, and remain the property of their respective owners. Webnetics UK Ltd. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
6.1 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 and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
6.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.
6.2.1 Renewal - If payment has not been received by the due date on the invoice or when your account is due to expire. We will assume that you no longer require these service(s) and your account will be automatically put into parking mode by our system . Existing hosting & email account(s) will remain on our system for another 30 days then these will be removed.
6.2.2 Once, payment has been received in conjunction with 5.2.1, your account(s) will be restored.
6.3 All payments must be in UK Pounds Sterling within 7 days of placing an order or on receipt of invoice, unless we have agreed longer terms in writing from us.
6.3.1 If a paper invoice has been requested this will be sent 30 days before each anniversary month, quarter or year of a Services, and this must be paid within 7 days or the due date on the invoice, unless we have agreed to longer terms in writing from us.
6.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of .£s;30.00
6.5 We reserve the right to remove web pages from viewing on the Internet until final payment is made. In case of collection proves necessary, the customer agrees to pay all fees incurred by that process, any discount given by ‘Webnetics UK Ltd.' will no longer apply and the full amount re-instated.
6.6 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 to you.
7. Completion Date
7.1 Webnetics UK Ltd. will not accept any self-imposed completion date. Unless in writing on letterhead paper from us to excluded this clause 6.1, and must be signed by a director of Webnetics UK Ltd. Webnetics UK Ltd. and the Customer will work together to complete the website in a timely manner and in conjunction with sub clause 9.3, 9.4 and 9.6.
8. Termination And Refunds
8.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
8.1.2. break any of these terms and conditions.
8.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
8.2. No refunds will be made under any circumstances for Services suspended in accordance with 8.1.
8.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, you will be entitled to a pro rata refund based upon the remaining period of prepayment.
8.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
8.5. During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
8.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
8.5.2. You will not be entitled to a refund on this basis if you have previously held an account with Webnetics UK Ltd.
8.6. We reserve the right to cancel any website designing contract without notice to you.
8.7. This clause will only apply to website designing and bespoke software commissioned by the customer. We reserve the right not to give refunds or exchanges for any terminated or cancelled contracts. If the contract is terminated for any reason, the Customer shall be billed for work not yet paid for that was completed by us. If a sub-contractor has been used by us we will require full payment for this part of the work.
8.7.1. Webnetics UK Ltd. owns all the source code written for a customer’s website, unless the customer wishes to buy the source code for their own use and cannot be modify without our permission.
8.8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
8.9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
9.1. 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 any of the terms of this Agreement.
10. Limitation Of Liability
10.1 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 to o the extent applicable under UK law, subject always to sub clause 10.2.
10.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
10.3 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.
10.4 Webnetics UK Ltd. does not warrant that the functions contained in these web pages or the Internet website will meet the customers requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with customer. As many elements involved are outside our control.
10.5 In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
10.6 Webnetics UK Ltd will not be liable to the client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of revenue, loss of contract, loss of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Webnetics UK Ltd. or its employees, agents or authorised representatives, which arises out of or in connection with the agreement.
10.7. The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Webnetics UK Ltd how or for what purposes they are used.
10.8. Where the Client accesses Webnetics UK Ltd services from locations outside the UK, the Client does so, on the Client's own initiative and is responsible for compliance with local laws.
11.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
12.1 Any notice to be given by either party to the other may be sent by either email, 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 email shall unless the contrary is proved be deemed to be received on the day it was sent or 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.
12.2 We reserve the right to cancel any contract with you, without notice or give any reason for cancelling this contact. 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, even if we has been advised of the possibility of such damages.
12.3 We reserve the right to change these terms and conditions without notice to you or any 3 rd party.
13.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
14.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
15. Entire Agreement
15.1 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 confirm that 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.