The following terms and conditions apply to all products and services supplied by Room101 Limited, and do not affect your statutory rights.
Attention is directed to the following sections within this document, you are encouraged to pay particular attention to those sections which relate to the specific products or services which you have ordered from Room101, and to those you intend to order from us in future.
- General Contractual
- Domain Name Registration
- Internet Service Hosting (eg Web and Email)
- Dedicated Server Hosting
- Complaints Procedure
GENERAL - APPLICABLE TO ALL OUR SERVICES
- The definitions and rules of interpretation in this clause apply in these terms and conditions.
Acceptance: the acceptance or deemed acceptance of the Site by you pursuant to clause 23.
Acceptance Tests: the tests to be carried out on the Site to test compliance of the Site with the Site Specification as determined by us.
Charges: the charges payable for the Services as set out in the Confirmation Letter, together with any charges arising from the change control procedures set out in clause 10.
Confirmation Letter: the letter from us to you confirming the principal terms on which we will provide the Services.
Deliverables: all products and materials developed by us in relation to the Services in any media, including, without limitation, computer programs, data, diagrams, reports and specifications (including drafts).
Domain Name Registration Services: the Domain Name Registration Services to be provided by us as set out in the Confirmation Letter or our quotation.
Effective Date: the date the contract enters into full effect as set out in the Confirmation Letter.
Email: the email address(es) specified in the Confirmation Letter to be hosted by us pursuant to the contract.
Force Majeure Event: any event arising which is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, failure of telecommunications networks or other utilities, governmental regulations, fire, flood, epidemic, disaster, civil riot or war).
Hosting Services: the hosting and related services to be provided as described in the Confirmation Letter or our quotation, as the case may be.
Intellectual Property Rights: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
Materials: the content, data, computer files or other materials provided to us by you from time to time for incorporation in the Site or for our use in providing the Services.
Non-Supplier Defects: those defects described in clause 23.3.
Order: your order for Services as set out in your purchase order form, or your written acceptance of our quotation, or overleaf, as the case may be.
Server: a computer server administered by us for the provision of the Hosting Services.
Services: the services to be provided pursuant to the contract, as set out in the Confirmation Letter or our quotation, including Web & email hosting services and Domain Name Registration Services and any other services which we provide or agree to provide to you.
Site: the website at the URL specified in the Confirmation Letter, or developments thereof, to be hosted by us pursuant to the contract.
Third Party Products: those third party software products set out in the Confirmation Letter.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
Visitor: a visitor to the Site.
- References to us/we/our means Room101 Limited, a company incorporated and registered in England with company number 10595710 whose registered office is at 86A Mayfield Avenue, London W13 9UX.
- References to you/your means the person, firm or company who purchases Services from us.
- Clause headings do not affect the interpretation of these terms and conditions.
- References to clauses are (unless otherwise provided) references to the clauses of these terms and conditions.
- Words in the singular include the plural and in the plural include the singular.
- A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
- References to including and include(s) mean respectively including without limitation and include(s) without limitation.
- References to content include any kind of text, information, image, or audio or video material which can be incorporated in a website for access by a Visitor to that website.
- Writing or written includes faxes and email.
BASIS OF CONTRACT
- The Order constitutes an offer by you to purchase Services in accordance with these terms and conditions.
- The Order shall only be deemed to be accepted when we issue written acceptance of the Order by sending you a Confirmation Letter at which point a binding contract is formed between us for the supply and purchase of those Services on these terms and conditions.
- Any examples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the contract or have any contractual force.
- These terms and conditions apply to the contract between us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Any quotation given by us shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
SCOPE OF THE PROJECT
- We shall use reasonable endeavours to provide the Services in accordance in all material respects with the description or specification of the Services set out in the Confirmation Letter or our quotation or as otherwise provided in writing by us to you.
- We shall use reasonable endeavours to meet the projected performance dates for the provision of the Services, but any such dates shall be estimates only and time shall not be of the essence of the contract.
- You acknowledge that our ability to provide the Services is dependent upon your full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of any Materials, information and data you provide to us. Accordingly, you shall provide us with access to, and use of, all Materials, information, data and documentation reasonably required by us for the performance of our obligations under the contract and provide reasonable assistance in obtaining co-operation, assistance and information from your other suppliers as we reasonably require.
- You shall be responsible for the accuracy and completeness of the Materials and for ensuring that all legal and contractual requirements are met.
- You shall comply with our reasonable instructions regarding specification of the equipment, browsers, operating systems and other software for compatibility of the Deliverables and effective operation thereof and regarding the format in which Materials are to be provided to us, unless we expressly agree otherwise in writing.
- If our performance of any of our obligations under the contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Your Default):
- we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of any of our obligations to the extent Your Default prevents or delays our performance of any of our obligations; and
- we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 4.4.
- If you are an individual, you warrant that:
- you are at least 18 years of age; and
- that you submit your Order in the course of business.
- You shall indemnify us and hold us and our directors, officers, employees, agents, contractors and representatives harmless from and against all claims, damages, losses, liabilities, costs and expenses (including legal fees and costs), incurred by us or any of our directors, officers, employees, agents, contractors and representatives arising as a result of your negligence, activities or omissions or breaches of your obligations or warranties under the contract.
CHARGES AND PAYMENT
- We may agree to spread the Charges over the estimated timescales of a project and, in this case, you shall pay us the pro rata proportion of the Charges that relate to the following month. Otherwise, we shall issue a VAT invoice in respect of the Charges in accordance with the payment plan set out in the Confirmation Letter or otherwise agreed by us in writing. You shall pay to us the Charges set out in our invoice within 30 days of the date of our invoice. Time for payment shall be of the essence of the contract.
- All Charges are exclusive of VAT.
- If you fail to pay any amount payable by you under the contract, we shall:
- be entitled, but not obliged, to charge you interest on the overdue amount. Such interest shall be payable by you forthwith on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of HSBC Bank plc. Such interest shall accrue on a daily basis and be compounded quarterly. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
- Suspend all Services until payment has been made in full.
- We shall perform the Services with reasonable care and skill.
- All conditions, warranties or other terms concerning the Services which might otherwise be implied into the contract or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
LIMITATION OF REMEDIES AND LIABILITY
- Nothing in these terms and conditions shall operate to exclude or limit our liability for:
- death or personal injury caused by our negligence; or
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- fraud; or
- any other liability which cannot be excluded or limited under applicable law.
- We shall not be liable to you for any:
- damage to software; or
- loss of actual or anticipated profits; or
- loss of contracts; or
- loss of revenues; or
- loss of the use of money; or
- loss of anticipated savings; or
- loss of business; or
- loss of opportunity; or
- loss of goodwill; or
- any indirect or consequential loss or damage,
in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.
- Subject to clause 7.1 and clause 7.2, our aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with the contract or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the sum insured under the insurance policy held by us in the insurance year in which your claim is first notified.
- We warrant that, to the extent we process any Personal Data on your behalf:
- we shall act only on instructions from you; and
- we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
- In this clause 12, Personal Data has the meaning given in the Data Protection Act 1998.
- We or you may terminate the contract immediately at any time by written notice to the other party if:
- that other party commits any material breach of its obligations under the contract which (if remediable) is not remedied within 30 days after the service of written notice specifying the breach and requiring it to be remedied; or
- that other party:
- ceases to trade (either in whole, or as to any part or division involved in the performance of the contract); or
- suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
- commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; or
- is the subject of a petition filed, a notice given, a resolution passed, or an order made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; or
- (being an individual) is the subject of a bankruptcy petition or order; or
- a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
- an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company); or
- the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver; or
- a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; or
- any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(b)(i) to clause 9.1(b)(ix) (inclusive).
- On expiry or termination of the contract for any reason:
- you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
- in the event of termination for breach by you prior to the expiry of any fixed term period then you shall pay us two thirds of the remaining Charges that would otherwise have become due during such fixed term period. This represents a fair pre-estimate of the loss of profit we would have suffered in those circumstances as for this period of time we would not be able to make appropriate alternative use of the resources we put in place to provide you with the Service;
- you shall return any and all Deliverables which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the contract;
- we reserve the right to retain possession of your Materials until all sums payable under clause 9.2(a) have been paid in full;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry; and
- all provisions of the contract shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
- If you or we wish to change the scope of the Services, the Site Specification (if applicable), the Charges or any other term of the contract, the party requesting the change shall submit details to the other in writing, following which we shall, within a reasonable time, provide a written estimate of:
- The likely time required to implement the change;
- Any variations to our Charges arising from the change;
- The likely effect of the change on any estimated timescales for completion of the Services, if applicable; and
- Any other impact of the change on the terms of the contract.
- If we request a change to the scope of the Services or, if applicable, to the Site Specification, you shall not unreasonably withhold or delay consent to it. If you wish us to proceed with the change, we have no obligation to do so unless and until you and us have agreed in writing on the necessary variations to the Charges, the estimated timescales and any other relevant terms of the contract to take account of the change
EVENTS BEYOND OUR CONTROL
- If you or we become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in you or us performing your or our obligations under the contract, you or we shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay will continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
- You and we undertake respectively that you and we shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under the contract and except as may be required by law, court order or any governmental or regulatory authority. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 12. Neither you nor us shall use any other party's confidential information for any purpose other than to perform its obligations under the contract.
- Any notice to be given by either party to the other may be delivered personally or may be sent by either e-mail, fax, pre-paid first class post, registered post or recorded delivery to the address of the other party as appearing in these terms and conditions or the Confirmation Letter as applicable or such other address as such party may from time to time have communicated to the other in writing, and if delivered personally shall be deemed to be served at the time of delivery or if sent by e-mail 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 pre-paid first class post, recorded delivery or registered post shall be deemed to be served two days following the date of posting. If deemed receipt under this clause 13 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), a notice is deemed to have been received when business next starts in the place of receipt
- We are confident of providing a high quality service in all respects. In the unlikely event that you have any concerns about the Services we have provided, please raise the issue by email to email@example.com or by post to Richard Fincher at our address set out in clause 1.2.
ASSIGNMENT AND SUBCONTRACTING
- Neither party may assign or transfer any of its rights or obligations under the contract without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. We may sub-contract or delegate in any manner any or all of our obligations under the contract to any third party or agent.
- These terms and conditions and the Letter of Confirmation and the documents referred to in the Letter of Confirmation constitute the entire agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us, whether oral or in writing, relating to the subject matter of the contract. In the event of any conflict between these terms and conditions and the Letter of Confirmation, the Letter of Confirmation shall prevail. Except as provided in this clause 16, neither you nor us shall have any remedy in respect of any untrue statement (whether written or oral) made to it on which it relied in entering into the contract (Misrepresentation), and neither you or us shall have any liability other than pursuant to the express terms of the contract. Nothing in these terms and conditions shall exclude or limit your or our liability for fraud. Your and our liability for Misrepresentation as to a fundamental matter, including as to a matter fundamental to that party's ability to perform its obligations under the contract, shall be subject to the limit set out in clause 7.3.
THIRD PARTY RIGHTS
- Except as otherwise provided in these terms and conditions, the contract is made for your and our benefit and is not intended to benefit, or be enforceable by, any other person.
VARIATION AND WAIVER
- A variation of the contract shall be in writing and signed by or on behalf of you and us.
- A waiver of any right under the contract is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
- Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.
- If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
GOVERNING LAW AND JURISDICTION
- The contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the contract.
INTERNET SERVICE HOSTING - ADDITIONAL PROVISIONS
SCOPE OF THE SERVICES
- We shall use reasonable endeavours to host the Site or your Email or both, as the case may be, from the Server.
- We provide a maximum amount of data transfer and bandwidth as set out in the Confirmation Letter and as notified by us to you from time to time. Excess data transfer is payable at a standard monthly rate, as notified to you from time to time. We reserve the right to suspend the performance of the Hosting Services for the Site or Email exceeding the limits performance of the Services until we agree an increased fee; and
- we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our suspension of the Hosting Services as set out in this clause 35.1.
- We cannot guarantee that we will be able to accommodate any upgrade to Hosting Services requested.
- You shall keep secure any identification, user name and password relating to its account and any credit card details and shall notify us immediately of any known or suspected unauthorised use of your account, or any suspected breach of security, including loss, theft or disclosure of your password information. You shall not store unencrypted credit card data on the Server.
- Where you use a third party product or service (eg PayPal/Worldpay for e-commerce) then your relationship is exclusively with the supplier of that product. Though we may introduce these products and services, it is solely your responsibility to inform yourself both as to the benefits and risks and to correct usage and the terms and conditions.
- Though we will notify you in writing if we reasonably believe that an order made via the Site is fraudulent, it is your responsibility to identify fraudulent orders and you shall notify us in writing of any order which is fraudulent and shall provide to us such evidence that the order is fraudulent as is reasonably required by us. We shall not be liable for any claims, damages, losses, liabilities, costs and expenses (including legal fees and costs) incurred by you as a result of such fraudulent orders.
- You shall notify us in writing if you wish to terminate our Hosting Services in accordance with clause 39 and we shall not be obliged to monitor or check that the Site or Email has been moved to you or another supplier.
THIRD PARTY PRODUCTS
- If applicable, Third Party Products shall be supplied in accordance with the relevant licensor's standard terms. The one-off licence fee for such Third Party Products is included in the Charges payable pursuant to clause 5.1.
LIMITATION OF REMEDIES AND LIABILITY
- Subject to clause 7:
- Subject to clause 7, you agree that it may be necessary for us to temporarily suspend the Services at any time between midnight and 6:00 am for a reasonable duration of time, without penalty or liability for any claim by you, for technical reasons or to maintain the Server, the Site or any network, equipment or any other facilities or at any time to prevent improper or unlawful use of the Server, the Site or the Services, the timing of such suspension will be determined by us.
- We do not guarantee that Hosting Services will be uninterrupted or error-free.
TERM AND TERMINATION
- The Contract shall commence on the Effective Date and shall, (subject to earlier termination pursuant to clause 9) and unless otherwise indicated on the Confirmation Letter, continue
- For email Hosting Services, until the date 12 months after the Effective Date and shall automatically renew for further periods of 12 months until terminated by you or us giving not less than 30 days' prior written notice to expire on the expiry date of the initial term or on the last day of any subsequent 12 month period; or
- For website Hosting Services:
- if you pay annually in advance, continue until the date 12 months after the date of Effective Date and shall automatically renew for further periods of 12 months until terminated by you or us giving not less than 30 days' prior written notice to expire on the expiry date of the initial term or on the last day of any subsequent 12 month period; or
- if you pay monthly in advance, continue on a monthly rolling basis until terminated by you or us giving not less than 30 days' prior written notice.
- On expiry or termination of the contract otherwise than on termination by us pursuant to clause 9.1, we shall provide such assistance as is reasonably requested by you in transferring the hosting of the Site to you or other service provider, subject to the payment of our expenses reasonably incurred.
- On expiry or termination of the contract for any reason whatsoever, it is your responsibility to ensure that alternative arrangements have been put in place and we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to put in place alternative arrangements on expiry or termination of the contract.
- If you wish to raise a complaint about abuse you have received pertaining to a domain name we manage (phishing scams, spam emails etc), please contact us at firstname.lastname@example.org with as much detail about the abuse. We will investigate your complaint as soon as possible.
DOMAIN NAME REGISTRATION - ADDITIONAL PROVISIONS
- The following definitions apply in this clause.
Domain Name: the domain name you instruct us to register on your behalf.
Initial Period: the time period, usually 1 or 2 years for which you are listed as Registrant commencing with the date of initial registration.
Master Agreement: the agreement or terms and conditions of the Registry.
Nominet UK Tag: alphanumeric string used to identify the source of e-mail messages to the Registry's automated computer process containing transactions to be applied to the .UK Register Database and is the means by which the Registry identifies us as being your agent
Registrant: the person, organisation or other legal entity which is listed as registrant by the global "WHOIS" service.
Registrant Details: the contact information provided to the Registry in connection with the registration of the Domain Name or the renewal of that registration.
Registry: organisation which maintains a global "WHOIS" database of domain names.
Renewal Period: the time period of 1 year or 2 years (depending upon type of name being registered) beginning on the expiry of the Initial Period or the expiry of any earlier Renewal Period.
UK Register Database: the database of domain names registered in the .co.uk, .org.uk, .net.uk, .ltd.uk and .plc.uk internet second level domains made and maintained by the Registry as the .uk Internet Top Level Domain Manager.
- Words and phrases defined in the Master Agreement have the same meanings when used in these terms and conditions.
DOMAIN NAME SERVICE
- We will request the Registry to make and maintain an entry in the global WHOIS database for the Domain Name. You hereby appoint and authorise us to act as your agent for the purposes of registering the Domain Name on your behalf.
- You hereby authorise us on your behalf:
- to enter into a contract between you and the Registry incorporating the Registry's applicable standard terms and conditions from time to time for the registration of the Domain Name; for example, in the case of a domain name ending in ".uk" this will be Nominet's Terms and Conditions as listed at www.nominet.org.uk/go/terms
- for the minimum registration period specified by the Registry to maintain the registration of the Domain Name on your behalf by promptly notifying the Registry of any change to the Registrant Details, by renewing the registration of the Domain Name, and by settling all fees charged by the Registry in connection with the registration, maintenance or renewal of that registration;
- to make any declaration on your behalf required by the Registry in connection with the registration or renewal of the registration of the Domain Name;
- to disclose to the Registry all written and unwritten communications to or from you. You do not authorise us to cancel the registration of the Domain Name or to transfer that registration to any third party. If you wish to change the Registrant Details, you shall notify us immediately and we will contact the Registry accordingly.
- The authorities contained in condition 41.2 shall continue for the duration of the Domain Name Registration Services and, during the period that we provide the Domain Name Registration Services, shall be irrevocable.
- You will be free to appoint or authorise any other person to register any other domain name with any Registry, but your doing so will not affect or revoke the authorities given in clause 41.2.
- We make no representation that any domain name requested to be registered or renewed is capable of being registered or renewed. You should not assume registration or renewal of your requested domain name(s) until you receive confirmation from the Registry of the registration or renewal. Any action taken by you before such confirmation is at your risk and we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your actions taken prior to our notification confirming registration or renewal.
- The registration or renewal and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority. You shall acquaint yourself with the terms and conditions and comply with them. We shall not be liable in respect of any refusal by any third party to register or renew a domain name or cancellation of the domain name by the relevant naming authority. Any Charges paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register or renew your desired Domain Name.
- 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 you and 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 shall not be obliged to take part in any such dispute.
- We give no warranty that a Domain Name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of the Domain Name.
- If you wish to change the Registrant Details of any Domain Name server provided to us, or if you request us to release the Domain Name registration from its association with the Nominet UK Tag:
- If all monies owed to us by you for the Domain Name Registration Services have not been received by us in full, we shall not be obliged to (but at our option may) make the requested change, or so release the registration; and
- where we agree to or are obliged to make a change in the registered details of any Domain Name server hosting the Domain Name or to release the Domain Name registration under condition 41.241.3(a), we must make the change or release the registration from its association with the Nominet UK Tag within 7 days after our agreement or your request, as the case may be.
- We shall not release your Domain Name to another domain name agent unless payment for that Domain Name and any other domain name registered by you has been received in full. You shall not sell any Domain Name for which payment has not been received by us or the Registry.
- We do not presently charge a domain name release or transfer fee. If there is any change to this policy will be notified 90 days before the expiry date of any domain(s) you may wish to transfer away.
- The registration may be renewed provided that the appropriate renewal fee is paid on or before the relevant renewal date. It your responsibility to ensure that an application to renew the Domain Name registration is made at least 30 days before the renewal date and to provide accurate and up to date contact details. Whilst we endeavour to send reminders of renewal dates, we do not guarantee to do so and shall not be liable if you fail to renew any registration by the due date for renewal.
- We may, at our option, instruct the Registry to invoice you direct for any fees due to the Registry.
- You shall give us prior written notice of any change of Registrant Details or other contact details, including address, email address, or person responsible for internet services within your organisation. We shall not be held responsible for any loss of domain name caused by your failure to respond to correspondence, or failure to inform us of any change in contact details.
- You are responsible for ensuring that you do not invalidate the registration, for example, by dissolving the company or limited liability partnership listed as Registrant.
- If you ask us to renew an existing Domain Name not registered by us, you warrant that it has been registered correctly and we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your breach of this warranty.
DEDICATED SERVER HOSTING
Acceptable Use Policy
- Terms of service from the INTERNET SERVICE HOSTING section are also applicable to Clients who host dedicated servers with Room101.
- Dedicated servers are hosted at the Room101 datacentre or datacentres. The location of these changes from time to time, and Room101 reserves the right to relocate a server belonging to the Client with a notice period of 90 days.
- The Client's server(s) must be designed to mount horizontally in a standard 19" rack case. No "tower" cases.
- The Client's server(s) must run a Room101 approved operating system, such as Linux or FreeBSD.
- Servers supplied by the Client MUST be wholly owned by the Client, and not the property of a 3rd party, be it a leasing company, or a customer of the Client's. Room101 reserves the right to see proof of title of any server hosted with us, on 7 days notice.
- The Client undertakes to insure the server adequately against faults or breakdown, and to ensure that an adequate hardware maintenance agreement is in place with the supplier of the server. (This would normally be an "on site" maintenance agreement)
- The Client agrees to take full responsibility for any data backups required, and Room101 accepts no liability for any loss of data, howsoever this may be caused, even if notice is given of the likelihood of such loss.
- Room101 undertakes to monitor the availability of all of the Client's servers for the duration of their location in the Room101 datacentre. Upon downtime occurring, designated automated action to be taken. Room101 agrees to provide reasonable telephone support between the hours or 8am and 8pm, 7 days per week, 364 days per year.
- Room101 guarantees 99% availability of service. In the event of unscheduled downtime of more than 15 minutes occurring in any particular day (according to Room101 monitoring service), an additional two service days will be added to the service provision termination date, for each qualifying day in which downtime occurred.
- Room101 will from time to time provide advice on updating the security and performance of the server, but this advice is provided "AS IS", and should not be taken as complete or authoritative.
- IP numbers remain the property of Room101 or their upstream provider(s), and can be used only for as long as the hosting agreement remains in force. IP numbers provided are subject to change with 30 days notice.
- Allowing or conducting the following activities is prohibited :
- Initiating or propagating 'chain' email or 'pyramid' emails, sending bulk or unsolicited emails, using their account as a maildrop for responses for any of the above.
- Sending any automated emails to a person after they have specifically requested that you do not mail them.
- Allowing their equipment to be used to relay mail for any third parties.
COMPLAINTS / CONTACTING US
- Please contact Room101 Ltd during office hours by phone on 020 3405 1101 or email at. Outside of office hours please email us at email@example.com. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days.
- In the unlikely event that you have a complaint to make about the service(s) you've received, this should be submitted by email to firstname.lastname@example.org, or by post to Richard Fincher, Room101 Limited, 60 Windsor Avenue, London SW19 2RR. You will receive a reply within 24 hours.