1 - Interpretation
1.1
"E Business Services" means "E Business Services Limited",
and the business "AutoDomains" owned and operated by "E
Business Services Limited".
1.2
"The Contract" means the Terms and Conditions herein,
and any additional conditions stipulated within the Service
Order.
1.3
"Service Order" means the application or order for the
Services that form an agreement between The Customer and
E Business Services.
1.4
"The Customer" means the individual or company who has
completed the Service Order and agreed to these Terms
and Conditions. Not excluding any authorised agent or
employee of that individual or company.
1.5
"Service(s)" means the Internet Services provided
to The Customer by E Business Services under the agreement
of a Service Order for the Service Order Period. Including,
but not limited to, Domain Name Registration, Web Site
Hosting, Web Site Development, E-Commerce Solutions and
Electronic Mail Services.
1.6
"Service Order Period" means the period for which an agreement
has been made for the provision of Service to The Customer
by E Business Services. Including the initial contract
and any agreed subsequent renewal or extension of that
Service Order.
2
- The Service
2.1
E Business Services agrees to provide The Customer with
the Services as described within the Service Order.
2.2
E Business Services will endeavour to provide a continual
level of Internet Services free from error or interruption.
However, it should be noted that it is not practical to
guarantee a service free from fault, and E Business Services
does not guarantee to do so.
2.3
The initial registration period for Domain Names is two
years from the date that the Registration Authorities
accept the application (unless otherwise specified). Thereafter,
the registration may be renewed indefinitely for further
periods of one or more years, upon payment of the renewal
fees.
2.4
The Services provided may require that The Customer has
suitable computing facilities to allow them to gain access
to the Services via the Internet. The Customer is responsible
for the provision and maintenance of any such computing
facilities.
2.5
The agreement by E Business Services to provide the Services
in the Service Order does not prohibit the suspension
or termination of the Services by E Business Services
in accordance with paragraph [8.1].
2.6
The agreement by The Customer to subscribe to the Services
in the Service Order does not prohibit the cancellation
of the contract by The Customer in accordance with paragraphs
[8.2], [8.3] and
[8.4].
2.7
E Business Services reserves the right to refuse Service
to anyone.
3
- Service Usage
3.1
The Services provided by E Business Services may only
be used for legal and lawful purpose. E Business Services
strictly prohibits the use of the Service for the storage,
transmission, receipt, preparation or use of material
which is Obscene, Menacing, Unlawful, Libellous, Unsolicited,
Harmful, Offensive, Threatening, Defamatory, or in Breach
of Confidence, Trademark or Copyright. In addition E Business
Services strictly prohibits the specific actions of Hacking,
E-Mail Spamming, Spoofing, Security Scanning and Electronic
Theft.
3.2
Failure of The Customer to adhere to the prohibitions
as described in paragraph [3.1] may
result in the immediate suspension or termination of the
Service Order by E Business Services in accordance with
paragraph [8.1].
3.3
E Business Services shall be the sole arbiter as to the
designation of materials as described in paragraph [3.1].
3.4
Customers of
E Business Services are bound by the Anti-Spam
Policy (Unsolicited Commercial Email).
4
- Charges
4.1
The Customer agrees to pay all charges for the Service
during the Service Order Period in an agreed manner as
described within the Service Order agreement. Including,
but not limited to - Charges for the Service which are
payable in advance, Charges for the Service which are
accrued and payable in arrears, Charges for additional
requested Services which do not form part of the original
Service Order.
4.2
The Customer shall pay subscription charges for the Service
to E Business Services by Monthly, Quarterly or Annual
payments by means of the payment method agreed in the
Service Order.
4.3
Where applicable - Set-up administration fees shall be
paid as part of the first payment made by The Customer
under the Service Order agreement.
4.4
Payment shall be due on the due date of invoice (unless
otherwise arranged).
4.5
Customers wishing to re-connect to the Service after suspension
will be charged a re-connection fee of £50, in addition
to the Service subscription charges, and any outstanding
Service fees.
4.6
Quarterly and Monthly subscribed Service Orders will be
renewed automatically until such time that The Customer
indicates their intention to cancel in accordance with
paragraphs [8.2], [8.3]
and [8.4].
4.7
E Business Services may elect to increase the Service
charge rate at any time by giving The Customer at least
30 days advance notice of the implementation of such change.
Usage of the Service by The Customer after the effective
date of the change will constitute acceptance of that
change by The Customer.
5
- Obligations
5.1
The Customer agrees that they will not take part in any
action that would be detrimental to the services provided
by E Business Services, its agents or its customers.
5.2
It is The Customers responsibility to ensure that they
Do Not disclose to any third party their passwords (whether
deliberately or by failing to keep them secure).
5.3
It is The Customers responsibility to ensure that they
Change their password frequently and use combinations
of Case, Letters, Numbers and Punctuation. E Business
Services will modify the Customers password at the Customers
request upon suitable proof of identification. The Customer
account holder will be notified that this change has occurred.
5.4
It is The Customers responsibility to ensure that they
immediately inform E Business Services if they have any
reason to believe that the security of their Service has
been compromised or that their password has become known
or is likely to become known by an unauthorised party.
E Business Services will modify the Customers password
in an effort to restore the security of the Service environment.
The Customer account holder will be notified that this
change has occurred.
5.5
It is The Customers responsibility to ensure that they
immediately inform E Business Services if their Contact
Details have changed.
6
- Guarantee & Refunds
6.1
All E Business Services "Web Hosting" plans are provided
with a 30 day, no quibble money-back guarantee. The Customer
will be given a full refund of all fees paid for that
contract, including set-up fees, but excluding fees paid
to third parties (such as Domain Name Registration fees)
- if The Customer notifies E Business Services that they
do not wish to continue with their Service Order - within
the first 30 days of that contract.
6.2
E Business Services maintains provisions to release customers
from contract without penalty, in circumstances where
The Customer is unduly affected by poor service, incurred
as a direct result of failings in the operating practices,
services or facilities provided by E Business Services.
6.3 E Business Services maintains provisions to compensate customers by way of refund, in circumstances where The Customer is severely affected by poor service, incurred as a direct result of failings in the operating practices, services or facilities provided by E Business Services.
7 - Enquiries & Complaints Procedure
7.1 If The Customer has any enquiries or complaints relating to the service provided by E Business Services, they should contact us in the first instance and clearly state the nature of the matter. E Business Services will acknowledge the enquiry (within 24 hours), and strive to resolve the matter within 5 working days. If an acceptable resolution cannot be found / or is not deemed to be acceptable by The Customer - E Business Services will endeavour to provide alternative solutions until a mutually acceptable resolution is attained.
8
- Termination
8.1
E Business Services reserves the right to effect the immediate
suspension or termination of the Service to The Customer,
without liability - in the event that The Customer breaks
any of the Terms and Conditions of this agreement. In
agreeing to the Terms and Conditions of the contract,
The Customer agrees to indemnify E Business Services against
all costs and matters arising or resulting from said suspension
or termination, and agrees to the immediate payment to
E Business Services of any and all outstanding fees relating
to the provision of Services for the full term of the
Service Order Period - save for any refund as described
in paragraphs [8.3.1], [8.3.2]
and [8.3.3] for "Web Hosting" and
"Email" Services.
8.2
The Customer may cancel or surrender the subscription
to the Service at any time by giving E Business Services
seven days written notice of their desire to cancel, as
described in paragraphs [12.1] and
[12.2].
8.3
In the event of cancellation by The Customer, The Customer
agrees to the immediate payment to E Business Services
of any and all outstanding fees relating to the provision
of Services for the full term of the Service Order Period
- save for any refund as described in paragraphs [8.3.1],
[8.3.2] and [8.3.3]
for "Web Hosting" and "Email" Services:
8.3.1
In the case of subscription to a Monthly Service Order
Period: No Refund will be made.
8.3.2
In the case of subscription to a Quarterly Service Order
Period: The Customer will be refunded fees equal to
one half of the Quarterly subscription Fee - excluding
set-up fees and charges for overages, if The Customer
has not exceeded 45 days of their Quarterly subscription
period. Otherwise No Refund will be made
8.3.3
In the case of subscription to a Annual Service Order
Period: The Customer will be refunded fees equal to
one half of the Annual subscription Fee - excluding
set-up fees and charges for overages, if The Customer
has not exceeded 180 days of their Annual subscription
period. Otherwise No Refund will be made.
8.4
In circumstances where E Business Services has altered
the conditions of Service Order, the Service or the Service
charge - The Customer may elect to cancel the Service
Order without penalty - within 30 days of the notice of
change from E Business Services. In such instances the
Customer shall be liable for advance and accrued charges
up to the notice expiry date. E Business Services will
repay or refund any advance fees that have been paid for
the period between the notice expiry date and the Service
Order Period end date.
9
- Liability
9.1
E Business Services will operate with the reasonable skill
and care of a competent Internet Presence Provider. E
Business Services shall not be liable to The Customer,
its customers, employees or agents - for any direct, indirect
or consequential loss of actual or anticipated - revenue,
profits, business, trade or goodwill - that is suffered
as a result of the use of the Service provided by E Business
Services.
9.2
By accepting the agreement The Customer acknowledges that
E Business Services make no warranties whatsoever - expressed
or implied for the merchantability or fitness for a particular
purpose of the Service provided. In so doing the Customer
agrees that it will defend, indemnify, save and hold E
Business Services harmless from any and all demands, liabilities,
losses, costs and claims asserted against E Business Services,
its customers, employees or agents for Services provided,
performed or agreed to be performed.
9.3
E Business Services does not accept any responsibility
for the use of any Domain Name on the Register of UK or
International Domain Names and in particular for any conflict
with trade marks, registered or unregistered, or with
rights to names in other contexts. The Customer is advised
to seek legal advice on this matter if they are unsure
as to their entitlement to the registration of a particular
Domain Name.
9.4 The Domain Registrant (The Customer) is bound by the governing terms found within the Nominet Terms and Conditions of Domain Name Registration for .UK domain names. For all other domain registations The Customer is bound by the Domain Registration Agreement (Exhibit A) and the ICANN Uniform Dispute Resolution Policy .
10
- Restriction of Assignment
10.1
The Customer shall not sell, resell, sub-lease or transfer
the Services provided by E Business Services, unless under
prior agreement with E Business Services.
11
- Variation
11.1
Occasionally E Business Services may alter the technical
specification of the Services.
11.2
Occasionally E Business Services may be required to suspend
part or all of the Service to The Customer whilst essential
upgrades, repairs or maintenance is undertaken.
Customers
may subscribe to early notification of these planned changes
in service by sending an e-mail to
service-news@eBizs.net.
12
- Notices
12.1
Any notice to be given in writing by either party shall
be deemed to have been duly served if delivered personally
or sent by pre-paid first class post to the postal address
of the other party.
Address
for Notices
E Business Services Limited
62 St. Mary's Road
Ealing
London
W5 5EX
United Kingdom.
12.2
Written notice may also be served by faxing the E Business
Services customer service facility on +44 (0) 845 127
4251. Provided that it is sent on letter headed company
paper (where applicable) and signed by The Customer account
holder.
12.3
The Customer may provide immediate notification of their
desire to cancel by sending an e-mail to
customer-notice@eBizs.net, or by telephoning the E
Business Services customer service facility on +44 (0)
20 8432 4091. Notice given under these methods will be
accepted as notice to cancel - providing written instruction
is also received within the seven-day cancellation period.
13
- Applicable Law
13.1
The Terms and Conditions of the agreement between The
Customer and E Business Services are governed by English
Law and shall be subject to the sole jurisdiction of the
English courts.
The Terms and Conditions as set out in this document
do not affect your statutory rights.
Document
Version: EBIZSTAC200808A