Introduction
By
proceeding with the purchase of this Resolved IT product ('the Product') you
agree to be legally bound by:
the terms
and conditions ('the Terms') set out below with immediate effect. If you do not
agree to be legally bound by all the following terms please do not continue
with this purchase; and
the terms
and conditions of Nominet which can be found by
clicking on the following link: http://www.nominet.org.uk/nominet-terms . This is a separate contract
independent of your agreement with Resolved IT.
Resolved
IT may update these terms at any time by posting changes online. Please review
these terms regularly to ensure you are aware of any changes made by the Resolved
IT. Your continued use of dominxx.co.uk after changes are posted means you
agree to be legally bound by these terms as updated and / or amended.
Unless
expressly stated in writing by Resolved IT all fees and charges set out in
these Terms are inclusive of VAT.
Basis of purchase
The order
placed by the Customer constitutes an offer to purchase the Product and acquire
the Services subject to these Terms. The order will lapse unless
unconditionally accepted by Resolved IT within 7 days of its date.
No
variation to the order or these Terms shall be binding unless agreed in writing
between the authorised representatives of the Customer and Resolved IT.
Provision of services
The
Customer will have the benefit of the full range of Resolved IT's services
('the Services') as listed on uk.mrsite.com under the
relevant column for the product they purchase - the services are detailed
at on our shop page. The Services include web
design, domain name, email, anti-virus protection and support.
Resolved
IT can only provide you with a refund if it’s requested within the 30 day
refund period, minus £10 for the cost of your domain name, which is a
non-refundable purchase.
The
Services are provided to the Customer (Classic) for a current fee of £72
inclusive of VAT for one year (there is an additional fee to cover the costs of
post and packing where applicable). At the expiration of one year the Customer
can renew the Services provided by Resolved IT for the current fee of £72
including VAT paid annually in advance.
The
Customer may, at any time, transfer their Website domain name away from Resolved
IT to an alternative hosting solution, providing that the customer has no
outstanding debts with Resolved IT. Resolved IT is not responsible for any third
party charges incurred by transferring a domain name away from Resolved IT. Resolved
IT will charge a one off fee of £15 including VAT to transfer the domain name
to an alternative hosting company to cover administrative costs.
Domain
names registered using Resolved IT are final and cannot be changed. Any changes
will require the registration of a new domain name at a current cost of £10
including VAT per domain name registered for one year from the date of
registration.
If the
Customer does not renew the Services the domain name will expire. Resolved IT
excludes liability for any loss of profit caused to the Customer by the
expiration of the domain name as a result of the Customer's failure to renew
the Services.
Resolved
IT excludes liability for any loss of profit caused to the Customer by the
expiration of the domain name as a result of a technical fault or any other
fault caused by any third party.
Resolved
IT excludes liability for any loss of profit caused to the Customer by the
expiration of the domain name as a result of a technical fault of any other
fault caused by the negligence of Resolved IT.
Resolved
IT reserves the right to adjust the cost of the Services at any time.
Renewals
of domain names will be sent to customers up to 30 days prior to renewal.
This will
be a reminder/notification to the registered email address when purchasing the
domain name. Domain names will not be automatically renewed.
Availability
The
Customer acknowledges that Resolved IT's systems, servers and equipment may from
time to time be inoperative or only partly operational as a consequence of
mechanical breakdown, maintenance, hardware or software upgrades,
telecommunication connectivity problems or other causes outside its control.
In the
event of any such interruptions Resolved IT will notify the Customer by email
as soon as reasonably practicable of any such interruptions to its ability to
provide the Services.
Resolved
IT agrees to rectify faults or problems and to restore the system to full
operational capacity as soon as reasonably practicable.
Subject
to Resolved IT's compliance, Resolved IT excludes liability for any loss of
profit caused to the Customer as a result of the system not being fully
operational.POP3 and SMTP services on the Customer's domain name is available
only during the Customer's period or subscription to the Services.
Limited liability
Resolved
IT gives no condition, warranty, or undertaking, and makes no representation to
the Customer about the suitability of, or fitness of the Services for the
Customer's purposes other than those conditions, warranties, undertakings or
representations expressly set out in these Terms.
With the
exception of any rights which the Customer may have under applicable law in all
warranties, conditions and other terms implied by statute or common law (save
for the conditions implied by section 12 of the Sale of Goods Act 1979) are
excluded from the Terms to the fullest extent permitted by law.
Nothing
in these Terms excludes or limits the liability of Resolved IT for:
death or
personal injury caused by Resolved IT's negligence; or
from further
fraudulent misrepresentation or fraud.
Subject
to clauses (ii) and (iii):
Resolved
IT's total liability in contract, tort, (including negligence or breach of
statutory duty), misrepresentation or otherwise, arising in connection with the
performance or contemplated performance of these Terms shall be limited to the
fees received in relation to the Services; and
In no
event shall Resolved IT be liable to the Customer whether arising under these
Terms or in tort (including negligence or breach of statutory duty),
misrepresentation or however arising, for any Consequential Loss.
'Consequential Loss' shall for these purposes mean (i)
pure economic loss (ii) losses incurred by any customer of the Customer or
other third party (iii) loss of profits (whether categorised as direct or
indirect) (iv) losses arising from business interruption (v) loss of business
revenue, goodwill, anticipated savings (vi) losses whether or not occurring in
the normal course of business, wasted management or staff time (viii) loss or corruption
of data.
Customer Content
Resolved
IT will not be responsible for the accuracy and / or functionality of the
material created or supplied by the Customer to Resolved IT ('Customer
Content') in the form in which it is provided by the Customer or as modified
upon and in accordance with the Customer's instructions for inclusion on the
website.
Resolved
IT will not be responsible for the Customer's failure to fulfil any orders
placed for those goods or services being sold or promoted by the Customer on
its website.
If Resolved
IT reasonably forms the view that the Customer Content of any website may be
pornographic, defamatory, misleading or deceptive or otherwise in breach of any
third party's rights or in contravention of applicable law, including breach of
any third party intellectual property rights, Resolved IT may without prior
notice or any liability remove that Customer Content from the website and shall
within 24 hours thereafter notify the Customer of its removal.
With
reference to clause (iii) above the Customer agrees to take all reasonable
steps to ensure they are not in breach of any third party intellectual property
rights by, including but not exclusively limited to, the illegal use of
commercial songs on their MP3 players and / or by the unauthorised use of
copyright works and / or by the unauthorised use of any registered intellectual
property rights.
The
Customer shall indemnify and hold harmless Resolved IT and its affiliates,
employees, agents, contractors, directors, officers and third party providers
from all liabilities, demands, costs and expenses (including legal expenses)
arising in connection with any Customer Content including but not limited to
the posting and / or transmission of Customer Content on the website.
Resolved
IT cannot accept responsibility for a customer’s position in search engine
results and will not be held accountable for the effect any changes to the
website made by us or made by the customer may have on it.
Ownership
Resolved
IT agrees that the Customer will own all the intellectual property rights in
the Customer Content of the website.
The
Customer will have sole responsibility for the use of any third party
intellectual property rights included on the Customer's website and in the
Customer Content. The Customer agrees to take all reasonable steps to ensure
that the use of any third party intellectual property rights has been
authorised and is not in contravention of any applicable law.
Any
intellectual property rights owned by either party and required for the
performance by the other party of its obligation under these Terms or the use
of the website by the Customer shall be licensed to that other party on a
non-exclusive, irrevocable, royalty free basis for the period during with the
use of those rights by that party pursuant to these Terms is required.
Neither
party shall grant a sub-licence under the licences created without the prior
written consent of the other party, such consent not to be unreasonably
withheld or delayed.
Termination
Resolved
IT may terminate the Services by notice in writing to the Customer in the event
that:
the Customer
fails to pay the amount due to Resolved IT and does not make that payment
within 7 days after receiving notice requiring the client to do so;
the
Customer fails to perform any of the obligations on its part to be observed or
performed pursuant to these Terms and such failure is not remedied by the
Customer within 14 days after receipt of it of a notice in writing requiring
the default to be remedied;
any of the
warranties or representations made by the Customer are false or inaccurate in
any material way.
The
Customer may request in writing that the domain name be transferred to an
alternative hosting company, thereby terminating the Services, provided that:
the Customer
has no outstanding debt due to Resolved IT; and
the Customer
pays Resolved IT a fee of £15 for the costs transferring the domain name
incurred by Resolved IT
Either
party shall be entitled to terminate the Services provided immediately by
notice in writing to the other if the other party shall:
commit any
material breach of any of its obligations under these Terms which (in the case of
a breach capable of being remedied) shall not have remedied within 14 days
after receipt of written request so to do;
pass a
resolution for winding up (otherwise than for the purpose of a bona fide scheme
of solvent amalgamation or reconstruction) or a court of competent jurisdiction
shall make an order to that effect;
have an
administrator appointed or documents are filed with the court in respect of
such appointment or notice is served of an intention to appoint an
administrator by that party or its directors or by a qualifying floating charge
holder as provided in the Insolvency Act 1986, paragraph 14 Schedule B1;
make any
voluntary arrangement with its creditors or become subject to an administration
order;
have a
receiver or manager or similar official appointed over the whole or substantial
part of its undertaking or assets of such party;
cease or
threaten to cease to carry on business; and
have any
similar event occur under law of any other jurisdiction in respect of it.
Equipment and access
The Customer
must provide, at its own cost, telecommunications services, computers and other
equipment or services necessary to enable it to have access to the Services.
The Customer must comply with all the rules and regulations that apply to the
communications means by which the Customer obtains access to the Services.
Personnel and subcontractors
Resolved
IT may in its absolute discretion sub-contract the performance of any of its
obligations under these Terms.>
Warranties
Each
party warrants to the other that;
it has the
authority to perform its obligations under these Terms; and
it has the
ability to perform its obligations under these Terms.
Resolved
IT warrants to the Customer that the Services:
will be
provided by appropriately qualified and experienced personnel using all
reasonable care and skill;
will not
knowingly infringe the Intellectual Property rights of any third party
The
Customer warrants to Resolved IT that:
the use by Resolved
IT of any works or materials submitted by the Customer to Resolved IT under
these Terms will not infringe the rights of any person or contravene any law;
it is
solely responsible for communicating with persons who access its websites or
other sites and that it will not divert any complaints or concerns to Resolved
IT.
11.4 Resolved
IT shall not be liable for defects resulting from improper use of the Services
by the Customer or by another third party.
Indemnity
Each
party ('the first party') indemnifies and undertakes to keep indemnified the
other party, its officers, employees, contractors and agents ('the second
party') against any costs or expenses (including the cost of any settlement)
arising out of any claim, action, proceeding or demand that may be brought,
made or prosecuted against the second party any person arising out of or as a
consequence of an unlawful or negligent act or omission of the first party, its
officers, employees or agents in any way connected with these Terms arising
from any failure of the first party to comply with these Terms or otherwise.
The
indemnity extends to and includes all costs, damages and expenses reasonably
and properly incurred by the second party in defending any such action,
proceeding claim or demands.
Confidential Information
Each
party may use the Confidential Information of a disclosing party only for the
purposes of these Terms and must keep confidential all Confidential Information
of each disclosing party except to the extent (if any) the recipient of any
Confidential Information is required by law to disclose the Confidential
Information.
Each
party may disclose Confidential Information of the other party to those of its
employees and agents who have a need to know the Confidential Information for
the purposes of these Terms but only if the employee or agent executes a confidentiality
undertaking in a form approved by the other party.
All
documents and other materials containing Confidential Information of either
party will be returned to that party immediately upon termination of the
Services
The
parties' obligations to keep information confidential will survive the
termination of the Services.
The
obligations of confidentiality do not extend to information that:
is or
becomes public knowledge (otherwise than as a result of a breach of these
Terms); or
is required
by law to be disclosed
Force Majeure
'An event
of force majeure' means, in relation to either party, an event or circumstance
beyond the reasonable control of that party including (without limitation) any
act of God, inclement weather, failure or shortage of power supplies, flood,
drought, lightning or fire, strike, lock-out or trade dispute or labour
disturbance, the act or omission of government, highway authorities or any
telecommunications carrier, operator or administration or other competent
authority, the act or omission of any Internet service provider, war, military
operations, act of terrorism or riot, delay or failure in manufacture,
production or supply by third parties of equipment or services.
The party
suffering the event of force majeure shall not be deemed to be in breach of
these Terms or otherwise liable to the other party for any delay in performance
or any non-performance of any obligations under these Terms (and the time for
performance shall be extended accordingly) if and to the extent that the delay
or non-performance is due to an event of force majeure.
If the
event of force majeure in question prevails for a continuous period in excess
of 3 months after the date on which it began, the other party may give notice
to the party suffering the event of force majeure terminating the Services. The
notice to terminate must specify the termination date, which must be not less
than 30 clear days after the date on which the notice to terminate is given.
Once a notice to terminate has been validly given, these Terms will cease to be
operative from the termination date set out in the notice.
Enforceability
If any
provision of these Terms is prohibited by law or judged by a court to be
unlawful, void or unenforceable, the provision shall, to the extent required,
be severed from these Terms and rendered ineffective as far as possible without
modifying the remaining provisions of the Terms, and shall not in any way
affect any other circumstances of or the validity or enforcement of the
remaining Terms.
Alternative Dispute Resolution
All
disputes at any time arising between the parties that cannot be resolved by
negotiation may be referred to an expert in accordance with the remaining
provisions of this clause.
The
expert shall have appropriate qualifications and practical experience to
resolve the particular dispute and be agreed by the parties or in the event of
failure to agree shall be appointed by the President for the time being of the
British Computer Society.
The
parties shall promptly furnish to the expert all information relating to the
particular dispute reasonably requested by him, imposing appropriate
obligations of confidence.
The
expert shall be required by the parties to use all reasonable endeavours to
render his decision within 30 days following his receipt of the information
requested or if this is not possible so soon thereafter as may reasonably be
practicable and the parties shall co-operate fully with the expert to achieve
this objective.
The
parties shall share equally the fees and expenses of the expert. The decision
of the expert shall be final and binding upon each of the parties.
For the
avoidance of doubt the provisions of this clause provides for a form of
advanced dispute resolution and is not a reference to arbitration.
Conflict of Terms
Except as
otherwise expressly provided in these Terms in the event of any conflict
between these Terms and the standard terms and conditions of the Customer these
Terms shall prevail.
Law and Jurisdiction
Under
these Terms any dispute, controversy, proceedings or claim of whatever nature
arising out of or in any way relating to it or its formation, shall be governed
by and construed in accordance with the laws of England.
The
parties irrevocably submit to the exclusive jurisdiction of the courts of
England to hear and determine any suit, action or proceedings or settle any
disputes arising out of or in connection with these Terms and to enforce any
judgment against their respective assets.
Exclusion of Third Parties
The
Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and
no person other than the parties to these Terms shall have any rights under it,
nor shall it be enforceable under that Act by any person other than the parties
to it.
Complaints
Resolved
IT is committed to providing the highest standard of customer service to all
our customers. However, in the unlikely event of a problem or complaint, we
will do everything possible to ensure it is dealt with quickly and fairly. Time to respond will be in 5 working days from
receipt of complaint.
Not a Resolved
IT customer?
If you are not a Resolved IT customer and have a complaint relating to any
third party (for example relating to the content of a website hosted by a Resolved
IT customer). Our customer support agents will be unable to assist you
directly.
Please
send details of your issue or query to our misuse team web@edisc.co.uk
Submitting
a complaint via email – web@edisc.co.uk
By
Telephone
Please contact us on 07790739466 and speak to someone
from the department you feel is most relevant to your complaint, technical
support, billing, sales etc. If our Support agents are unable to resolve your
complaint, they will refer your complaint directly to their manager. Upon
receipt of your complaint, the relevant manager will investigate the complaint
and contact you directly, alternatively we may arrange for one of our Customer
Relations Managers to contact you if the departmental manager is not readily
available.
In
writing
We can also be contacted in writing, at the address
below:
Resolved
IT Customer Care
31 Lower London road
Edinburgh
EH7 5TE
United
Kingdom
Please
include your account number and as much detail as possible in your request, so we
can fully investigate your concerns before contacting you.
If we
don't resolve your concerns first time
If you feel we have been unfair or unreasonable in
addressing your concerns, you can ask for your complaint to be referred to our
Customer Service Manager for further review.
http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/three-way-contract
http://registrars.nominet.org.uk/registration-and-domain-management/registrar-agreement