Datadial Terms and Conditions
By submitting an order for service (electronically or otherwise) you accept and agree to be contractually bound by these terms, furthermore Your continued use of any of our services or products constitutes your acceptance of our terms and conditions set forth herein
1. GENERAL TERMS APPLICABLE TO ALL SERVICES
1.1 Introduction and Definitions
1.1.1 We are Datadial Ltd. Our registered office is at 8 Glenthorne Mews, 115a Glenthorne Road, Hammersmith, London W6 0LJ Our VAT Number is .GB710583065
1.1.2 You can contact us by email on [email protected] +44 (0) 20 8600 0500
Fax +44 (0) 020 8600 509, website www.Datadial.net
1.1.3 These terms and conditions (?T&Cs?) apply to the agreement between us and the individual or organisation applying (whether or not through an agent) for the provision of our Services (?you?).
1.1.4 You should read this section 1 , which applies to all Services, together with the section that relates to the particular Services you are ordering. All clauses in both sections apply even if they have the same or similar headings.
1.1.5 We explain in the headings what each clause covers. These headings are for guidance only and are not legally binding.
1.1.6 We refer in these T&Cs to certain other documents which form part of this agreement. Please tell us if you can?t access those documents on the Internet and we will be happy to supply copies.
1.1.7 These T&Cs take precedence if inconsistent with any material on our website.
1.1.8 The following words and expressions shall have the following meanings:
?AUP? means our acceptable use policy
?ccTLD? country code top level domain (e.g. .uk, .de, .au)
“CF” refers to the Datadial Company Formation Service
?Contract Schedule? means the document with that title
?Data? includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form;
?DNS? domain name server
?Exceptional Circumstances:? occur where we consider that:
1.2 Changes to the T&Cs
1.2.1 We may need to change the T&Cs and / or the specifications of the Services. If so, we will post notice on our website at least 30 days (or a lesser period if practicable) before the change takes effect. Please check our site constantly. New contracts will be governed by the T&Cs that are current at the time you make a contract with us.
1.2.2 If you have signed a contract with us, amendments to that contract will only be binding if both parties agree to the amendments in writing.
1.2.3 Any renewal of our Services or of domain names or any part of the Services provided periodically will automatically be subject to our then current T&Cs.
1.3 Right to cancel under and information required by Distance Selling Regulations
1.3.1 This clause 1.3 applies to you only if you are a ?consumer? as defined in the Consumer Protection (Distance Selling) Regulations 2000 (http://www.dti.gov.uk/cacp/ca/policy/distanceselling/newregs.htm).
1.3.2 You may cancel your order by giving us written notice within 7 working days of placing your order. Within 30 days of your notice, we will credit payments by bank transfer. However, this right of cancellation does not apply once performance of our Services has begun. Please note that we begin to perform certain Services, such as registration or renewal of certain domain names (including gTLD and .uk ccTLD) and website hosting services, immediately after you place your order. Nor does the right of cancellation apply in relation to software, which has been unsealed.
1.4 Ambit of Services
1.4.1 We agree to supply the Services with all due professional care and skill and without negligence and where relevant in accordance with the applicable SLA.
1.4.2 however, we are unable to guarantee:
188.8.131.52 that the Services will be uninterrupted, secure or error-free or;
184.108.40.206 that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all; or
220.127.116.11 that particular results will be achieved or that any results will be accurate or reliable.
1.4.3 we may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
1.5.1 The Services include support only insofar as we have agreed to supply support to you. If we have agreed to provide support we will use reasonable endeavours to meet any specified response times and to rectify specified faults or problems but do not guarantee that response times or rectification will be achieved.
1.5.2 we shall not in any event be obliged to supply support:
18.104.22.168 in respect of faults or problems directly or indirectly arising from:
22.214.171.124.1 incorrect use of the Services;
126.96.36.199.2 products or services not supplied by us; or
188.8.131.52.3 any cause external to the Services;
184.108.40.206 where you are using anything other than the most recent version of, any relevant software
220.127.116.11 where you or any third party not authorised by us has modified the relevant software or attempted to resolve the problem; or
18.104.22.168 if any fees due to us are unpaid.
1.5.3 any support, which we agree to supply, in addition to that covered by this agreement shall be charged at our then current standard rates or as agreed.
1.6 EXCLUSIONS AND RESTRICTIONS OF OUR LIABILITY TO YOU
1.6.1 THIS CLAUSE 1.6 (AND ANY OTHER CLAUSE EXCLUDING OR RESTRICTING OUR LIABILITY) APPLIES TO OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS TO US.
1.6.2 NOTHING IN THIS AGREEMENT IN ANY WAY EXCLUDES OR RESTRICTS OUR LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY, FOR FRAUDULENT MISREPRESENTATION, OR FOR ANYTHING, WHICH MAY NOT LEGALLY BE RESTRICTED. NOR DOES IT AFFECT CONSUMERS? STATUTORY RIGHTS.
1.6.3 OUR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY ONE EVENT OR SERIES OF RELATED EVENTS IS LIMITED TO 125% OF THE FEE WE RECEIVED FOR THE RELEVANT SERVICE IN THE 12 MONTHS BEFORE THE EVENT(S) COMPLAINED OF.
1.6.4 IN NO EVENT (INCLUDING OUR OWN NEGLIGENCE) WILL WE BE LIABLE FOR ANY:
22.214.171.124 ECONOMIC LOSSES (INCLUDING, WITHOUT LIMIT, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);
126.96.36.199 LOSS OF GOODWILL OR REPUTATION OR
188.8.131.52 SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES.
1.6.5 IN NO EVENT MAY YOU BRING ANY CLAIM AGAINST US MORE THAN 12 MONTHS AFTER YOU KNEW OF (OR OUGHT REASONABLY TO HAVE DISCOVERED) THE EVENT(S) GIVING RISE TO THE POTENTIAL LIABILITY.
1.6.6 WE HAVE NO LIABILITY FOR ANY THIRD PARTY GOODS AND SERVICES OR TOWARDS THIRD PARTIES GENERALLY.
1.6.7 TO THE EXTENT ALLOWED BY LAW, WE EXCLUDE ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY LAW OR OTHERWISE, THAT ARE NOT EXPRESSLY STATED IN THIS AGREEMENT INCLUDING, WITHOUT LIMIT, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
1.7 INDEMNITY (I.E. YOUR RESPONSIBILITY TO REIMBURSE US OR NAMING AUTHORITIES IF SUED BY THIRD PARTIES)
1.7.1 YOU WILL INDEMNIFY US AND ALL NAMING AUTHORITIES (INCLUDING OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES) AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE LEGAL FEES) DIRECTLY RELATED TO YOUR REGISTRATION OF OR USE OF YOUR DOMAIN NAMES, YOUR USE OF THE SERVICES OR BREACH BY YOU OF THIS AGREEMENT.
1.7.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VERISIGN (VNDS), AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES ARISING OUT OF OR RELATING TO THE REGISTERED NAME HOLDER’S DOMAIN NAME REGISTRATION.
1.8.1 You must pay the fees (together with VAT and any applicable taxes) specified in our Costs Proposal current when you order or renew any Services.
1.8.2 Payment may be in 30, 60, 90 day terms depending on contract agreement and made:
184.108.40.206 online by credit card in advance; or
220.127.116.11 within terms specified on our invoice if we agree to charge by invoice; or
18.104.22.168 by any other method that we specifically agree in the Contract Schedule or Costs Proposal
1.8.3 Payment must be made without deduction or set-off and time for payment shall be of the essence.
1.8.4 We may charge interest on overdue sums (both before and after judgment) at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
1.8.5 All fees are non refundable unless otherwise stated.
1.9 Your obligations and representations
1.9.1 You represent that you have power and authority to enter into this agreement.
1.9.2 You must comply with our reasonable instructions and requests concerning the Services.
1.9.3 You must provide us with all of your up to date contact details (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
1.9.4 You are responsible for all persons who use your password or security phrase to access the Services, whether authorised or not, unless acting on our behalf.
1.9.5 You warrant that your use of the Services will not infringe any third party intellectual property or other rights.
1.9.6 There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination. It is your responsibility to frequently back-up all such Data that you wish to save (excluding any Services that specifically include a back-up capability).
1.10.1 You must:
22.214.171.124 keep your username, password and security phrase secure (and we may change these at any time for good reason);
126.96.36.199 if requested use your password or security phrase when giving instructions (and we are authorised to comply with instructions containing your password or security phrase);
188.8.131.52 take reasonable steps in respect of matters in your control to minimise any risk of security breaches in connection with the Services e.g. by promptly implementing security patches;
184.108.40.206 notify us of any security breaches; and
220.127.116.11 comply with our security checks.
1.11.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:
18.104.22.168 in the event of Exceptional Circumstances concerning that Data;
22.214.171.124 if we are required to do so by Regulation or competent authority; or
126.96.36.199 it is otherwise permitted under this agreement.
1.12 Personal Data
1.12.1 Datadial Limited respects the privacy of the users of our Services and Website.
1.12.2. We adhere to a strict “no-spam” policy, meaning that you must sign up for one of our Services or request information from us before you receive any e-mail communication from us.
1.12.3. We will not sell, rent or loan any personal data regarding our customers to another company or entity for marketing purposes.
1.12.5. We apply the data protection principles found in the Data Protection Act 1998 (“the Act”).
1.13 Term / termination / suspension
1.13.1 Unless specified in the Contract Schedule all Services paid for annually or monthly will be provided for initial contract periods of 12 months or 30 days respectively. If you do not provide written notice to cancel at least 90 days before the end of the initial or any later period in the case of a 12 monthly contract or 30 days before the end of the initial or any later period in the case of a monthly agreement, the Services will rollover for further 12 month or 30 day periods respectively. (This sub clause does not apply to domain names or hosting services ? see section 2 below).
1.13.2 You or we may terminate this agreement (as regards some or all of the Services) immediately on written notice if the other:
188.8.131.52 commits a material breach of this agreement and, if remediable, having received from the other party written notice stating the intention to terminate the agreement if not remedied, fails to remedy the breach within 14 days; or
184.108.40.206 is subject to a resolution for winding up or a petition for bankruptcy or liquidation or proposes or enters any arrangement or composition with assignment with or for creditors or a receiver or liquidator or trustee in bankruptcy is appointed over it or any of its assets or any similar circumstances.
1.13.3 We may also terminate this agreement (as regards some or all of the Services) and/or suspend some or all of the Services (including our declining to co-operate generally with you) immediately on written notice:
220.127.116.11 in the event of Exceptional Circumstances;
18.104.22.168 if you have otherwise breached this agreement including non-payment;
22.214.171.124 if we are required to do so by Regulation or competent authority; or
126.96.36.199 it is otherwise permitted under this agreement.
1.13.4 Subject to 188.8.131.52 below the consequences of termination of this agreement or suspension of Services for any reason may include the following:
184.108.40.206 we will immediately stop supplying, and will terminate access to, the relevant Services – this may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data;
220.127.116.11 all licenses granted by us terminate;
18.104.22.168 any fees due remain payable and, if already paid, will be non-refundable unless:
22.214.171.124.1 you have cancelled this agreement in accordance with the Distance Selling Regulations and subject to clause 1.3; or
126.96.36.199.2 we have terminated this agreement under clause 1.13.2 or 1.13.3 (excluding domain registration and renewal fees paid to registries);
188.8.131.52 save that where you have terminated the contract with proper notice and have not been in breach (1.13.2) or we have not terminated in the circumstances listed in 1.13.3 above we will use reasonable endeavours in cooperation with you to preserve and transfer to you any of your Data during the relevant notice period and accrued rights and liabilities will be unaffected; and
184.108.40.206 any termination of part of a bundled package of Services will terminate the entire bundle; however we may in our discretion allow you to convert certain of the bundled Services to stand-alone Services (Please note that if the non-terminated part of the bundle comprises domain names, these will remain on our DNS until the next renewal date (but not thereafter) and be chargeable for that period at our then current rate unless (i) you instruct us in writing to remove them from our DNS or (ii) we notify you in writing that we are doing so).
1.13.5 The clauses in this agreement which are expressed or intended to survive the termination of this Agreement shall survive.
1.14 Intellectual property rights
1.14.1 We retain ownership of all intellectual property rights relating to development or supply of the Services including all methodologies, know-how and processes used and in any information, reports, documents, software or other Data created by us as part of the Services (together described below as ?the Materials?).
1.15.1 we both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. ?Confidential Data? means Data identified as, or which clearly is, confidential.
1.15.2 this clause does not apply to Data which:
220.127.116.11 enters the public domain other than through breach of this clause;
18.104.22.168 is or becomes independently known to the receiving party free from any confidentiality restriction;
22.214.171.124 is required to be disclosed by Regulation or competent authority;
126.96.36.199 is reasonably disclosed to our employees, suppliers or others for the proper performance of the agreement and subject in the case of suppliers or others to the signature of an appropriate confidentiality undertaking;
188.8.131.52 is reasonably disclosed to professional advisers; or
184.108.40.206 which we are otherwise permitted to disclose in accordance with this agreement.
1.16.1 You should send any notices under this agreement to the address given at the top of this agreement. Fax and email contact details are published on our website.
1.16.2 We shall send any notices in accordance with the most recent contact information which you have provided to us.
1.16.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to be received:
220.127.116.11 by hand – when delivered provided handed to a senior employee
18.104.22.168 recorded delivery – five days after posting
22.214.171.124 fax – when the sender receives an error-free transmission report
126.96.36.199 email ? on the day sent unless the contrary proved.
1.17.1 The agreement between you and us of which these Terms and Conditions form part represents the entire agreement of the parties relating to its subject matter. It supersedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, representations by any agent or employee of any third party you may use to apply for the Services unless such representation has been incorporated as an express term of the agreement between you and us.
1.17.2 If any part of this agreement is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
1.17.3 You may not assign this agreement or subcontract or resell any of the Services without our prior written consent. Subject to our contractual obligation to supply the Services we may assign this agreement or subcontract any of the Services.
1.17.4 Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to failure of any communications, telecommunications, third party suppliers or computer system.
1.17.5 The failure to exercise or delay in exercising a right or remedy under this agreement shall not constitute a waiver of the right or remedy.
1.17.6 Nothing in this agreement shall be construed as creating a partnership or joint venture of any kind between us.
1.18 English law and jurisdiction
1.18.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
2. ADDITIONAL TERMS APPLICABLE TO DOMAIN REGISTRATION, HOSTING, ADMINISTRATION AND RENEWALS
2.1.1 This section 2 of the T&Cs applies to registration, hosting on our DNS, administration (such as email and web forwarding, changing registrants and contacts) and renewals of domain names.
2.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to these Services.
2.2 Registration, renewal and hosting of domain names
2.2.1 We will use our reasonable endeavours to register domain names and notify you of the outcome but we give no guarantee of success.
2.2.2 We may in our discretion cancel, and /or refuse to register, release or renew any domain name:
188.8.131.52 in the event of Exceptional Circumstances concerning that domain name;
184.108.40.206 if our fees in respect of that domain name are overdue;
220.127.116.11 if we are required to do so by Regulation or competent authority; or
18.104.22.168 if it is otherwise permitted under these T&Cs.
2.2.3 No refunds shall be given once gTLDs or ccTLDs ordered by you are registered.
2.2.4 You may replace one or more unavailable domain names ordered individually or as part of a domain name bundle, with alternative domain name/s with the same suffix, if no domain is available or domain has not been registered after a 12 month period then a credit will be raised. Datadial, in our discretion, may provide a refund if your domain name is unavailable after 12 month period. The refund issued will solely consist of the relevant NIC fee of the domain registration costs.
2.2.5 Newly registered domain names will be hosted on our DNS unless we are otherwise notified at date of the order.
2.2.6 We shall be named on the WHOIS information as the admin, billing and technical (or equivalent) contacts by default on all newly registered domain names and on all domain names transferred to our DNS. In the event that this information is changed by a client or at a client’s request, Datadial cannot be held liable for any issues or consequences arising in relation to any domain names that are not on our default settings.
2.2.7 Newly registered gTLDs cannot be transferred to another registrar within 60 days of registration.
2.2.8 Domain names which expire are at risk of cancellation. You are ultimately responsible for paying renewal charges to the appropriate registry or to Datadial as specified.
2.2.9 The extent of our renewal services is to:
22.214.171.124 notify you via the most recent email address you have supplied to us of any renewal notices received by us; and
126.96.36.199 use our reasonable endeavours to renew domain names, which by the renewal date you, have specifically asked us in writing to renew and paid for.
2.2.10 Our renewal services do not apply to (and you are solely responsible for renewing) domain names:
188.8.131.52 which are not or stop being hosted on our DNS; and/or
184.108.40.206 in respect of which we do not receive renewal notices, whether because we are not named as billing contact, the relevant registry sent renewal invoices direct to you or otherwise.
2.2.11 Auto-Renew Clients can pay via invoice (by either bank transfer or cheque), or via our new Cash Pot system.
220.127.116.11. For Country-Code TLDs (e.g. .FR .ES .NO etc.) You will receive a renewal notification via email each month, starting 3 months before the domain name expires, up until 30 days prior to expiration. If you choose not to respond to the reminder notifications, you will be sent an invoice as we will assume you want to renew the domain name.
18.104.22.168. For Generic TLDs (e.g. .com .net .info etc.) You will receive a renewal notification via email each month, starting 2 months before the domain name expires, up until 14 days prior to expiration. After a further 7 days, if we have had no response, an additional reminder will be sent on a daily basis until the domain name expires. If you choose not to respond, you will be sent an invoice as we will assume you want to renew the domain name.
2.2.12. Auto-Delete Clients are required to add funds to their Cash Pot prior to placing an order with us.
22.214.171.124. For Country-Code TLDs (e.g. .FR .ES .NO etc.) You will receive a renewal notification via email each month, starting 3 months before the domain name, up until 30 days prior to expiration. If you choose not to respond to the reminder notifications, you will not be sent an invoice, and your domain name will be deleted as we will assume you do not want to keep your domain name.
126.96.36.199. For Generic TLDs (e.g. .com .net .info etc.) You will receive a renewal notification via email each month, starting 2 months before the domain name expires, up until 14 days prior to expiration. After a further 7 days, if we have had no response, an additional reminder will be sent on a daily basis until the domain name expires. If you choose not to respond, you will not be sent an invoice and the domain name will be placed into a Redemption Period for 40 days. An additional fee will be charged to renew the domain name during this Redemption Period. After 45 days the domain name will be deleted.
2.2.13. Once an invoice has been issued, you must pay for the service as agreed in our terms and conditions.
2.2.14 If this contract ends whether by mutual agreement, breach, renunciation or by any other means we will agree to transfer the domains names on our DNS subject to payment of any outstanding fees or Local Administration Costs and subject to payment of our transfer fees or Local Administration Costs in respect of the requested transfer (see clause 2.8 below)
2.2.15 If domain names are transferred or removed from our DNS:
188.8.131.52 we may remove ourselves as billing, technical or other contacts;
184.108.40.206 websites at those domains may become inaccessible;
220.127.116.11 web and email forwarding will cease and emails may be lost; and
18.104.22.168 fees may be payable in accordance with our then current Costs Proposal.
2.3 Redemption and expiry of domains (for gTLD domains)
2.3.1 If you fail to renew a domain name, resulting in expiry, the following procedure is followed.
2.3.2 Domains which lapse past their expiry date will be placed onto the Datadial pending delete server. (the ADD Grace period). All services are suspended once domains are placed within this state.
2.3.3 Registrants have the opportunity to renew the domain during this five day period.
2.3.4 Once the five days have elapsed the domain name will enter the ?Redemption Period?. The redemption period lasts for a full 30 days. Service is still suspended throughout this period. Domain names cannot be renewed at this time, but restored.
2.3.5 Any requests to restore domain names in this state are subject to additional redemption fees (please refer to section 7 for a full fee schedule).
2.3.6 After the 30 day period domains will enter the ?pending delete? status. All domains within this status are not capable of being restored. If you do not redeem your domain name prior to the end of the 30 day redemption period Datadial may, at its sole discretion, delete your domain name or transfer it to another registrant.
2.3.7 Datadial are not able to provide any service (including restoration) for domains which enter this status. You are ultimately responsible for renewing domain registrations.
2.3.8 Datadial are not liable for any loss of service, damage or disruption to domains within the ?pending delete? status. It is your responsibility to renew the domain name within a reasonable time.
2.3.9 Datadial may re-register expired domain name services to a third party or make expired domain name services available to third parties.
2.3.10 After the expiry period for a domain name we may either:
22.214.171.124 discontinue the domain name registration services at anytime thereafter, or,
126.96.36.199 Pay the Registry?s registration fee or otherwise provide for the registration services to be continued.
2.3.11 In the event of 188.8.131.52 above you acknowledge that we may change the contact information in the Whois output for the expired domain name so that you are no longer the listed registrant of the expired domain name. Datadial are not obliged to alert you that the domain name registration services are being continued.
2.3.12 Datadial will take all reasonable efforts to notify you of the expiry of your domain but you bear the responsibly of all renewals and Datadial are not liable for any failure to request a renewal within the aforementioned time frame.
2.4 Your obligations and representations
2.4.1 You must carefully check our notification of new registrations and inform us immediately if anything is incorrect. You must not take any action in reliance on ownership of the domain name until our notification.
2.4.2 You must supply accurate and reliable contact details including full name, address, email, telephone, fax and name of organisation contact for registrant and administrative and other contacts as well as nameservers and you must and promptly correct and update those details.
184.108.40.206 wilful provision of inaccurate or unreliable information; or
220.127.116.11 wilful failure to promptly update information provided to us; or
18.104.22.168 failure to respond for over 15 days to our enquiries concerning the accuracy of contact details;
Constitutes a material breach of this agreement and is a basis for cancellation of the relevant registrations.
2.4.4 If you licence (i.e. rent) a domain name to someone else (?Licensee?), you remain responsible for your obligations under this agreement and for providing and updating full contact information sufficient to resolve any problems. You accept liability for harm caused by wrongful use of the domain unless you promptly disclose the identity of the Licensee to a third party who provides you with reasonable evidence of actionable harm.
2.4.10 You represent to us that to the best of your knowledge neither the registration of the domain or the manner in which it is or will be directly or indirectly used infringes the legal rights of any third party and you agree that we are not responsible for ascertaining that the registration will be free of third party intellectual property rights or third party claims.
2.5 Local Administration Costs
2.5.1 The registration and renewal fees specified in our Costs Proposal may include Local Administration Costs which includes the local charge made by the registry for the particular domain name (known as the ?NIC fees?) or the NIC fees may be separately shown in addition to our own fees.
2.5.2 The NIC fees may be subject to change by the relevant Naming Authority without reference to us and you agree to pay the actual NIC fees charged to us
2.5.3 You agree that we may pass on other charges incurred by us in addition to the NIC fees for example local agents fees, bank charges and courier fees
2.5.4 You recognise that the initial NIC fees represent only the initial cost of registering a domain name and that continued use of the domain name is likely to expose you to further NIC fees
2.5.5 You agree to pay any NIC fees incurred by us notwithstanding your decision not to proceed or if the registration is unsuccessful or discontinued
2.5.6 We are not liable for the actions of any Naming Authorities.
2.6 Incorporation of registry terms and conditions, rules and policies
You are bound by all present and future applicable terms and conditions, specifications, procedures, rules and policies of relevant Naming Authorities. Such documents are likely to be available on the relevant Naming Authority’s website (but we are happy to provide any on request.They include (without limitation):
Domain type Document URL
.uk terms and conditions http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration terms and conditions http://www.Datadial.net
.info terms and conditions http://www.Datadial.net
.name terms and conditions http://www.Datadial.net
2.7 Domain name disputes / registration errors
2.7.1 Disputes are subject to the applicable dispute resolution policy then in force. Those policies, which currently apply, include (without limitation):
Domain type Document URL
all gTLD UDRP http://www.icann.org/udrp/ .biz STOP http://www.neulevel.biz/stop_overview/index.html .biz RDRP http://www.neulevel.biz/stop_overview/index.html .name ERDRP http://www.gnr.com/policies.html
2.7.2 Your domain names are subject to suspension, cancellation or transfer (all without refund) in accordance with applicable policies or procedures to correct mistakes in registrations or for the resolution of domain name disputes.
2.7.3 In the event that a dispute arises from or pertaining to the use of your registered domain name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) the Principal Office of the Registrar, for adjudication.
2.7.4 In the event that an Administrative Panel should decide that your domain registration be either transferred or cancelled, we will wait ten (10) business days after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision.
2.7.5 Upon the receipt of an Administrative Panel’s decision to cancel or transfer your domain registration we will communicate each Party, the Provider, and ICANN the exact date of implementation of the decision.
2.7.6 Under these circumstances email correspondence will be the primary method of communication.
2.8 Cancellation Charges
2.8.1 The Customer shall be entitled to cancel an instruction to register a domain subject to the following terms:
22.214.171.124 if we have not started processing the registration and the cancellation request is received within 4 hours of our receipt of your Instruction we will cancel your request without charge to you;
126.96.36.199 if we have not started processing the request and the cancellation request is received more than 4 hours after of our receipt of the request, the request will be cancelled subject to you paying the cancellation charge shown in the Costs Proposal;
2.8.2 if we have started processing the request then (irrespective of whether or not the cancellation request is received within 4 hours), the request will be cancelled subject to you paying our full fees and the local administration costs where these have been incurred.
2.9 Transfer to and from Datadial
2.9.1 The Customer agrees to request Datadial to transfer the name(s) Stated from a ICANN Accredited registrar to Datadial. Please confirm your request by selecting one of the statements at the bottom of this page. Be sure to review all information before making your selection.
2.9.2. In connection with the transfer of each of the names stated, you represent and warrant that:
188.8.131.52 you are either the Registrant, the administrative contact or the technical contact with respect to the name(s) being transferred.
184.108.40.206. if transferring a domain name on behalf of another person or entity, you have been granted the express authority by such person or entity to effect each such transfer. You may be required by Datadial to provide written evidence of such authority and agree to provide such evidence promptly upon request.
2.9.3. By approving the transfer, you acknowledge that you have read and agree to be bound by the terms and conditions of the Datadial Registration Agreement (RA) and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). The link can be found below.
2.9.4. Please note that you will NOT receive any refund for misspelled or inaccurate domain names if Datadial registers such names in accordance with this Confirmation of Transfer. Any domain transfer fees will be credited to your Datadial account for any domains that do not meet the specified requirements. If any processing fees are assessed, they will not be returned in the event that any domains are not transferred.
2.9.5. The Customer agrees that Registrar Transfer Request should be processed accordingly and warrants that the transfer information provided is accurate and accepts ICANN’s UDRP.
2.9.6. Datadial will transfer any domain name registered by Datadial to another party at the fee shown on the Costs Proposal on the condition that a fax is received (+44 020 8600 0509) on company letter headed paper authorising Datadial to transfer the domain name to another party.
2.9.7. The fax must contain the date, domain name, and domain holder’s signature.
2.9.8. Under no circumstances will domain names be transferred to another party without all sums owed to Datadial being settled in full.
2.9.9. Once a domain has been requested for transfer out Datadial will initiate an internal lock. This action will prevent any problems and ensure a smooth migration to your new provider. This means you are not permitted to change any details on the domain including dns changes.
2.9.10. In some cases Datadial will have a contractual agreement with a local agent to provide domain services for Datadial and Datadial clients. You are not permitted to utilise the agent’s services once you have transferred your domain away from Datadial. Therefore you must transfer the domain from Datadial and Datadial agents. If you continue to use a Datadial agent then you may be liable to an administration charge for the use of our local agent.
2.9.11. When a transfer to Datadial is requested an invoice will be generated immediately (unless a pre-arranged agreement has been made.) No refund will be given on cancelled transfer requests.
2.9.12. Datadial will request all relevant details to complete the transfer. If all details are not sent, Datadial will request again. If all details are not sent by the second request, or not within 90 days of first request, the transfer will be deemed as cancelled. If the domain name still requires to be transferred a new transfer request must be submitted. A pre-arranged fee will be agreed with Datadial for any transfers. You will be notified after the 90 day period, via email, that the cancellation is to take place.
2.9.13. If, at the time of transfer, the domain name is due to expire or has expired, Datadial will renew the domain name. The fee charged will be deemed a renewal fee and will be invoiced accordingly.
2.9.14. By requesting a transfer out of your domain name/s you hereby agree that you no longer want Datadial to manage or renew your domain name As a gesture of goodwill Datadial may send you a renewal reminder if the domain renewal invoice is fully paid within 30 days of expiry Datadial will attempt to renew the domain on your behalf .
Upon your completion of the domain list provided as Exhibit A you agree to Datadial centralising the listed domain names. Datadial agree to transfer all stated domains on the domain list within a 12 month period. The duration of the transfer is dependent on your wilful provision of any necessary documentation.
3. ADDITIONAL TERMS APPLICABLE TO INTERNATIONAL DOMAIN PORTAL (IDP)
3.1.1 This section 3 of the T&Cs applies to IDP including Name Guard.
3.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to the IDP.
3.2.1 In relation to automatic propagation of and updating of (including notification of changes to) domain information and to keyword searching of newly registered domain names, legal owners, available domain names and any other keyword searching under IDP:
220.127.116.11 you are responsible for the accuracy of any keywords you provide and you must check the accuracy of any confirmations or search results and tell us immediately if any keywords are wrong;
18.104.22.168 keyword searching does not cover alternative roots, multi-lingual (I-DNS) or AOL keywords;
22.214.171.124 the accessibility to us of gTLD and ccTLD domain name records for search, propagation and updating purposes is limited by various factors and searching etc is restricted to those gTLD or ccTLD domain name records (or parts) that are actually available at the relevant time; we do not guarantee coverage of all gTLD or ccTLD domain name records or all parts of such records; and
126.96.36.199 intervals at which particular searches, propagations or updates are carried out vary depending on the type of search, propagation or update, are in our sole discretion and may be varied us at any time.
3.2.2 In relation to the IDP:
188.8.131.52 we do not guarantee that our IDP will include any of your domain names not specifically notified to us;
184.108.40.206 the auto-renewal function is not deemed to be an instruction to renew a domain as the criteria stated in sub clauses 2.2.9 and 2.2.10 must be fulfilled before we will renew domain names; and
220.127.116.11 historical Data is not stored and changes to Data are not tracked
4. ADDITIONAL TERMS APPLICABLE TO EMAIL SERVICES
4.1.1 This section 4 of the T&Cs applies to our email services called IMG Services including International Mail Guard (?IMG?) Spam Filtering Service (?IMG-SP?) and Email Store and Forward (?IMG-ESF?).
4.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to IMG Services.
4.1.3 IMG Services will be provided by us in accordance with any applicable SLA
4.2.1 IMG Services endeavours to detect and stop viruses when attached to incoming or outgoing emails in non-password protected or non-encrypted format. However, we cannot guarantee a 100% detection rate.
4.2.2 The functionality of IMG Services may vary in accordance with changes to the underlying anti-virus scanners used by our IMG Services
4.2.3 We do not guarantee that emails will be processed within a particular time.
4.2.4 If a virus is detected we will notify the intended recipient by email and quarantine the email for 7 days (or a shorter period depending on email volumes) after which it will deleted.
4.2.5 We will forward emails only upon receipt of written authority from the intended recipient and at its risk. This forwarding facility is not available to non-subscribers to IMG Services or to the sender of an infected e-mail.
5. ADDITIONAL TERMS APPLICABLE TO WEBSITE HOSTING SERVICES
5.1.1 This section 5 of the T&Cs applies to website hosting on our servers and related managed services (?Hosting?).
5.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to Hosting.
Setting up and running DNS functions on any of Datadial hosting solutions is not supported.
5.3.1 It is your responsibility to ensure that Content (meaning Data placed on our servers by you or on your behalf or third party data facilitated by you e.g. chatrooms, discussion groups, FTP sites) is ?server-ready? (including virus-free), to upload Content to our server and to check that it functions satisfactorily. We have no responsibility to provide support in relation to control and operation of Content although we may assist on a goodwill basis.
5.3.2 You bear sole legal and other responsibility for all Content. We do not, and are not obliged to, check Content. Our rights to remove and take other steps in relation to Data are without prejudice to this sub clause 5.3.2.
5.3.3 For the avoidance of doubt we reserve the right without accepting any obligation to do so to monitor or check content and may find Exceptional Circumstances if any content is in breach of our AUP
5.4 Additional customer obligations and representations
5.4.1 You must observe our limitations on data transfer as set out in our AUP and, if such limits are exceeded, pay the appropriate excess charge at our then current rates.
5.4.2 You must not embark on any course of action, whether by use of your web site or any other means, which may cause a disproportionate level of website activity without providing us at least seven day?s prior notice in writing. For the avoidance of doubt we refer you to our AUP. If you give notice or we otherwise become aware of such disproportionate use we may:
18.104.22.168 move your website to a dedicated server and charge our then current rate; or
22.214.171.124 terminate some or all of the Services forthwith.
5.4.3 In relation to Services that include security patching, you acknowledge that it may be necessary to implement such patches before we have had a chance to give you notice and this might affect the functionality of your website.
6. ADDITIONAL TERMS APPLICABLE TO CO-LOCATION SERVICES
6.1.1 This section 6 of the T&Cs applies to our co-location Services i.e. storage of your computer server on our premises (?Co-location?).
6.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to Co-location.
6.2.1 You bear sole legal and other responsibility for all aspects of management, maintenance and use of your server and all Data thereon.
6.2.2 You must observe our limitations on data transfer and, if such limits are exceeded, pay the appropriate excess charge at our then current rates.
6.2.3 In relation to Services that include security patching, you acknowledge that it may be necessary to implement such patches before we have had a chance to give you notice and this might affect the functionality of your website.
Datadial reserves the right to occasionally communicate with its clients in the form of electronic mail notices, providing information on important events or changes to domain legislation. Please note that Datadial does not disclose your personal information to third party companies and all Datadial communication complies with anti-spam laws.