TERMS AND CONDITIONS
1. Introduction and definitions
1.1 These terms and conditions govern any contract between you and us for the provision of Copyright Removal Key, Domain Registration Services and Web Hosting Services (the "Services").
1.2 We are Lamp Design Limited. Company Number: 5505432 Vat Registration Number: GB-869641376
1.3 You can contact us by email on firstname.lastname@example.org by telephone on + 44 (0) 2921 25 1116
1.4 Headings are for guidance only and are not legally binding.
1.5 In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Conditions means these terms and conditions;
Data means information, documents, test software, music, sound, photographs, graphics, video, messages and any other kind or form of materials;
Intellectual Property Rights includes the following (wherever and when ever arising and for the full term thereof):
any patent, trade mark, trade name, service mark, service name, design, design rights, copyright, database right, topography rights, moral rights, know how, trade secret and other confidential information, rights in the nature of any of the aforesaid items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of the aforesaid items;
Naming Authorities means Nominet and ICANN or any other equivalent body; and the registries responsible for particular types of domain names;
Site means the site at www.storesprite.com or any other website operated and maintained by Lamp Design from time to time which Lamp Design may designate for the purposes of a contract with you;
2. Applications of conditions
2.1 These Conditions are to the exclusion of all previous terms and conditions issued by us and shall apply to the provision of Services provided by us after the date on which these Conditions were posted on the site.
2.2 These Conditions are deemed to be read and accepted by you upon you ticking the "accept" terms tick box upon placing an order with us.
3. Changes to the conditions
3.1 We may need to change the Conditions and/or specifications of the Services. If we do then we shall ask you to read and accept the revised conditions next time you place an order for Services with us
3.2 If you do not accept any revised conditions but continue to use our Services (e.g. hosting your domain or website with us) after changes take effect, you will be bound by the revised conditions.
4. Right to cancel
4.1 You acknowledge and agree that we will begin to perform the Copyright Key provision, Domain Registration Services and Web Hosting Services as soon as you place your order. You therefore agree to waive your right to cancel the contract for services within 7 working days of placing your order under the Consumer Protection (Distance Selling) Regulations 2000.
5. Services generally
5.1 We will use our reasonable endeavours to supply the Services. However, we shall not be responsible for any failure to provide the Services, or unavailability of the Site. The Site is provided on an "as is" and "as available" basis.
5.2 We cannot guarantee that the Services will be uninterrupted, secure or error-free.
5.3 We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
6. Your obligations
6.1 Where you are acting in the course of a business you warrant that you have authority to enter into a contract with us on behalf of that business.
6.2 You must comply with our reasonable instructions and requests concerning the Services.
6.3 You must provide us with all your up to date contract details (including e-mail addresses) and promptly notify us of any changes. We rely on this information for various reasons including the transmissions of renewal notices and other important information concerning the Services.
6.4 You must comply with our User Policy and bring it to the attention of your authorised users.
6.5 You are responsible for all persons who use your password to access the services. You should keep your user name and password secure and notify us as soon as you are aware of any security breach.
6.6 You warrant that your use of the Services, any domain names that you ask us to register or use on your behalf, any materials or information which you supply to us will not infringe any third party's Intellectual Property Rights or other rights.
6.7 It is your responsibility to frequently back-up any Data that you wish to save. We will not be liable for any losses to such Data.
7. Copyright Removal Key Provision
7.1 This clause 7 applies to you if you are purchasing ourCopyright Removal Key Services.
7.2 We will upon acceptance of Copyright Removal Key requests submit requests and make full issue upon receipt of payment.
7.3 We cannot guarantee that the Copyright Removal Key requested by you will be issued, as we process Copyright Removal Key
requests on a first come first served basis. We shall send you confirmation of your request as soon as it has been accepted.
7.4 Once a Copyright Removal Key has been issued, refunds can only be given at our discretion.
7.5 Where we believe that there may be conflicts of rights to a Copyright Removal Key, we reserve the right not to proceed with your request.
7.6 We do not accept any responsibility for the use of Copyright Removal Keys especially where there may be conflict over rights to ownership.
7.7 You agree that all details submitted in respect of a Copyright Removal Key request are correct, including any alterations made after the initial request.
7.8 Your Copyright Removal Key will be valid from the date of request for the domain name you specify.
7.9 Once issued Copyright Removal Keys are not transferable for use with a different domain name.
8. Web hosting & Domain Registration
8.1 This clause 8 applies to you if you are purchasing our Web Hosting services and/or Domain Registration Services.
8.2 It is your responsibility to ensure that any Data placed on our servers by you or on your behalf is virus-free and functions satisfactorily.
8.3 We will not check the content of your website. However, if it comes to our attention that you are using it improperly or illegally or contrary to our User Policy then we will without notice terminate your Services and you will not be able to access your website.
8.4 We offer an unlimited use policy by maintaining very large ratios of bandwidth per customer. However if your transmission of Data causes a disproportionate level of web activity such that it jeopardises server performance and resources for our other customers we will contact you to discuss the situation. If between us we cannot resolve the situation we reserve the right to terminate your agreement with us by giving you two weeks notice.
8.5 We reserve the right to charge you for the use of our resources and staff in dealing with the consequences of mass mailings conducted through our network in any way.
8.6 Domain registration services
8.6 This clause 8.6 applies to you if you are purchasing our Domain Registration Services.
8.6 We will:
8.6.1 consider all submitted requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant Network Information Centre ("NIC"); and
8.6.2 upon acceptance of registration requests submit names for registration and make full registration upon receipt of payment.
8.6.3 We cannot guarantee that the domain name requested by you will be registered, as we process domain registration
requests on a first come first served basis. We shall send you confirmation of your registration as soon as it has been accepted.
8.6.4 You must carefully check the confirmation of your registration and inform us immediately if it is incorrect. We may have to charge you a "correction fee" if one is imposed on us by the relevant Naming Authority/NIC. We will notify you of this charge before processing the "correction fee".
8.6.5 We may increase our registration and renewal fees specified in our price list where the relevant Naming Authority/NIC increases its charges.
8.6.6 Once a registration has been made, refunds can only be given at our discretion.
8.6.7 Where you owe us money for other Services we reserve the right not to proceed with your domain registration.
8.6.8 Where we believe that there may be conflicts of rights to a particular name, we reserve the right not to proceed with your domain registration.
8.6.9 We do not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership.
8.6.10 You agree that all details submitted in respect of a domain name registration are correct, including any alterations made after the initial registration.
8.6.11 You acknowledge that information submitted by you pertaining to the registration of the domain may be available to other organisations and members of the public.
8.6.12 Your domain registration will be valid for 2 years Your registration will lapse if you do not renew your registration. We will not be responsible for reminding you that your registration is about to lapse but if asked to do so we not more than 2 months prior to its expiry we will renew your registration for you on receipt from you of the renewal fees.
8.6.13 We are not liable for any actions of the Naming Authorities or NICs.
8.6.14 You are bound by the terms and conditions of the relevant Naming Authorities, which will be available on their websites. Where you are registering a UK domain name you will be bound by the terms and conditions of Nominet UK ( http://www.nominet.org.uk/ref/terms.html . Where you are registering a domain name with an international suffix you will be bound by the terms of our ICANN registry partner (http://bulkregister.com/agreement.phtml)
9.1 We shall not be liable for:
9.1.1 any loss of profit, loss of revenue, loss of contracts or any indirect, special, economic or consequential loss (whether caused by our negligence);
9.1.2 damage to or loss of Data; or
9.1.3 any delay costs, expense, loss (including loss of profit) damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption. Loss or removal of data) howsoever caused;
9.2 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 the amount paid by you for the relevant service in the 12 months before the event(s) complained of.
9.3 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.
9.4 Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers' statutory rights.
You will indemnify us and all Naming Authorities or NICS against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your domain names, your use of the Services or breach by you of these Conditions.
11.1 You must pay the fees (together with VAT and any application taxes) specified in our price list current when you order or renew any Services.
11.2 All fees are payable by credit card on placing your order unless otherwise agreed by us.
11.3 Where payment is not received on or before the due date we reserve the right to immediately withdraw, suspend or limit the Services and may charge you interest on overdue sums (both before and after judgment) at the rate of 3% above the base rate of HSBC Bank plc unless you are acting in the course of a business in which case we may charge you 8% above the base rate of HSBC Bank plc under the Late Payment of Commercial Debts (Interest) Act 1998.
11.4 All fees are non-refundable unless otherwise stated.
12. Personal data
13. Intellectual propery rightd
13.1 All Intellectual Property Rights, including registered trade mark storesprite, relating to the supply and development of the Services belong to us.
14.1 Your contract with us for Web Hosting Services is for 12 months. If you do not provide us with at least 30 days written notice before the end of the relevant 12 month period then we will provide the Services for a further 12 months and you will have to pay us the annual fee therefor.
14.2 We may terminate our agreement with you at any time for any reason by giving you 30 days written notice.
14.3 Either party may terminate the agreement on written notice to the other if:
14.3.1 that party commits any breach of the provisions to the agreement and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
14.3.2 a receiver is appointed over any of the property or assets of that other party;
14.3.3 that the other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
14.3.4 that the other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under this agreement);
14.3.5 anything analogous to any of the foregoing under the law of any jurisdiction in relation to that other party; or
14.3.6 that other party ceases or threatens to cease to carry on business.
14.4 We may also terminate this agreement and or suspend some or all of the Services immediately on written notice:
14.4.1 where you breach our User Policy or;
14.4.2 where we are required to do so by law.
15. Consequences of termination
15.1 Upon termination of our agreement with you for any reason:
15.1.1 we will immediately stop supplying the services to you;
15.1.2 any fees due will be payable immediately, unless we have terminated the agreement in accordance with clause 14.2
15.2 You shall have no claim against us for compensation for loss of distribution rights, loss of goodwill or any similar loss.
15.3 Subject as otherwise provided herein and to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this agreement.
16.1 Any notice required or permitted to be given under these Conditions shall:
16.1.1 be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
16.1.2 be in the form of an email addressed to Lamp Design Limited at email@example.com (or such other address as supplied by us) or if to you, to the address provided by you when you register on the Site (or such other address as supplied by you) and you will be deemed to have received such notification within one hour of transmission.
16.2 You are responsible for notifying us of any changes to your email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to us by first class post or by facsimile.
17.1 You shall not be entitled to assign your contract with us nor any or all of its rights and obligations hereunder.
17.2 If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
17.3 These Conditions constitutes the entire agreement between you and us in respect of the Services.
17.4 Any waiver by us of any breach of, or any default under, any provision of these Conditions by you will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
17.5 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
17.6 The parties do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.1 These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.