This agreement is entered into between Namerama (a trading name of TheWebFellas Ltd) a company registered in England and Wales under number 06439469 whose registered office is at 6 Templar Mews, Cirencester, Gloucestershire, GL7 2AA ("the Service Provider") and You ("The Client")
(1) The Service Provider offers domain registration facilities to clients
(2) The Client wishes to use the Service Provider to register domain name(s) under the terms and conditions of this Agreement.
IT IS AGREED as follows:
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
"Account" Means the details of the Client that are required and held by the Service Provider to facilitate the provision of the Service to the Client including, but not limited to, identification and location details, payment details, and details of the Service provided to the Client;
"Business Day" Means a day (that is not a Saturday or Sunday) on which banks are open for business in the UK;
"Fee" Means the sum payable by the Client to the Service Provider in order to receive the Service Provider's Service;
"Order" Means an order placed by the Client with the Service Provider for the provision of the Service which shall contain details of the Client's chosen services;
"Service" Means but is not limited to the provision of Domain Registration to Clients.
1.2 The clause headings used in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of the terms of this Agreement.
2.1 Once the Client's Order has been placed and the Fee received the Service Provider will utilise manual and automated systems to setup your Service. In the event of a problem that prevents these systems from setting up your Service the Service Provider will use its best endeavours to commence provision of the Service as soon as reasonably possible. In any event the provision of the Service will commence no later than 1 Business Day after completion of the Order.
2.2 In the event that the provision of the Service is delayed by more than 1 Business Day from completion of the Order the Service Provider will contact the Client, giving the Client the option of waiting for a further 1 Business Day or receiving a full refund of all Fees paid. In the event of further delay, the process in this sub-clause 2.2 shall be repeated.
2.3 The Service Provider is under no obligation to provide any Service that is not set out in the Client's Order unless the Service Provider and Client enter into a new written Agreement for the provision of additional services.
2.4 The Service Provider may, in its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or services. The Client will be notified no later than 14 Business Days in advance of any planned changes and will receive full documentation of any action required on their part. No alterations to the Service shall affect the Fees payable by the Client.
3.1 The Service Provider will use its best and reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout the Term of this Agreement
3.2 Where the provision of the Service is interrupted through the fault of any third party, the Service Provider shall bear no responsibility or liability.
4.1 Fees for the Services offered by the Service Provider are published on the Service Provider's website. All charges payable by the Client shall be in accordance with the information published.
4.2 The Client is required to pay all fees due in advance of the chosen period of Service provision.
4.3 For the period of Service provision, payment of fees due shall form part of the Order process. For all subsequent periods of Service provision the Client will be sent an invoice and renewal notice 14 Days before the current period of Service is due to expire. Payment must be made within that 14 Day period in order for provision of the Service to continue without interruption.
4.4 The Service Provider may at any time change the price of its Services. The Client will not be subject to any additional charges or refunds during the current period of Service provision. Any change in fees will be reflected in subsequent renewals of Service provision. The Service Provider reserves the right to continue charging old fees for renewals where the new fee is higher.
4.5 All fees payable by the Client to the Service Provider shall be paid in full, without set off or deduction. The Service Provider reserves the right to suspend the Service or cancel the Client's Order if fees are not paid on or before the due date.
4.6 Where the Client has previously paid for Services provided by the Service Provider using a credit or debit card the Service Provider will take payment for any of the Client's unpaid invoices on or after their due date using the Client's stored card details.
4.7 In the even of non-payment of any outstanding overdue invoice(s) the Service Provider reserves the right to immediately suspend all Services provided to the Client.
4.8 In the event of the Service Provider receiving notification of a Chargeback from the Client's card provider or Paypal relating to services provided by the Service Provider to the Client the Service Provider reserves the right to immediately suspend the related Service(s) until such time as the chargeback is cancelled. In the event the Service Provider is successful in defending a chargeback the Service Provider reserves the right to charge an administration fee of £100.
5.1 The Service Provider reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law.
5.2 Such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement.
5.3 The Service Provider may on occasion notify the Client of such changes, the Client is strongly encouraged to bookmark this page for changes.
6.1 Subject to Clause 3 and sub-clauses 6.2 and 6.3 the Service Provider shall not be liable to the Client or to third parties for:
6.1.1 Any losses resulting from interruptions or downtime to the Service;
6.1.2 Any inability, on the part of the Client, to use the Service;
6.1.3 Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
6.1.4 Any damage or loss resulting from the loss of data including the failure of a backup system to be able to restore the data.
Subject to the provisions of this Agreement, the Service Provider gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
8.1 The Client will fully indemnify the Service Provider against all costs, expenses, liabilities, losses, damages and judgments that the Service Provider may incur or be subject to as a result of any of the following:
8.1.1 The Client's misuse of the Service;
8.1.2 The Client's breach of this Agreement;
8.1.3 The Client's negligence or other act of default;
9.1 Neither the Service Provider nor the Client shall be liable for breaching this Agreement where that breach results from Force Majeure.
9.2 Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
10.1 The initial period of Service provision will commence on the date that the Client's Order is processed. This term shall last for the period chosen by the Client during their order, subject to the termination provisions below and to the refund provisions of sub-clause 2.2 of this Agreement.
10.2 Subsequent periods of Service Provision shall last for the period chosen by the Client and will follow on from a previous period, without interruption, subject to the fulfilment of the Client's payment obligations under Clause 4 of this Agreement. All subsequent periods are subject to the termination provisions below.
10.3 The Service Provider reserves the right to terminate this Agreement with refund or to suspend the Service in the following circumstances:
10.3.1 If the Client fails to pay fees due under Clause 4 of this Agreement;
10.3.2 If the Client is in breach of the terms of this Agreement;
10.3.3 If the Client becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
10.3.4 If the Client is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or
10.3.5 If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
10.4 The Client may request the termination of the Service and this Agreement by telephone or email, 7 days in advance, The following shall apply to such situations:
10.4.1 The issuing of refunds is at the sole discretion of the Service Provider;
10.4.2 If the Client wishes to terminate during the course of their chosen period of Service provision the Service will end on the next due date after the Service Provider receives the Client's notice, where the Client advises immediate termination the termination will occur within 2 Business days after the Service Provider receives the notice, No refunds will be issued for any remaining period of Service provision.
11.1 With effect from the date of the provision of Service the Service Provider shall, in consideration of the Fees paid in accordance with the Fees and Payment section and in response to support requests from the Customer in accordance with clause 11.2, provide the Support and the other support services, if any, expressley identified in the schedule or otherwise agreed under this agreement.
11.2 Support Requests. The Client will make all requests for support by emailing the Service Provider at the email address provided on the Service Providers website. The initial response to emails generally be within 1 business day. Best effort will apply and this time may be longer during busy periods.
11.2.1 The Service Provider is not responsible for responding to support calls, voicemails or email messages other than those raised directly via the support email address.
11.3 The Service Provider shall be obliged to provide Support only in respect of the scope of the Service provided by the Service Provider.
12.1 The Service Provider reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.
12.2 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Service Provider.
In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
This Agreement is governed by the laws of England and Wales. Any dispute relating to this Agreement shall fall within that jurisdiction.