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If you access or view the 2D Creative (UK) Ltd web site or in any way deal with the information contained in this web site you agree to be bound by the conditions below.
LEGAL MESSAGE
You agree that the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising from this web site or any information contained in it.
The copyright in the material contained in the 2D Creative (UK) Ltd web site belongs to 2D Creative (UK) Ltd. All rights are reserved by 2D Creative (UK) Ltd. Except solely for your own personal and non commercial use in accordance with the law no part of this web site may be copied, performed in public, published, broadcast or adapted without the prior written permission of 2D Creative (UK) Ltd.
To the extent permitted by law, 2D Creative (UK) Ltd shall not be liable to any person for any loss or damage whatsoever which may arise from the use of or any dealings with any of the information contained in this web site. While 2D Creative (UK) Ltd has taken every effort to ensure that the information contained within the web site is correct at the time of going live, 2D Creative (UK) Ltd cannot be held responsible for any errors and omissions or any information which may be incomplete, inaccurate or may have become out of date. Whilst 2D Creative Limited tries to ensure all prices quoted are correct, it cannot be held responsible for errors or omissions.
Please click here for our Acceptable Use Policy
Your Privacy
- 2D Creative (UK) Ltd will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force.
- You agree that all personal information (your registration details) provided by you either through this website or in writing may be used by 2D Creative (UK) Ltd in accordance with the purposes for which your permission has been obtained on registration.
- Other than as required by law, or as permitted under these user conditions, 2D Creative (UK) Ltd will not disclose your registration details to any third party without your permission.
Domain Registration
- We make no representation that the domain name you wish to register is capable of being registered by or for you. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk; (this clause is present just in case a customer informs us that they wish to register a name and someone else registers it a short period beforehand, it does not mean that 2D Creative (UK) Ltd will not attempt to register all enquiries as quickly as possible);
- The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- 3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled. at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
- We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
- We shall not release any domain to another provider unless full payment for that domain and any other domain registered by the same client has been received by us. You shall not sell any domain for which payment has not been received by 2D Creative (UK) Ltd;
Terms for Top Level Domains (.com .net .org .info .biz .name)
2D Creative (UK) Ltd are a partner for Total Web Solutions Limited trading as Total Registrations. All domain registrations for the TLD's above are registered by 2D Creative on behalf of you through Total Registrations and as such are bound by the Terms and conditions found by clicking the link below.
UK Domain Terms and Conditions
gTLD Domain Terms and Conditions
Domain Name Dispute Policy
1.0 General Terms and Definitions
1.1 "Agreement" means any agreement made subject to these Conditions which shall incorporate these Conditions.
1.2 "Company" means 2d Creative Ltd, registered in the United Kingdom, Company Number 3869241 of Alpinair House, 174 Honeypot Lane, Stanmore, Middlesex, HA7 1EE, England
1.3 "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its customers.
1.4 "Internal Address" means any such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer.
1.5 "Password" means the alpha numeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service.
1.6 "Customer" means any person or organisation with whom the Company enters into an Agreement subject to these conditions.
1.7 "Service" means the services described on the current Company Website together with such Value Added Services to be provided by the Company to the Customer but in any event the provision of data network services using TCP/IP.
1.8 "Service Commencement Date" means the date identified as the delivery date on the Company invoice to the Customer.
1.9 "Value Added Service" means the provision of a service other than simple connectivity that may be detailed on the current Company website.
1.10 "User Name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer.
1.11 "TCP/IP" is the abbreviation for Transmission Control Protocol/ Internet Protocol an agreed international communications standard.
1.12 "Dial-Up Usage" means the use of the Service over a dial-up telephone line.
1.13 "Network Operator" means the legal entity or entities responsible for operation of a communications network.
1.14 "The Company's Network" means the network owned, operated or used by The Company for the purpose of connecting The Customer to The Internet by means of Fixed or Dial-Up connections.
2.0 Acceptance of Application
2.1 The Company reserves the right to refuse any application for subscription or service.
3.0 The Service
3.1 Subject to these conditions the Company will:
3.2 Connect the Customer to the Company's Internet points and service.
3.3 Domain registrations can take up to 4 working days from point of payment and receipt of full details.
3.4 Web site hosting can take up to 14 working days from point of payment, until they are fully operational. Variations to this will be advised to the Customer in writing.
3.5 Provision of Connectivity to the Customer shall be made as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such date.
4.0 Right to Change Username, Internet Address and Password
4.1 The Company shall have the right from time to time to Change the Customer's User Name, Internal Address and or Password. As allocated by the company for the purpose of essential network maintenance, enhancement, modernisation, security or other work deemed necessary to the operation of the Internet.
4.2 Wherever possible the Customer will be given prior notice of such changes or at the time of the changes should they be made for urgent reasons such as a security breach.
5.0 Payment Terms
5.1 All Charges made by the Company to the customer shall incur V.A.T at the prevailing rate at the time of the contract.
5.2 Monthly rental Charges for the Service, shall be paid by the Customer to the Company by means of a Standing Order, BACS or credit/debit card and paid monthly in advance. Unless any other payment method has been agreed in writing between the Company and the Customer or as detailed in the contract order form.
5.3 The Company reserves the right to vary from time to time all charges with one months notice to the Customer except the Internet access supply rental which will only be varied at the end of the minimum period as defined on the order form.
5.4 Any upgrade usage charges detailed in any published tariff and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance covering the period to the next payment date of the original data rate supply date and thereafter simultaneously with the original data rate supply payment.
5.5 Itemised details of excess usage and any other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service.
5.6 All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires.
5.7 Interest payable on demand whether before or after judgement shall accrue from day to day on overdue amounts, at the rate of 4% above Bank of England Base Rate + V.A.T as applicable.
6.0 Usage
6.1 The Customer hereby agrees to:
6.2 Refrain from transferring and illegal, immoral, or defamatory material to or from other users of the service or the PDN and any other privately owned and operated services to which the Company may from time to time provide access.
6.3 Refrain from sending illegal, immoral, defamatory or menacing, offensive, abusive or annoying messages whilst using the service.
6.4 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties. 6.5 Keep the Company informed of any change to the Customers address as set out overleaf and other such information as may effect the payment of charges due.
6.6 Immediately cease to use and return and Internet Addresses allocated by the Company to the Customer on termination of this Agreement.
6.7 Not to announce by any means any and all Internet addresses allocated to or by the the Customer as part of an Autonomous System.
6.8 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet. 6.9 The Customer agrees to hold harmless the Company in the event of the Customer committing any illegal, immoral or other act either under the Laws of England, or any such International Law as may be impinged.
7.0 Liability.
The company shall not be liable for any loss or damage howsoever caused.
7.1 Economic loss, including loss of profits, business revenue and goodwill. 7.2 Any claim made against the Customer by another third party.
7.3 Any loss or damage to the Customer caused by or arising from any act or omission by the Customer, the Company or Value Added Service supplier.
7.4 Any act caused as a result of force majeure or beyond the Company's control.
8.0 Changes to the Service.
8.1 If any Network operator shall discontinue the provision of telecommunications services to the Company, or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services, or any part thereof provided to the Company, or shall disconnect the Customer's apparatus from the Internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.
9.0 Suspension.
9.1 The Service may be suspended or suspended during peak times by the Company without notice and without prejudice to the Company's Rights of Termination under clause 10 in the event.
9.2 Failure by the Customer to make any payment to be made to the Company on its due date for payment.
9.3 If the Customer does or suffers anything to be done which jeopardises the service or any network to which it is from time to time connected.
9.4 If the Customers credit limit has been exceeded, or if the Customer is otherwise in breach of these Terms and Conditions.
9.5 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the Annual Subscription Charge will continue to accrue. During suspension the Company reserves the right to refuse to release the User's Internet Address as issued by the company.
10.0 Termination.
10.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
10.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
10.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
10.4 No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3.
10.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
10.6 You may cancel the Services at any time.
10.7 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
10.8 omain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain holder. There is no charge for the transfer.
10.6 No refund of Subscription payments will be made to the Customer upon termination of the Agreement by either the Company or the Customer.
10.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
11.0 Rights of Termination.
11.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
11.2 On termination of the Agreement right to the use of the Internet IP Address allocated by the Company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid by the Customer.
11.3 In the event of termination of the Agreement by the Company on account of any breach of the terms and conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof.
12.0 User Name and Internet Address(s)
12.1 The Company shall not be requested or required to release the User Name, Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to and end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names remain the property of the Company until all sums due have been received and title formally passed.
13.0 Notices
13.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal Mail post to the relevant address given in the Agreement or to such address as the recipient may have notified to the other party via E-mail for that purpose.
13.2 Suspension notices for non-payment of Charges will be deemed as delivered by facsimile to the relevant facsimile number given in the Application or to such facsimile number as the Customer may have notified.
13.3 Any notice shall be duly given, if given by prepaid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a prepaid first class letter.
14.0 Expenses of the Company
14.1 The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.
15.0 Invalidity
15.1 If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid, effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable.
16.0 Clause Headings
16.1 Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions.
17.0 Other Printed or Standard Conditions
17.1 All services are provided on the foregoing conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no Agreement terms and conditions contained in any document sent by the Customer to the Company shall be of any affect with respect to the Agreement unless expressly accepted by a duly authorised Officer of the Company in writing. The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions including any representation made by or on behalf of the Company in relation to the Service which has induced the Customer to enter into this Agreement with the Company.
18.0 Variation
18.1 The Company reserves the right to vary these terms and conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licenses. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.
19.0 Law and Arbitration
19.1 This Agreement is subject to the laws of England under the jurisdiction of the Courts of England and any alteration to part of the agreement shall not invalidate the remainder. This agreement incorporates the provisions for arbitration if any are available under the Code of Practice issued by the Network Operator under the provision of its license.
Edition 4/ January 2006 2D Creative (UK) Ltd
Issued by order of the Company Director.
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