Where the context admits: "We" refers to Flash Granny
Web Design Services, Blaenwaun, Cilcennin, Lampeter, Wales, United
Kingdom. "You" includes the person purchasing the services
or any party acting on the customer's instructions. "The
Registrant" includes the person applying for a domain name
or any party acting on the Registrant's instructions. "The
Registry" is the relevant domain names Registry. In consideration
of the mutual covenants herein, the parties agree to the following,
which shall apply during the term of this agreement:
"Services," means domain name registration, Web site
hosting, email and any other service or facility provided by us
to you. "Server" means the computer server equipment
operated by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by
us to you for use by you as a site on the Internet.
2. Domain Name Registration
2.1 We make no representation that the domain name you wish to
register is capable of being registered by or for you or that
it will be registered in your name. 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.
2.2 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. Any administration charge paid by you to us shall
be non-refundable notwithstanding refusal by the naming authority
to register your desired name.
2.3 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.
2.4 We shall not release any domain to another provider unless
full payment for that domain has been received by us.
3. Web Site Hosting And Email
3.1. We make no representation and give no warranty as to the
accuracy or quality of information received by any person via
the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
3.2. You shall effect and maintain adequate insurance cover in
respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that:
3.3.1 you will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third
party, nor will you authorise or permit any other person to do
3.3.2 you will not post, link to or transmit:
(a) any material that is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way
(b) any material containing a virus or other hostile computer
(c) any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of any jurisdiction.
3.3 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorised use of your
account or breach of security, including loss, theft or unauthorised
disclosure of your password or other security information.
3.4 You shall observe the procedures that we may from time to
time prescribe and shall make no use of the Server that is detrimental
to our other customers.
3.5 You shall ensure that all mail is sent in accordance with
applicable legislation (including data protection legislation)
and in a secure manner.
3.6 In the case of an individual User, you warrant that you are
at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of
3.7 Any access to other networks connected to Flash Granny must
comply with the rules appropriate for those other networks.
3.8 While we will use every reasonable endeavour to ensure the
integrity and security of the Server, we do not guarantee that
the Server will be free from unauthorised users or hackers and
we shall be under no liability for non-receipt or misrouting of
email or for any other failure of email.
4.1 If you are or become a reseller of our Services you will continue
to be bound by these terms and conditions, you will be responsible
for ensuring that your customers are bound by terms and conditions
that adequately reflect and give effect to these.
4.2 You shall not incur or purport to incur on our behalf any
liability nor in any way pledge or purport to pledge our credit
or to make any contract binding on us.
4.3 No default by your customers shall in any way affect, modify
or limit your obligations under this Agreement.
5. Service Availability
5.1 We shall use our reasonable endeavour to make available to
you at all times the Server and the Services but we shall not,
in any event, be liable for interruptions of Service or downtime
of the Server.
5.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 30 days you will be notified
of the reason.
5.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. You
may use no more than one login session under any one account at
any time. If you have multiple accounts, you are limited to one
login session per system account at any time; user programs may
be run only during login sessions. If your account is found to
have been transferred to another party, or shows other activity
in breach of this sub-clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
6.1 All payments must be in UK Pounds Sterling. If your cheque
is returned by the bank as unpaid for any reason, you will be
liable for a "returned cheque" charge of £25.
6.2 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time
by us on our Web site and shall be due and payable in advance
of our service provision.
6.3 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due
date, we shall be entitled forthwith to suspend the provision
of Services to you.
7. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual
property rights through the Services, including without limitation,
clearance and/or consents in respect of your proposed domain name.
You shall indemnify us and keep us indemnified and hold us harmless
from and against any breach by you of these terms of business
and any claim brought against us by a third party resulting from
the provision of Services by us to you and your use of the Services
and the Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this
Without in any way limiting our rights under sub-clause 5.3
9.1 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.
9.2 if you break any of these terms and conditions and you fail
to correct the breach within thirty (30) days following written
notice from us specifying the breach, we may terminate this Agreement
forthwith upon written notice.
9.3 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 terminate this Agreement forthwith without
notice to you.
9.4 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. We shall be entitled to delete
all such data but we may, at our discretion, hold such data for
such period as we may decide to allow you to collect it at your
expense, subject to payment in full of any amounts outstanding
and payable to us. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site as we think
10. Limitation Of Liability
10.1 All conditions, terms, representations and warranties relating
to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded, subject always to sub-clause
10.2 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
10.3 Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges
paid by you in respect of the Services that are the subject of
any such claim.
10.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of its arising.
10.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever. Flash Granny will
not be responsible for any data loss howsoever arising. You are
responsible to backup your data on a regular basis.
Any notice to be given by either party to the other may be sent
by either email, fax or recorded delivery to the address of the
other party as appearing in this Agreement or ancillary application
forms or such other address as such party may from time to time
have communicated to the other in writing, and if sent by email
shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served
on receipt of an error-free transmission report, or if sent by
recorded delivery shall be deemed to be served two days following
the date of posting.
This Agreement shall be governed by and construed in accordance
with English law and you hereby submit to the non-exclusive jurisdiction
of the English and Welsh courts.
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between
us in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation that has not
been made expressly in this Agreement.