|This document defines
the terms and conditions which constitute an agreement in law between
Nexus Data Systems Limited and the Client.
These terms and conditions do not affect your statutory rights as a
In these terms and conditions:
"Company" means Nexus Data Systems Limited (DomainNameShop.co.uk
is a trading name of Nexus Data Systems Limited);
"Client" means an organisation or individual using
any services provided by Nexus Data Systems Limited;
"Services" means any services provided by Nexus Data Systems Limited to the Client including without limit Internet connection,
and email forwarding, email accounts, web hosting, FTP hosting, domain
name registration, domain name resolution (DNS), web site design,
graphic design, consultancy, search
engine promotion, advertising and any other services provided to the
Client by Nexus Data Systems Limited;
"Site" means any collection of Content compiled by
the Client and stored on a web server or computer attached to the Internet;
"Content" means any information stored on a web server
or computer attached to the Internet including without limit web pages,
emails, scripts, programs, lists or any other electronically stored
document or file;
"Internet" means the World Wide Web, email, telnet,
SSH, SSL, FTP, web sites, domain names and any other associated technologies;
"Domain Name" and "Domain Name Registration"
mean a name registered on behalf of the Client for the Client, or on
behalf of the Client for a third party for the registration period.
The terms and conditions of each Naming Authority shall apply to all
domain name registrations;
"Pre-registration" means a potential domain name registration
under a country code domain or top-level domain or other domain which
is not yet available on the Internet but which is due to become available
within 12 months according to the information available from the appropriate
registry at the time of registration. Such registrations are not guaranteed
and the Client is required to pay a registration fee and a non-refundable
"Registration Period" means the period of ownership
of a domain name between the initial date of registration and the renewal
"Naming Authority" means an authoritative registry
responsible for the processing and storage of domain name registrations
within a domain;
"Monthly Bandwidth Usage" refers to the total
volume of all network traffic generated by access to the Client account
in a 30-day period.
"Server Space Usage" refers to the total amount
of space in bytes used at any instant by the Client to store any data
as part of the Services provided.
"ISP" means any third party who provides Internet services
to the Client.
2. DOMAIN NAME REGISTRATION, PRE-REGISTRATION, RENEWAL & TRANSFER
2.1 The Client accepts that Domain Names which expire are at risk of
cancellation. The Client is ultimately responsible for paying renewal
charges to the appropriate
registry. The Client is ultimately responsible for ensuring that the
Domain Name has been registered as they require.
2.2 The Client agrees that any costs incurred as a result of a change
of ownership of a Domain Name Registration shall be payable by the Client.
2.3 All Domain Name registrations remain the property of the Company
until payment has been made in full by the Client. The Company has the
right to withhold the Domain Name until all charges owed by the Client
or third party have been paid.
2.4 The Company may at its discretion refuse to register any Domain
Name if the Company has reason to believe that the Client has supplied
incorrect information or is acting with a lack of "good faith".
2.5 The Company may at its discretion withdraw,
from, and/or refuse to register any Domain Name which is deemed
by the Company to be of an illegal, offensive,
abusive or obscene nature.
2.6 The Company may at its discretion withdraw, suspend and/or disassociate
from any Domain Name which is deemed by the Company to
abusive, obscene or plagiarized Content including without limit any
kind of pornography, racist material or defamatory material.
2.7 The Client accepts that the Naming Authority shall store information
relating to the Client for each Domain Name Registration. Furthermore
the Client accepts that the Naming Authority may allow other organisations
and individuals to access this information. The Company is acting
only as an agent, the contract for Domain Name Registration is between
the Client and the
of which can be obtained using the information given in Clause 4.2.
2.8 The Company (including its directors, officers, employees, shareholders,
subcontractors and agents) shall under no circumstances be liable for any
loss, penalties, damages, liability, claims or expenses arising from any claims
by third parties as to ownership or other rights to use a Domain Name where one
has been registered by or transferred to the administration of the Company or
arising in any way by the Client infringing - whether knowingly or otherwise
- third party rights. The Company gives no guarantee that a Domain Name
will not infringe on the rights of a third party.
2.9 A Domain Name Registration may be transferred to another ISP at
any time after the minimum contractual period as defined in Clause
however, no charges paid by the Client relating to the Domain Name
Registration shall be refunded by the Company. Furthermore the Company
right to hold the Domain Name until all fees owed by the Client relating
to the Domain Name have been paid in full. The Client acknowledges
that the Company shall not issue renewal notifications in accordance
with Clause 11.3 for Domain Names that have been transferred to another
ISP, in addition, the Company refuses to accept responsiblity for
any Domain Names that have been transferred to another ISP, the Client
information regarding the Company shall be removed from the Naming
Authority records of any Domain Name transferred to another ISP.
2.10 In the event of a Pre-registration of a Domain Name the Client
accepts that the Company shall not be liable for any failure to register
the Domain Name.
2.11 The Company shall make no additional charges for transferring
a Domain Name to another ISP, however, any costs incurred
by the Company during the transfer process shall be payable by the
The Company shall not be obliged to complete the transfer process until
all amounts payable by the Client are received in full.
2.12 In the event of a Pre-registration where the Domain Name requested
by the Client is not available, the Company shall be required to refund
to the Client the registration fee paid for the Domain Name but not
the administration fee.
2.13 The Company shall accept no liability for the loss of a Domain
Name or any consequential business losses resulting from a Client failing
to pay the registration or renewal fees
within the specified period.
2.14 The Client accepts that Domain Names not renewed will be made
available for any third party to register by the Naming Authority.
The Company shall accept no liability for any business losses resulting
from the re-registration of a Domain Name by a third party.
2.15 In the event of a late renewal payment received for a Domain Name
from the Client (i.e. after the renewal date of the domain), any additional
charges levied by the Naming Authority shall be payable by the Client
unless the Company failed to notify the Client of the pending renewal
in accordance with Clause 5.3.
2.16 The Company shall not register or renew a Domain Name until payment
has been received, unless otherwise agreed in advance by the Company.
The Client accepts that Domain Names not renewed by the specified date
shall be automatically deactivated, furthermore the Company accepts
no liability for loss of business resulting from such
2.17 The Company will use all reasonable measures to register Domain
Names and notify the Client of the outcome, however success is not
guaranteed. The Client
cannot assume that a registration or renewal has been effected until the Company
specific confirmation of the registration or renewal.
2.18 The Client accepts that payment made to the Company for the purpose
of transferring a Domain Name to the Company for management does not
completion of the transfer.
of the transfer being unsuccessful the Company shall refund any payment
received in full. The Company shall accept no liability for the loss
of a Domain Name or any consequential business losses resulting from
of a transfer.
2.19 The Company shall not be obliged to continue to provide
Services for any Domain Name that has been transferred to another
2.20 If the Client is registering a Domain Name on behalf of a third
party, the Domain Name must be registered to the third party and not
to the Client.
2.21 .uk domain renewals and expiry - All .uk domains are renewed on an annual basis, we will send out reminder emails 120 days in advance and every 20 days before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date. Domainnameshop take no responsibility if your domain renewal fails due to your contact details being incorrect. If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us at email@example.com or by submitting a support ticket through your control panel.
If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) after to renew the domain name at the original renewal fee. Please log into the client portal area to view renewal fees. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £60 + VAT. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar. Domainnameshop will not guarantee the renewal of a domain name.
3.1 The Client shall be permitted to cancel an order of Services
without reason within 7 days from the day after the date of the
order, the Company
shall refund all sums paid made by the Client in full within 30
days of the notice of cancellation, save where any Domain Name
supplied by the Company within 7 days of the date of order shall
be subject to the 7 day cancellation period.
3.2 The Company reserves the right to monitor the Server Space
Usage of a Client - where applicable - and reserves the right to
restrictions on such usage in order to protect the interests of
the Company and the clients of the Company.
3.3 The Company reserves the right to monitor the Monthly Bandwidth
Usage of a Client - where applicable - and reserves the right to
restrictions on available bandwidth and the frequency of connection
(in case of email services) in order to protect the interests of
the Company and the clients of the
3.4 The Services supplied to the Client cover permitted Monthly Bandwidth
Usage - where applicable. The Company reserves the right to make
charges for usage above the limit at the prevailing rate.
3.5 The Client shall not permit any third party to use and/or access
any of the Company facilities for any purpose without prior written
consent of the Company given in accordance with Clause 11.3.
3.6 The Client acknowledges that it has independently determined
that the Services supplied by the Company meets its requirements.
3.7 The Company is not responsible for any delay, malfunction,
non-performance and/or other degradation of the Services caused
by or resulting from
any alteration, modifications and/or amendments due to changes
requested or implemented by the Client whether beyond the scope
the Services already supplied or contained therein. The Company
the right to raise additional charges for any work arising out
provisions of this clause.
3.8 The Company reserves the right to monitor all Sites hosted by the
Company; and to refuse to provide Services or discontinue Services
for any Site which
contain illegal, offensive, abusive, obscene or plagiarized material,
or which infringes upon the rights - including without limit the intellectual
property rights - of any third party, or any material which is deemed
by the Company to invite legal action against the Company.
The Company shall not be required to make any refund in
3.9 The Client acknowledges that changing nameservers or DNS settings for a Domain Name may result in down time. The Company reserves the right to refuse to provide Services for Domain Names which are not held Company nameservers or which are not registered through the Company.
3.10 The Client acknowledges that the Company may from time to time move services to new servers to perform upgrades or maintenance. If any forseeable downtime is likely to occur the Company shall notify the Client in advance. However the Company shall accept no liability for downtime occurring to web site applications that are not fully portable between servers.
3.11 The Company reserves the right to refuse to provide Services
or discontinue Services if the Client has behaved in an offensive
manner (including without limit racial discrimination, sexual discrimination,
threatening behaviour and verbal or physical abuse) to any Company
staff member (including
its directors, officers, employees, shareholders, subcontractors
The Company shall not be required to make any refund in accordance
3.12 The Company shall accept no liability for any business losses resulting
from a Client failing to keep secure any security information supplied by the
Company or a Naming Authority including without limit, usernames, passwords,
pin numbers, authorisation codes and documents.
3.13 The Company shall accept no liability for any business losses resulting
from a Client failing to pay for the renewal of Services by the specified date. The
Company reserves the right to terminate Services in accordance with Clause 6.7.
4. OBLIGATIONS OF THE CLIENT
4.1 The Client agrees to indemnify the Company (including its directors, officers, employees, shareholders, subcontractors and agents) and all Naming Authorities (including their directors, officers, employees, shareholders, subcontractors and agents) against any loss, penalties, damages, liability,
claims or expenses directly or indirectly related to the Services provided to the Client by the Company.
4.2 The Client shall at all times comply with the terms and conditions
for the registration and renewal of Domain Names published by the
Naming Authority and generally to the terms and conditions of any
such authority having similar force and to which the client may
as a result of Services provided by the Company. The Client shall
acknowledge terms and conditions relating to Domain Names may change
at any time
and such changes are not under the control of the Company. The
links to the terms and conditions of the registries most commonly
the Company are shown below:
||co.uk, ltd.uk, plc.uk, org.uk, me.uk
||com, net, org, info, biz
||uk.com, uk.net, gb.com, gb.net + all CentralNic
||Accessible through the IANA website:
4.3 The Client must
specify a communications address in a recognised form to which the Company
may send all notices or other forms of communication.
4.4 The Client shall promptly notify the Company of any change to the
communication address of the Client and the Client acknowledges that
the Company shall not be liable for any costs, damages or loss which
the Client may suffer or incur as a result of failure to notify such
changes to the Company.
4.5 The Client shall immediately notify the Company if it becomes aware
of any unauthorised use of all or any of the Services.
4.6 The Client shall not use the Services for any unlawful purpose
or for the publication, linking to, issue or display of any unlawful
obscene material (which shall include without limit any pirated software
or any material which is obscene, pornographic, threatening, malicious,
abusive, harmful, defamatory or which breaches the rights - including
without limit the intellectual property rights - of any third party
which is or encourages criminal acts or contains any virus, worm,
trojan horse or other harmful code) whether under English law or
the laws or regulations of the country of current residence of the
Client or any other place where the results of such purpose or such
can be accessed.
4.7 The Client shall not use the Services for the publication, linking
to, issue or display of any material which at the discretion of the
Company may harm the Company or any of its clients or bring the Company
into disrepute or call into question any action taken by the Company
on the behalf of a Client.
4.8 The Client shall treat as confidential the Services supplied by
the Company and either designated as confidential by the Company or
confidential by its nature (information). Information shall not include
information which is lawfully in the possession of the Client otherwise
than through disclosure by the Company or which is in the public domain
(otherwise than through unauthorised disclosure by the Client).
4.9 The Client shall not provide any technical information obtained
from the Company to any person, company, firm or government entity when
the Client knows or has reason to believe that the supply of information
may indirectly or directly lead to a contavention of the laws or regulations
of the United Kingdom applicable to the export supply or use of goods
4.10 The Client shall promptly notify in accordance with Clause 11.3
the Company if it becomes aware of a breach of confidence and shall
give the Company all reasonable assistance in connection with any proceedings
the Company may institute against a third party at the expense of the
4.11 The Client shall not use the Services to send illegal, abusive
or offensive Content; or to send bulk unsolicited email (a process
referred to as spamming).
4.12 The Company enforces "good netiquette" practice as detailed
at http://www.faqs.org/rfcs/rfc1855.html and the Client shall comply
with this code of practice.
4.13 The Client shall under no circumstances attempt to gain unauthorised
access to Company systems including without limit passwords, files,
documents, databases and any other unauthorised access.
5. OBLIGATIONS OF THE COMPANY
5.1 In the event of a systems failure resulting in a disruption of the
Services the Company will endeavour to repair and reinstate the service
within 24 hours of detection depending on the severity of the failure.
If failure is caused by the Client or any agent of the Client to whom
access to the Company web servers was given the Client shall pay all
costs to reinstate and/or repair the Services.
5.2 The Company shall at all times take reasonable steps to safeguard
the Company web servers and the data contained therein from damage,
accident, fire, theft and unauthorised use.
5.3 The Company shall notify the Client, in accordance with Clause
11.3, of any fees required to secure the further use of a Domain Name
end of the current registration period. Any liability of the Company
in this respect shall be limited by Clauses 2.1 and 4.4.
5.4 All confidential information regarding the Client or the customers
of the Client disclosed to the Company shall be regarded as disclosed
in confidence and shall be used in connection with the affairs of the
Client and not be passed on to any third party and/or in any way be
made use of by the Company at any time either during or after the termination
of this agreement save with the consent or the Client or which comes
into the public domain (otherwise than through the unauthorized disclosure
by the Company).
5.5 The Company shall promptly notify the Client of any change to the
communication address of the Company.
5.6 The Company shall process all Domain Name Registrations requested
by the Client and submit applications for each Domain Name to the relevant
Naming Authority with the exception of applications deemed by the Company
to be subject to Clauses 2.4, 2.5 and 3.8.
5.7 The Company shall pay all amounts relating to a Domain Name Registration
which are invoiced to the Company and for which the Company has received
payment by the Client except where the Company is unable to meet its
obligations according to Clause 10.5.
5.8 If the Company refuses to register a Domain Name for the Client
in accordance with Clauses 2.4 and 2.5, the Company shall refund in
full any amounts received from the Client relating to the Domain Name.
6. CHARGES AND PAYMENT
6.1 The Company reserves the right to make reasonable changes to the
fees paid for Services from time to time. The Company shall notify the
Client of any such changes by updating the Company web site.
6.2 All charges quoted to the Client for the Services are exclusive
of any value added tax (VAT) for which the Client shall be additionally
liable to pay at the appropriate rate.
6.3 The Client agrees that all amounts invoiced by the Company for Services
shall be paid within 30 days of the date of the invoice unless otherwise
agreed in writing by the Company.
6.4 Where invoiced amounts are outstanding for more than 60 days from
the date of the invoice and without prejudice to the Company's other
rights and remedies consequent upon breach of these terms and conditions,
the Company reserves the right to charge interest on a daily basis at
a rate of 1.5% per month from the first working day after 60 days beyond
the invoice date.
6.5 In the event that a cheque
the Client causes the Company to incur bank charges (including but
not limited to a stopped, referred or bounced cheque), the Client
shall pay a fee of £25 to the Company to cover bank
6.6 In respect of a Domain Name, failure for any reason by the Client
to make payment within the period specified in Clause 6.3 shall
the Company to de-register (or disassociate itself from) the Domain
Name registered on behalf of the Client without any liability for
6.7 In respect of a Services provided to the Client, failure for any
reason by the Client to make payment within the period specified in
Clause 6.3 shall entitle the Company to suspend or terminate the Services
without any liability for loss or damage suffered by the Client howsoever
6.8 In the event that the Company has suspended or terminated the Services
due to a breach of contract the Company shall not be obliged to refund
any fees paid by the Client.
6.9 In the event of a system error causing an incorrect price to be
charged on an order, the Company reserves the right to amend an order
with the correct price provided that the Client has been notified within
hours of the date of the order.
7.1 The minimum contractual period for the provision of Services by
the Company with the exceptions noted in Clauses 7.2 and 7.3 is 12 months
from the first day that the Services are made available to the Client.
7.2 The minimum contractual period for a Domain Name Registration is
60 days from the date of registration of the Domain Name.
7.3 The minimum contractual period does not apply to web design, graphic
design, programming or consultancy services provided by the Company
unless by specific agreement with the Client.
8.1 The Company accepts no liability for loss or damage to the Client
arising from any material, data or instructions supplied whether digitally
or otherwise by the Client or on its behalf which is incomplete, inaccurate,
illegible, out of sequence, in the wrong form, or arising from late
arrival or non-arrival or any other fault by the Client or on its behalf.
8.2 The Company's 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
8.3 In no event may the Client bring any claim against the Company
more than 12 months after the Client knew of (or ought reasonably to
giving rise to the potential liability.
8.4 In no event (including Company negligence) will the Company be
(a) economic losses (including, without limit, loss of revenues, profits, contracts,
business or anticipated savings); (b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of Data
even when the Company has been advised of the possibility of such losses.
9. SUSPENSION OF CONTRACT
9.1 Without prejudice to any other conditions the Company reserve the
right to suspend Services of a Client indefinitely in the event that
any of these conditions are breached and suspension of Services will
continue until the cause of the breach is rectified or until otherwise
9.2 Any failure or delay by either party in exercising any rights or
remedy will not constitute a waiver.
9.3 If either the Company or the Client is unable or if impracticable,
to perform any of its obligations under these conditions due to circumstances
beyond the control of either party the offending party shall immediately
give notice to the other party in accordance with Clause 11.3 and indicate
what steps (if any) are being taken to the remedial.
9.4 Other than for Domain Name Registration, this agreement shall be
deemed to expire only in the event that the Client has given one months
written notice no later than the end of the eleventh month after the
supply of services stating its intention to terminate this agreement
otherwise the following years annual fee for the Services shall become
payable by the Client.
9.5 Any breach by the Client of any of its obligations thereunder shall
entitle the Company to recover its loss arising from any such breach
where such losses are within the contemplation of the Client.
10. TERMINATION OF CONTRACT
10.1 Either party may terminate the agreement after the minimum contractual
period by giving to the other party not less than one month's notice
in accordance with Clause 11.3.
10.2 The Company may terminate the agreement if the Client fails to
pay any sums due hereunder within the settlement period stated on the
invoice or notice presented to the Client.
10.3 The Company may terminate the agreement immediately by giving notice
to the Client if the Services are being used in a way which contravenes
the laws of the United Kingdom, or which breaches, without limit, Clauses
3.8, 4.6, 4.7, 4.11 or 4.12, or which in any way is likely to endanger
the operations of the Company or its clients, or which in any way infringes
upon the rights of a third party.
10.4 Either party may terminate the agreement if the other commits any
material breach of any these conditions, with the exception of Clause
10.2 and Clause 10.3, and which has not been remedied within 30 days
of a notice in accordance with Clause 11.3 to remedy the same, provided
the breach is able to be remedied.
10.5 Either party may terminate the agreement if the other shall convene
a meeting with its creditors or if a proposal shall be made for a voluntary
arrangement within part 1 of the Insolvency Act 1986 or a proposal for
any other composition scheme of arrangement with (or the assignment
for the benefit of) its creditors or if the other shall be unable to
pay its debts within the meaning of Section 123 of the Insolvency Act
1986 or if a trustee receiver or administrative receiver or similar
officer is appointed in respect of all or any of the business or assets
of the other party or if a petition is presented or a meeting is convened
for the purpose of considering a resolution or any other steps are taken
for the winding up or the making of an administrative order (otherwise
than for the purposes of a solvent amalgamation or reconstruction).
10.6 Any termination pursuant to the proceeding clause shall be without
prejudice to any other rights or remedies which a party may be entitled
to hereunder or at law and shall not effect any previous rights or liabilities
of either party nor the coming into or continuance in force of any provision
hereof which is expressly or by implication intended to come into or
continuing force upon or after such termination.
11.1 The Company may make reasonable changes to the terms of this agreement
from time to time. The Company shall notify the Client of any such changes
by updating the Company web site before the changes take effect.
11.2 The Company will not be liable for any loss or damage suffered
by the Client in the following cases: (a) losses that were not foreseeable
by both parties at the start of this agreement; (b) losses that were
not caused by any breach on the part of the Company; or (c) business
losses or losses to non-consumers.
11.3 Any notice to be given under this agreement shall only be deemed
to be served if delivered by hand or sent by pre-paid post, by fax or
by email, to the party to whom it is given at its last known postal
or email address or fax number. The notice will be effective: if delivered,
on delivery; if sent by fax or email, when the sender receives confirmation
of receipt; and if sent by post, on the fourth day after posting.
11.4 Neither party shall be liable in damages or have the right to terminate
this Agreement for any delay or default in performing hereunder if such
delay or default is caused by conditions beyond its control including,
but not limited to natural disasters, government restrictions (including
the denial or cancellation of any export or other necessary license),
war, strikes, fires, floods and/or any other cause beyond the reasonable
control of the party whose performance is affected.
11.5 No forbearance or delay by either party in enforcing the provisions
of the contract will prejudice or restrict its rights, nor will any
waiver of any right operate as a waiver of any subsequent breach.
11.6 This agreement shall be governed by English Law and the Company
and the Client agree to be subject to the exclusive jurisdiction of
the English Courts.