Terms and Conditions of Service
The following Terms and Conditions apply to any, or all, of the domain name registration, web site hosting and email services (called “Services or Service”) to be provided by Welch Consultant Services Limited, 44 Hawthorn Road, Newbury, Berkshire, RG14 1LB (“us”) to you (the customer) from time to time.
“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.
1. Domain Name Registration
1.1 We do not guarantee that the domain name applied for will be registered in your name. Accordingly, you should take no action in respect of your requested domain(s) until you have been notified that your requested domain name has been registered.
1.2 All domain registrations are subject to the relevant authorities terms and conditions of use and you are responsible for ensuring that you are aware of them. Domains registered within the top level UK domain are registered with Nominet. Their terms and conditions are available here.
1.3 We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any dispute. We reserve the right to suspend or cancel any domain name in the event of such a dispute.
2. Web Site Hosting
2.1 We exclude any warranty as to the accuracy or quality of any information held on the Server and will not be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
2.2 You agree that you will only use your assigned Web Site for lawful purposes. You will not knowingly or recklessly post, link or transmit and material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane, racist, or in any other way offensive to any person. You will not knowingly post any material containing a virus or other hostile computer program. You will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of the country. You will make sure that you, or any of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
3. General Terms and Conditions
3.1 Service Availability
3.1.1 We shall endeavour to provide continuous availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. In order to carry out maintenance we shall endeavour to notify you of the down time.
3.2 Termination
3.2.1 We may terminate this agreement immediately if you fail to pay any sums due within 30 days of the date of invoice.
3.2.2 We may terminate this agreement upon:
Giving written notice if you breach any of these terms and conditions and you fail to correct the breach within fourteen (14) days following written or emailed instructions from us specifying the breach
You going into insolvent liquidation (if you are a company), or being declared bankrupt (individual).
3.2.3 On termination of the agreement we shall be entitled immediately to block your Web Site and remove all data located on it. We shall hold data for a period of 14 days and allow you to collect it, failing which we shall be entitled to delete all such data. We shall also be entitled to post notice in respect of the non-availability of your Web Site as we think fit.
3.3 Payment
3.3.1 All charges payable by you to us for the Services are exclusive of Value Added Tax (VAT), which shall be paid by you at the rate applicable at the time of the agreement. All invoices shall be paid within thirty (30) days of the date of invoice.
3.3.2 The provision of Services shall be dependent on us having received payment in full from you. We reserve the right to suspend Services if any sum owed is not paid on or before the due date.
4. Notices
4.1 Any notices given by either party to the other shall be sent by email, fax or Recorded Delivery to the last recorded address of the other party. If sent by email the notice shall be deemed as received on the same date it was sent, unless deemed otherwise. Similarly as fax shall be deemed as served on receipt of an error free transmission. If sent by Post Office recorded delivery it shall be deemed as served two days following date of posting, unless the Post Office has a problem with delivery.
5. Law
5.1 These terms and conditions shall be governed by English law.
6. Entire Agreement.
6.1 These Terms and Conditions, together with any document 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 information given by either party shall alter the interpretation of these Terms and Conditions.
These Terms and Conditions were last updated on 25th July 2002.