Terms and conditions.
UK Domain name registrations are managed and governed by Nominet. Nominet's terms and conditions can be found by clicking here.
Interpretation.
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Customer: the person, firm or company who purchases the Services from the Company.
Company: Obverse Solutions.
Contract: any contract between the Company and the Customer for the sale and purchase of the Services, incorporating these conditions.
Introduction.
2.1 Obverse Solutions provides web hosting services including domain registration and site design. Obverse Solutions has agreed to host the Customer's data upon the following terms and conditions.
Payment and Charges.
3.1 Payment methods include bank transfers and card payment.
3.2 Obverse Solutions accepts pre-payment and deposits by Debit or Credit card via PayPal.
3.3 Any advertised charges are exclusive of VAT, which is to be added and shall be paid by the Customer.
3.4 Obverse Solutions will not register a domain name or design or host the Customer’s webpage or site without receipt of part, being 50% or full, being 100% of the total invoice amount.
3.5 Obverse Solutions do not provide credit facilities.
3.6 Refunds will not be issued for yearly services that are cancelled before the end of the year.
3.7 All annual contracts will be renewed automatically by Obverse Solutions unless the Customer advises otherwise according to the cancellation terms. Obverse Solutions will contact the Customer within one month of the end of the contract to remind the customer by email, phone or mail.
Term and Cancellation.
4.1 Unless otherwise stated the term of the contract is 12 months from the date of commencement or renewal.
4.2 The contract will become effective on the date payment either in part or in full has been received, and shall continue until terminated in writing by the Customer or Obverse Solutions.
4.3 Obverse Solutions shall have the right to terminate this Contract with immediate effect by written notice to the Customer if the Customer fails to make any payment when it becomes due.
4.4 Either party may terminate this Contract forthwith by notice in writing to the other if:
4.4.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
4.4.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
4.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
4.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
4.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
4.5 On termination all data held in the Customer’s account will be deleted.
Domain Name Registration.
5.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Obverse Solutions will inform the Customer and offer an alternative domain name.
5.2 All domain names will be registered to Obverse Solutions unless the Customer requests otherwise.
5.3 If at any time the Customer wishes to transfer or host the domain name away from Obverse Solutions a £25 + VAT transfer fee will be charged to the Customer. The Customer must email Obverse Solutions to request any transfer.
5.4 Please view Nominet’s terms and conditions for domain name registrations.
5.5 Obverse Solutions will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
Acceptable Use Policy.
6.1 The website and use of the Goods may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
(a) Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
(b) Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
(c) Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
(d) Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
(e) Engage in illegal or unlawful activities through the Services or via the Website;.
(f) Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
(g) Operate or attempt to operate IRC bots or other permanent server processes.
6.2 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 6.1 Obverse Solutions shall be entitled to withdraw the Services and terminate the Customer's account without notice.
Bandwidth.
7.1 The website packages include a specified amount of bandwidth, if the Customer exceeds this amount regularly Obverse Solutions will discuss with them options to upgrade to an account that has more bandwidth. The bandwidth usage is shown in the Customer Control Panel.
7.2 Website packages that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.
7.3 Website packages are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain, sub domain or directory.
Limitation of Liability.
8.1 Nothing in these terms and conditions shall exclude or limit Obverse Solutions' liability for death or personal injury resulting from Obverse Solutions’ negligence or that of its employees, agents or sub-contractors.
8.2 The entire liability of Obverse Solutions to the Customer in respect of any claim whatsoever or breach of this Contract, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Contract in respect of which the breach has arisen.
8.3 In no event shall Obverse Solutions be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Obverse Solutions had been made aware of the possibility of the Customer incurring such a loss.
Communications.
9.1 All communications between the parties about the Contract shall be in writing and delivered by email:
(a) (In case of communications to Obverse Solutions) to email @ obversesolutions (dot) com; or
(b) (In the case of the communications to the Customer) to the address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to Obverse Solutions by the Customer.
9.2 Communications shall be deemed to have been received if sent by email, within five working days.
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