The following terms of business apply to any or all of the domain name registration, web site hosting, email services (together “Services” and individually “Service”) to be provided by us to you from time to time. “Server” means the computer server equipment operated by us or our providers in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us/our providers to you for use by you as a site on the Internet.
These terms and conditions are subject to change from time to time without notice and the latest version can be read at Exmoor Creative or call our offices for a copy.
DOMAIN NAME REGISTRATION
- We do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified by us that your requested domain name has been fully registered.
- The registration of the domain name and its ongoing use is subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. This does not affect your statutory rights as a consumer.
- 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 such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. This does not affect your statutory rights as a consumer.
- Once you enter a contract with Exmoor Creative to purchase a Domain, we will invoice you. You must not under any circumstances order the same domain from another registrar before or after entering into a contract with Exmoor Creative, as this will cause us unwarranted administration problems & costs, and we will not be able to issue a refund under any circumstances, whether we manage to obtain the domain first or whether the other registrar obtains it for you.
- We will not be held liable for any losses (directly or indirectly) caused by non re-registration of domains for whatever reason. The re-registration of domains are solely the client’s responsibility. However, we will attempt to contact the owner of the domain in advance in order to give the option to renew the registration of the domain through Exmoor Creative. Transfers: we cannot transfer a domain out for the first 3 months of registration. Transfer out charges may apply depending on the domain name extension.
- .UK Domains
All our .uk domain names are registered with Nominet UK and are subject to their terms and conditions available here www.nominet.uk/go/terms
WEB DESIGN / SEO/ HOSTING/ OTHER SERVICES TERMS AND CONDITIONS
Specific terms are tailored and change from time to time, and a link to the relevant terms will be included with an email representing the relevant service during initial negotiations/proposal stages. Copies of specific terms for any of our current clients are always available by request.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
- You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation’s in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store
You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.
LIMITATION OF LIABILITY
We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under any 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.
Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
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 which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
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.
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.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter.
We aim to give good service and value for money, however we recognise that from time to time issues can arise that need to be escalated. The following section gives information on how to contact us, and what to do if you have a complaint.
Step one: how to contact us
If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our Customer Support teams, you may send your complaint in writing to:
Exmoor Creative LLP
Linden Lea, Brushford, Dulverton, Somerset, TA22 9BH
You should expect to receive a response to your query within five working days of us receiving your correspondence.
Step two: what we will do
On receipt of your complaint we will thoroughly investigate any issues raised and propose a course of action for resolution within a further 5 working days.