These terms of business apply to shared hosting plans, VPS hosting, dedicated servers, IP address purchases, off site backup purchases, free web hosting plans, software licences and domain name registration services. All prices are subject to VAT. Where the context admits: "We" & "Us" includes webreger.com – Full website design/development and hosting provider, of United Kingdom or any party acting on webreger.com's implicit instructions. "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" the relevant domain names Registry. "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.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Domain Name Registration
1.1. 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.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk/ as well as with webreger.com.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. 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 Registry but will not be obliged to take part in any such dispute.
6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7. Domain names may be transferred away from us at any point of your contract as long as there are no outstanding invoices held against your account.
1.8. We do not charge for domain name transfers to or away from us.
1.9. When domain names are transferred to us billing starts from the day of transfer regardless of the domain names actual renewal date.
2. Renewal and expired domains
.1. Domain names are renewed on a yearly or two yearly bases depending on the domain name and the package selected. Domain name renewal notices are sent out 21 days prior to their renewal date.
2.2. If you do not wish to renew your domain name you must contact us a minimum of 14 days prior to your domain name renewal date.
Unless instructions to cancel your domain name are received 14 days prior to their renewal date your domain name will automatically renew and invoices will become valid. Cancelation requests are only classed as received once we confirm via email that your request has been received.
2.4. For all .uk domain names after the renewal date will (if requested to be cancelled) go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price.
2.5. You may request us to renew your .uk domain name in relation to section 2.4. 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 by Nominet.
3. Shared Hosting, free Hosting, VPS & Dedicated Servers
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 represent, undertake and warrant to us that you will use the Web space allocated to you only for lawful purposes and to promptly inform us if this clause or any sub clause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
3.2.1. 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 so.
3.2.2. You will not upload, post, link to or transmit:
22.214.171.124. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
126.96.36.199. Any material containing a virus or other hostile computer program.
188.8.131.52. 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.
184.108.40.206. Any material which is forbidden by our acceptable use policy.
3.2.3. You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.2.4. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.2.5. Any file you store on the Server will be reachable via a hyperlink from a page on your site.
3.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
.4. 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 but not limited to loss, theft or unauthorised disclosure of your password or other security information.
3.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.7. 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 18 years.
3.8. Any access to other networks connected to webreger.com must comply with the rules appropriate for those other networks.
3.9. 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.
3.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
3.11. Any web space that falls subject to abuse reports is the responsibility you and not us, we will notify you if abuse reports and made against your web space. Abuse reports must be dealt with within 48 hours of notification. You must respond within 48 hours with a detailed report of what's been done to further prevent server abuse. Failing to do so in such a time frame means your server or web space will be suspended.
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.
4.4. We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
5. Service Availability
5.1. We shall use our reasonable endeavours 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 down-time of the Server.
6.1. 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, errors and omissions accepted and shall be due and payable in advance of provision of the Services.
6.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
6.3. Payment is due each anniversary month, quarter, year or two years following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit / debit card or PayPal you authorise webreger.com to debit your account renewal fees from your card.
6.4. All payments must be in UK Pounds Sterling.
6.5. If your cheque, card or PayPal payment is returned by the bank as unpaid for any reason, you will be liable for a "returned fees" charge of £20.
6.6. 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 but not obliged forthwith to suspend the provision of Services to you And a suspension charge of £20 added to your account.
6.7 Services paid via cheque will not be registered or activated where applicable until payment has cleared.
6.8 All accounts must be kept in good standing (paid up to date) for services to be provided.
6.9 Any account left unpaid, suspended or terminated will still be liable for their full fees for the up-front anniversary period.
6.10 Renewal notices are hereby accepted upon receipt of renewal email notifying account holder of latest bill is now due on your account.
6.11 All invoices which become 7 days overdue will incur a £18 plus VAT late payment fee.
6.12 Accounts that have two renewal invoices overdue (For monthly services) or one renewal invoice 45 days overdue (For yearly, two yearly and 3 yearly services) will be terminated and passed over for collection..
6.13 Accounts that are terminated and passed for collection will incur a £60 plus VAT account termination admin fee. This will be added to your account on the day of termination.
6.14 Please note all accounts beyond our credit terms will be passed to our debt collection agency, Sinclair Goldberg Price Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
7. Termination and Refunds
7.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:
7.1.1. Fail to pay any sums due to us as they fall due.
7.1.2. Break any of these terms and conditions.
7.1.3. Are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
7.2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1.
7.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you will be entitled to a pro rata refund based upon the remaining period of prepayment.
7.4. You may cancel the Services at any time giving 14 days notice before your next payment is due. To do so you must request cancellation of the Services via the cancelation function within your account management area. We will cancel the Services within 7 working days of receipt of your request as long as you have no outstanding invoices for the package being cancelled, and or you have given the full 14 days notice prior to the package renewal date. Until such a request is made and received by our system all accounts will renew in accordance with these terms.
7.5. Services that have an outstanding invoice due cannot be cancelled until all outstanding invoices are paid.
7.6. During the first 24 hours of Services, You are entitled to a refund of the basic hosting plan rental fee should you decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 24 hours of service should you decide to cancel the Services.
7.6.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
7.6.2. You will not be entitled to a refund on this basis if you have previously held an account with webreger.com.
7.7. Where payment has been made by credit / debit card or PayPal any refund will only be issued to the same credit / debit card or PayPal.
7.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
7.9 You have the right to terminate you account help with us at any time. Closing your account must be done through the account management area. In order to close you account you must have no active packages and all invoices must be paid up to date.
8. Free web hosting
8.1 Free web hosting is provided to you by us under this agreement. We reserve the right to terminate this product/services at anytime.
9. Off site backups
9.1 Off site backups provide by us are provide for use with web hosting and web servers in order to make nightly backups in case of system loss.
9.2. Off site backups should not be used as hosting for storing files for regular downloading. Bandwidth speeds are limited and the backup hosting provided by us are for server backups only.
9.3. Any data stored using the Off site backup package remains the customers responsibility to ensure that the data is of safe and legal content to be stored.
9.4. Although we endeavour to maintain the backup servers with 100% uptime and functionality we are not liable for loss of data in the event of down time or hard drive failure.
10.1. 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 any of the terms of this Agreement.
11. Limitation Off Liability
11.1. 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 to o the extent applicable under UK law, subject always to sub clause 11.2.
11.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
11.3. 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 which are the subject of any such claim.
11.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
11.5. 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.
12.1. 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.
12.2 You agree while keeping an active account with us for occasional newsletter letter emails to be sent out to the account holders registered email address in relation to offers or information we deem appropriate for our customers.
13.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
14.1. This Agreement shall be governed by and construed in accordance with Scottish and UK law and you hereby submit to the exclusive jurisdiction of the Scottish and UK courts.
14.2. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
15. Entire Agreement
15.1. 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 confirm that 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 which has not been made expressly in this Agreement.
15.2. We reserve the right to amend these terms at any time. It is your responsibility to check you have an up to date copy of these terms. Updated terms will be published on our website. We will always send an email to the account holder notifying them of updated terms and conditions.