Terms & Conditions

These conditions form part of our agreement to provide services to you the customer. Please ensure that you read these carefully.

General Terms and Conditions

These General Terms & Conditions in association with any Specific Terms and Conditions for any additional services we may provide to you form the Agreement between Reach Internet and the Customer. If any of these General Terms & Conditions are inconsistent with any Specific Terms and Conditions for your Services, then the Specific Terms & Conditions shall prevail. By purchasing any of our Services you expressly agree that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and that they also agree to be bound by the terms of this Agreement including all applicable laws and regulations in relation to this Agreement.

Definitions

"Agreement" means any agreement to which these General Terms & Conditions together with any Specific Terms & Conditions for your Services.

"Order" means a request made by you the Customer for Services to be supplied in regard to the terms of this Agreement.

"Services" means the services and or products supplied by Reach Internet Limited.

"Company" / “Us” means Reach Internet Limited, a company registered in England and Wales under company number 06974831 whose registered office is Suite 22 Telford Business Centre Halesfield 8 Telford Shropshire TF7 4QN United Kingdom.

"Customer" / “You” means the person or company who purchases Services from Reach Internet Limited.

1. Commencement of this Agreement

1. This Agreement will only commence when the Company provides the Customer with written confirmation that your Order has been accepted.

2. Supply of Services

1. We will endeavour to supply the services to the Customer as soon as reasonably practicable and in the event that we become aware of any reason for any delay we shall notify you.

3. Duration and Renewal of Services

1. Unless otherwise specified in writing, all Services are provided for a minimum 12 month contract period and unless cancelled in accordance with Clause 4 below will automatically be renewed for the billing period originally specified.

4. Cancellation

1. Please note that by signing up for our Services You expressly agree to us commencing the supply of your Services. As a result, once started you will not have the right to cancel this Agreement until the first anniversary date of said Services, or any fixed shorter contract period of time where applicable.

2. You are entitled to cancel the Services by contacting Us in writing no less than 1 working day prior to the renewal date for your Services. Any request to cancel the Services will be actioned at the end of the current billing period. Once we accept your cancellation request You will be provided with written confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to You.

3. We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of this Agreement.

5. Registration of Domain Name(s)

1. The Company does not accept responsibility nor does it make any warranty that the domain name(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs the Customer incurs if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

2. Upon the successful Registration the Company will host the Customer's domain name(s) for the duration of the contract or until such time as a transfer request is received so long as that domain(s) remains validly registered to the Customer and complies with the current rules of the respective Naming Organisation for that domain(s) which can be found at http://www.reachinternet.co.uk/Pages/Naming-Organisation-Rules.aspx

3. Notwithstanding Clause 5.2, the Company reserves the right to suspend or to cancel any application for Registration or refuse to host a domain name(s) in the circumstances set out in Clause 4.3 of this Agreement.

4. Once we complete your domain order we shall notify you of the successful registration of the domain name(s). We will host your domain name(s) for the initial registration/billing periods and for all future registration/billing periods. Unless terminated in accordance with Clause 4.2.

5. The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be found at http://www.nominet.org.uk/disputes/resolving-domain-disputes alternatively .com, .net, .org, .info, .biz and .name domains will be resolved in accordance with the ICANN Dispute Resolution Service which can be found at https://www.icann.org/resources/pages/tdrp-2012-02-25-en both of whom may impose restrictions on the registration, termination or transfer of the domain name(s) with its current host during or pending the settlement of such a dispute.

6. The Customer shall be permitted to transfer their domain name(s) to another host other than the Company if they so wish upon termination of this Agreement in accordance with Clause 4.

6. Invoicing - Registrations and Renewals

1. Payment in respect of all Services is on demand or as specified on your invoice.

2. We will automatically generate an invoice in respect of the next period unless the Services have been cancelled in accordance with clause 4 above. Invoices are sent by post approximately one month before the renewal date of your Services. If your invoice is for domain(s) renewal only then this will always be on the anniversary of the registration date. If you have Services on your domain(s) then the invoice will be sent one month before the anniversary date of when the Services were added, as part of the Service costs your domain(s) will be renewed by Us when it is due.

3. We reserve the right to change the prices of our Services by giving You 30 day’s written notice of those changes. Notice of changes to prices of Services will be given by email to the email address we hold for your account. Any price change will take effect automatically upon a renewal of Services.

4. All fees are payable in advance and are non-refundable.

5. If we choose to cancel the Services we provide to You for any reason other than a breach of the terms of this Agreement by You, we will refund You on a pro rata basis.

6. In the event that Services are suspended or temporarily unavailable or if for any reason processes or programs need to be deactivated in order to ensure the stable performance of the Services You will not be entitled to a refund.

7. Where a Service is not provided with unlimited usage as standard, you will be liable to pay any charges incurred by exceeding the agreed data use limits in relation to those Services. Any additional charges will be at the rate set out in your original package.

7. Payments

1. All payments must be made in UK pounds sterling, inclusive of applicable taxes and charges where applicable. Payments can only be made by Cheque or Bank Transfer.

2. We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs that may be incurred by Us in taking steps to recover any sums due by You.

3. We reserve the right if needed to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You.

4. You may be asked to pay additional Administration Charges as may be required by Us for reactivation of any Services due to disconnection or suspension.

8. Appropriate use of Services

1. We reserve the right to refuse to provide any and all Services or access to our servers at any time at our discretion.

2. We do not allow any content to be stored on our servers which contravenes our Acceptable Use Policy or which is of a malicious or indecent nature. We reserve the right to; remove such content, suspend or even cancel the Services immediately if we consider that such content breaches these rules.

3. We shall notify You if we become aware of any alleged breach by You of the Acceptable Use Policy.

4. Should Your use of the Services result in an overly high load on Our systems, then we may suspend Your account at our sole discretion until the cause of any such overload (legitimate or otherwise) is determined.

5. You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.

6. In the event that we remove your data or content or suspend all or any Services and later reinstate such content or resume the Services, You shall indemnify Us against all damages, losses and expenses arising as a result of any action or claim arising out of your breach of the Acceptable Use Policy.

9. Data

1. All data created or stored by You within our applications and servers are your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within your server space or within applications on servers owned by Us.

2. In the event of loss of or damage to your data relating to a failure in our systems or servers, we will make reasonable commercial efforts to assist You with restoring your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all your data.

3. You shall indemnify Us and hold Us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of your content or data.

10. Passwords

1. It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of You giving a third party access to your password.

2. You are responsible for any and all actions arising out of the use of any account password that we may issue to you.

11. Scheduled Maintenance

1. Services that are provided through our infrastructure will at some point will be subject to downtime caused by scheduled or emergency maintenance or repair. We ensure that any disruption to the Services is kept to a minimum and any scheduled work usually takes place during off-peak hours when possible. We will not be liable to You or any third party for losses whatsoever caused by any such downtime; whether emergency or scheduled.

2. We reserve the right to deactivate any individual processes or programs as necessary in the interests of technical progress, or security to ensure the stable operation and integrity of our systems.

3. We shall take reasonable steps to ensure that any deactivation of individual processes or programs will not result in changes to the core function of the Services we provide You and to offer technical alternatives as and when such alternatives become available.

4. In the event that such changes result in changes to a core function of the Services we provide You and no viable alternative is available, You will be entitled to a pro-rated refund in accordance with Clause 6e above.

5. In the event of changes to processes or programs pursuant to clause 11b above, You agree to cooperate and be responsible for managing any adjustments to your Services if requested to do so. We will communicate any changes to You as soon as is reasonably possible.

12. Your Contact Details

1. You warrant that the contact information You provide to Us is correct, and that You will notify Us in writing of any changes. You agree that we may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.

2. We will not divulge your personal information to any third parties without first obtaining your express permission unless we are required to do so by law. We may, however, need to provide your name and delivery address to third parties working in conjunction with Us to deliver specific Services to You in accordance with our Privacy Policy.

13. Disclaimers and Warranties

1. We do not back up your data for data recovery purposes and whilst we will use our commercial endeavours to assist You in the event of data loss arising out of hardware failure, we do not guarantee we will be able to replace lost data. It is your sole responsibility to ensure your data is backed up for data recovery purposes.

2. The Services are provided on an "as is" basis. We do not warrant or represent that any Services will be uninterrupted or error-free. You accept that all Services are provided warranty-free.

3. Insofar as permitted by law, and with particular regard to the rights of business customers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to the Services to the fullest extent permitted by law.

14. Liability

1. We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

2. We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

3. No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the specific Services in relation to which Your claim arises during the 6 month period prior to such claim.

4. Neither party shall be liable to the other under or in connection with this Agreement or any collateral contract for any:

1. loss of revenue;
2. loss of reputation;
3. loss of business;
4. loss of opportunity;
5. loss of contracts;
6. loss of goodwill;
7. loss of actual or anticipated profits;
8. loss of, damage to, or corruption of data;
9. any indirect or consequential loss, however arising regardless of whether such loss or damage was foreseeable or in our mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.

15. Force Majeure

1. We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether our employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.

16. Non-Waiver

1. Our failure to require You to perform any of your obligations under this Agreement shall not affect our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.

17. Notice

1. You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

18. Intellectual Property Rights

1.  You accept that all Intellectual Property Rights belonging to Us shall at all times during this Agreement remain vested in Reach Internet Limited. We accept that all Intellectual Property Rights belonging to the Customer shall at all times during this Agreement remain vested with that Customer.

19. Governing Law

1. Except as otherwise set out in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by the law of England and Wales and You submit to the exclusive jurisdiction of the English courts.

20. Legal Fees

1. If any legal action or proceedings, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is commenced by either You or Us, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements from the other party, in addition to any other relief to which the prevailing party may be entitled.

21. Assignment

1. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without our prior written consent.

2. In the event that we consent to an assignment, sub-license or transfer, then this Agreement shall be binding upon both You and Us and our respective successors and permitted assigns.

22. Amendment in Writing

1. We may update these General Terms and Conditions, any Specific Terms and Conditions (including any technical specification relating to the Services), the Acceptable Use Policy, Privacy Policy and any other information relating to the Services from time to time to comply with law or to meet our changing business requirements. We shall, as we deem reasonable, give You prior notice of any significant changes to the Agreement.

2. You further agree to review the terms and conditions regularly to ensure You are aware of any modifications and You agree to be bound by such modifications unconditionally.

23. Joint and Several Obligations

1. If You consist of more than one entity, your obligations under this Agreement are joint and several.

24. No Third Party Beneficiaries

1. This Agreement does not provide and shall not be interpreted to provide any third parties, with any remedy, claim, cause of action or privilege.

25. Entire Agreement

1. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

26. Relationship of Parties

1. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

27. Severability

1. In the event that any provision of this Agreement is deemed unenforceable or invalid under any applicable law or pursuant to a court decision, such decisions or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provisions with one that is valid and enforceable and which achieves, in our reasonable opinion, to the fullest extent possible, the original objectives and intent between You and Us.

Reach Internet Ltd.

Quay House

The Waterfront

Level Street

Brierley Hill

DY5 1XD

Tel: 0330 088 2684

Fax: +44 (0)330 088 2693