1. ACCEPTANCE OF TERMS
"Conditions"
means these terms and conditions governing your use of the registration services;
"Domain Names"
means any name(s) registered with a Domain Name Registry by us for use as part of any of your URLs;
"Fees"
means the fees payable by you to us for the registration services as specified on the relevant Order Form as may be amended by us from time to time.
"Bundled Services"
means the supply of the registration services bundled as part of any other products and/or services as amended and/or updated by us from time to time;
"Lame Delegate"
means the modification, suspension, cancellation and transfer of your Domain Names including but not limited to the following:
i. removal of the domain names from our domain name servers ("DNS") to servers which will not serve any domain names or answer any queries regarding the Domain Names;
ii. where we are the billing and administrative point of contact, removing ourselves as such point of contact; and
iii. informing the Domain Name Registry that you are the sole point of contact for your domain names.
"Domain Name Registry"
is the relevant registry administrator responsible for administering your Domain Names. A list of the Domain Name Registries and access to their terms and conditions can be found at http://www.gybol.com/Support/TCs/Registries.html
"Order Form"
means the registration form relating to either the Registration Services or the Bundled Services which may be amended by us from time to time;
"Processing"
means the process of approval by us of your submitted request for Domain Names registration as detailed in your Order Form;
"Registration Services"
means the service of registering and maintaining Domain Names as well as any ancillary administrative functions which are provided by us as amended and/or updated by us from time to time.
"we" / "us" / "our"
means Gybol Ltd, registered office Littlehaven House, 24-26 Littlehaven Lane, Roffey, Horsham, West Sussex, RH12 4HT. Company registration number 3541629.
"you" / "your"
denotes you, the customer.
These Conditions explain our responsibilities to you and your responsibilities to us under the Registration Services. We may update and change the Registration Services from time to time.
BY COMPLETING THE ORDER FORM AND SUBSCRIBING TO THE REGISTRATION SERVICES, YOU AGREE TO BE BOUND BY THESE CONDITIONS, SO PLEASE READ ALL THE TERMS CAREFULLY. THESE CONDITIONS TAKE PRECEDENCE OVER ANY PROVISIONS SET OUT IN THE ORDER FORM.
2. THE REGISTRATION SERVICES
2.1 Subject to these conditions, we will provide you with the registration services which shall commence when we submit your application for domain names registration to the Domain Name Registry.
2.2 We shall be entitled on reasonable grounds and at our sole discretion to refuse to commence processing of any request for registration of a domain name.
PLEASE NOTE: NOTHING IN THESE CONDITIONS OBLIGATES US TO LIST OR LINK TO YOUR DOMAIN NAMES OR PROVIDE ANY OTHER SERVICES IN CONNECTION WITH YOUR DOMAIN NAMES BEYOND THAT PROVIDED WITHIN THE REGISTRATION SERVICES OR YOUR BUNDLED SERVICES (IF ANY).
2.3 You acknowledge that we cannot guarantee to provide you with the domain names you request. You should not take any action in respect of any desired domain names until you have been notified that your requested domain names have been duly registered.
3. YOUR AGREEMENT WITH THE DOMAIN NAME REGISTRY
In order to register your domain names, you must agree to the Domain Name Registry's terms and conditions. You understand that you are creating a separate contractual relationship between yourself and the Domain Name Registry, and that you, and not us, are responsible for all fees, liability and obligations in connection with that relationship (even if you licence use of the domain names to a third party).
4. DATA PROTECTION
4.1 You need to supply us with certain details on your Order Form and you agree:
i. for such details to be transmitted to the Domain Name Registry (who may be based outside of the UK) for the purpose of registering your domain names;
ii. to be listed as the registrant in connection with your domain names by the Domain Name Registry;
iii. to your registrant details being made publicly available by the Domain Name Registry;
iv. where required by the Domain Name Registry, to be listed as the billing and/or administrative and/or technical point of contact in connection with your domain names by the Domain Name Registry;
v. in connection with your domain names, to authorise us to:
a. where required by the Domain Name Registry, to list ourselves as the billing and/or administrative and/or technical point of contact;
b. where required by the Domain Name Registry, to delegate the domain names to our name servers, and
c. take any actions we deem to be appropriate in these capacities. However, upon termination of the registration services, we may immediately cease acting in these capacities.
4.2 We may retain your details for the following purposes:
i. provision of the registration services to you;
ii. keeping of a record for a reasonable period after termination of your registration services;
iii. operation and enforcement of these conditions;
iv. technical maintenance;
v. providing you with information about other services we offer, subject to your right to opt out of receiving such information;
vi. transferring your details to another company in the event of a) a sale of Gybol Ltd or (b) disposal of assets by Gybol Ltd; or
vii. legal compliance.
4.3 Without limitation, you expressly authorise us to use your details and other account information in connection with any such investigation, including disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.
5. MOVING EXISTING DOMAIN NAMES TO US IF YOU WANT TO USE YOUR EXISTING DOMAIN NAMES
If you choose to use a domain name under the registration services that you have already registered with another provider, you must request that the original Domain Name Registrar change the name servers and contact details for the Domain Name as designated by us, on your behalf.
PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE REGISTRATION SERVICES THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO US FOR THE REGISTRATION SERVICES DO NOT INCLUDE REGISTRATION AND OR RENEWAL FEES OWED BY YOU TO YOUR PRIOR PROVIDER OR THE DOMAIN NAME REGISTRY, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH SUCH PROVIDER, INCLUDING RENEWAL FEES.
6. SUBSCRIPTION, FEES AND PAYMENT
6.1 Subscription to the Registration Services is for a minimum period of 12 months ("Initial Period") commencing on the date we start processing and shall be automatically renewable for additional 12 month periods ("Renewable Period") unless you terminate by providing notice under Condition 7.1 below.
6.2 You are responsible for full payment of all fees charged by the Domain Name Registry for registration of your domain names under the registration services.
6.3 Subject to condition 6.4 below, you shall pay the fees by the payment method set out in your order form.
6.4
i. If you are subscribing solely to the Registration Services, you shall pay the Fees annually 12 months in advance (in UK Sterling) by the payment method set out at the time of your order. You must therefore pay for each 12 month period for which you wish to receive the registration services (i) at the start of the initial period and (ii) at the start of each renewable period; and
ii. If you are subscribing to the registration services in conjunction with your bundled services, we may in our sole discretion allow you to pay the fees monthly in advance (in conjunction with payments made by yourself to us for provision of our other services). Such decision may be amended or revoked by us at any time by giving you notice to that effect. No invoice or receipt will be issued for this monthly concession, but you can request a statement of payment regarding your monthly payments.
6.5 Where you are subscribing to the registration services in conjunction with your bundled services, subject to 7 days written notice, we reserve the right to amend or withdraw any promotional/discounted offers ("Offers") to the registration services. In such event, you shall have the right to terminate your registration services in accordance with condition 7 below. In the event of conflict between the terms of the offers and these conditions, these conditions will prevail.
6.6 You agree that failure to pay any fee when due (as evidenced for example by, without limitation, your credit card company notifying us or the Domain Name Registry that you are disputing the payment of, or refusing to pay such fee, or where your credit card has been declined) will entitle us to immediately cease provision of the registration services to you.
7. TERMINATION
7.1 You may terminate your registration services at any time by providing 30 days notice in writing. Also, please note that terminating the bundled services will terminate your subscription to our registration services. In the event you terminate your registration services and we have started processing registration of your domain names, you will not be entitled to a refund of any Fees you have paid to us for the Initial Period or any subsequent renewable period. Please note that if any fees for the registration services or any bundled services are outstanding at date of termination:
i. if we are the billing contact, we may refuse to transfer your domain names; or
ii. where we are not the billing contact, we may refuse to provide any assistance for transfer of your domain names.
7.2 We may, but have no duty to, immediately terminate your registration services and remove any of your materials, including your domain names, from our servers if:
i. we receive notice that you have disputed the fees with your credit card company or if your credit card has been declined or for any other non-payment of bundled services fees;
ii. in our reasonable opinion, we conclude that you have engaged in illegal activities, in activities or sales that may damage our rights or the rights of others, or have violated or threatened to violate the terms of these conditions or any other agreement you may have with us. Any termination under this condition will take effect immediately. In the event that we terminate your registration services in connection with this condition, you will not be entitled to a refund of any fees you have paid to us; and
iii. in accordance with condition 6.6, you fail to pay your fees.
7.3 In addition, we may terminate your registration services at our convenience. In this event, no registration fee's shall be refundable though the lease of the domain(s) shall be retained by you. Where registration services are part of bundled services, a pro-rata refund may be made on those bundled services at our discretion.
7.4 Either party shall be entitled to terminate the registration services immediately upon written notice to the other party if either party becomes insolvent, ceases to trade (or in the reasonable opinion of the other is likely to cease to trade) or has a liquidator, receiver, administrator or administrative receiver appointed or enters into any arrangement with its creditors or is wound up otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of its obligations, or is unable to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Act 1986, or is made bankrupt or undergoes a similar or analogous event in any jurisdiction; and we shall not be liable for any losses incurred by you as a result of such termination.
7.5 Upon termination of your registration services:
i. you will remain solely responsible for all ongoing fees charged by the Domain Name Registry including but not limited to any registration and/or renewal fees;
ii. where we are the billing and/or technical point of contact, you will remain solely responsible for removing us as the billing, technical point of contact and you will cease delegating your domain names to our name servers in connection with your domain names, unless we notify you otherwise; and
iii. we will not be responsible for forwarding any notices, emails or other correspondence to you or to take any other actions in connection with your domain names.
7.6 Upon termination of your registration services in accordance with this Condition 7, if we receive no instructions from you concerning the transfer of your domain names within 30 days of any such cancellation, you authorise us to lame delegate your domain names. Until completion of lame delegation of your domain names, any further modification to the domain names record becomes your sole responsibility.
PLEASE NOTE, ANY NOTICE SERVED TO US TO TERMINATE THE BUNDLED SERVICES OR REGISTRATION SERVICES WILL REQUIRE CLEAR INSTRUCTIONS FOR TERMINATION WITH AN AUTHORISED SIGNATORY. IF WE DO NOT RECEIVE CLEAR INSTRUCTIONS FROM AN AUTHORISED SIGNATORY, WE MAY NOT BE ABLE TO PROCEED WITH YOUR TERMINATION REQUEST.
8. MAINTENANCE AND SUPPORT
8.1 By requesting assistance and advice by email to cs@gybol.com, we shall endeavour to provide you with technical assistance with difficulties that may arise in connection with your utilisation of the registration services. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available and you understand that we cannot accept any liability for any loss (direct, indirect or consequential) or damage arising out of the giving of such assistance and advice which is not due to our negligence, recklessness or wilful misconduct in the performance of our obligations under these conditions.
8.2 You are responsible for providing us with any changes to the registrant and contact information held by ourselves and/or the Domain Name Registry. You are responsible for all charges (if any) related thereto.
8.3 We will use our reasonable endeavours to maintain the registration services. The registration services are subject to change from time to time. If you cannot use any part of the registration services or where a failure, suspension or withdrawal of all or part of the registration services is beyond our reasonable control, compensation will not be payable.
8.4 We may implement systems designed to reject certain undesired email (including unsolicited commercial email) or delete them before delivery. Where such systems accidentally reject or delete legitimate email, we will endeavour to take steps to prevent future incidents but shall not be liable for any losses that you may incur are a result of any rejections or deletions.
9. LIMITATION OF LIABILITY
9.1 EXCEPT AS EXPRESSLY SET OUT IN THESE CONDITIONS WE DO NOT MAKE ANY OTHER WARRANTY, REPRESENTATION OR PROMISE IN CONNECTION WITH THE SUBJECT MATTER OF THESE CONDITIONS AND HEREBY EXCLUDE ALL LIABILITY FOR ANY AND ALL IMPLIED WARRANTIES, EXCEPT THOSE NOT EXCLUDABLE BY LAW, EXPRESS TERMS AND ANY LIABLILTY FOR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LIABILITY HOWSOEVER OCCASIONED.
9.2 You acknowledge that we shall use all reasonable endeavours to provide the registration services subject to the following for which we shall have no liability:
i. the Domain Name Registry's policy may provide that registration of certain domain names is prohibited. The Domain Name Registry may in its sole discretion, reserve the right to refuse to approve the registration of your domain names. You agree that your subscription to the registration services does not obligate the Domain Name Registry to accept registration of your domain names. You agree that we are not liable for loss or damage that may result from the Domain Name Registry's refusal to accept registration of your domain names;
ii. any domain names registered by us on your behalf may be subsequently challenged and/or cancelled by persons other than us. We shall accept no responsibility regarding domain names disputes between you and any other persons. The dispute must be resolved between the parties concerned and we will take no part in any such dispute. Although we have no obligation to monitor the registration services, we reserve the right at our sole discretion, to suspend or cancel the domain names or the registration services, and/or make appropriate representations to the Domain Name Registry. We are not liable and accept no responsibility for any dispute howsoever arising you may have with any third party due to your direct or indirect use of the registration services; and
iii. we shall endeavour to meet any dates agreed for the obtaining of the domain names registration request submitted by you, but such date shall be an estimate only and we accept no liability for failure to meet such dates. You should not take any action concerning your domain names until you have received confirmation from us of registration.
9.3 To the extent permitted by law, you agree that we do not have any liability to you or your agent (if any) for any loss you may incur in connection with our processing of your registration services, the Domain Name Registry's processing of any application for a domain name, the processing of any authorised modification to the domain name's record during the covered registration period, or the failure by your agent (if any) to pay a registration fee or renewal fee, or as a result of the application of the provisions of the Domain Name Registry's dispute policy. You agree that in no event will our liability under the registration services for any matter exceed, in our sole option, the re-supply of the registration services again or the fee as specified in your order form for the provision of the registration services.
9.4 Except as expressly provided in these Conditions, we shall not be liable to you for any loss or destruction of data resulting from the use of email as part of the Bundled Services.
10. BREACH
You agree that failure to abide by any provision of these conditions may be considered by us to be a material breach and that we may provide a notice, describing the breach, to you. If, within thirty (30) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations, then at our sole discretion, we may terminate or suspend your registration services. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you. Notice may be given by mail, facsimile or electronic means. In the event that we terminate your registration services in connection with this condition, you will not be entitled to a refund of any fees you have paid to us.
11. WARRANTIES
11.1 You warrant that you are the owner of, or that you have been and are duly authorised by the owner to use, any trademark or name requested or allocated as your domain name.
11.2 You warrant that, to the best of your knowledge and belief, neither the registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party or be unlawful in any way and you will indemnify us against any and all actions, claims, losses, costs, damages and expenses ("claims") incurred by us in defending such claims.
11.3 You agree that your use of the registration services is at your sole risk.
11.4 The registration services are provided to you on an "as is" and "as available" basis and to the fullest extent permitted by applicable laws we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the registration services and any content or data obtained or downloaded from it. This condition does not affect any statutory or other rights available at law to consumers.
11.5 We make no warranty that the registration services will meet your requirements, that the registration services will be uninterrupted, timely, secure, or error free or will operate as contemplated in these conditions, nor that defects, if any, in the registration services will be corrected.
12. REVOCATION
You agree that the Domain Name Registry may delete your domain names if any information required to be supplied by you under these conditions, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that the Domain Name Registry would likely consider material to its decision to approve registration of your domain names.
13. SUSPENSION, CANCELLATION AND REFUSAL
13.1 You agree that registration of your domain names may be subject to immediate restriction, suspension or cancellation:
i. to correct mistakes by you or us in registering the domain names;
ii. for the resolution of disputes concerning the domain names;
iii. in case of arbitration or court proceedings being commenced with respect to the rights to the domain names; or
iv. if your subscription (if any) to our bundled services have been subject to suspension or cancellation.
14. MISCELLANEOUS PROVISIONS
14.1 These conditions (including, for the avoidance of doubt, the order form) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals (whether written or oral) between us in relation to such matters. Each of us confirms that, in agreeing to enter into these conditions, neither of us has relied on any representation except as has been expressly set out in these conditions and we both agree that neither party shall have any remedy in respect of any misrepresentation which has not become a term of these conditions, except in respect of any fraudulent or negligent misrepresentation, whether or not such has become a term of these conditions.
14.2 You may not share with any other party your rights or obligations under these conditions.
14.3 We reserve the right to assign or sub-contract any or all of our rights and obligations under these conditions without your further consent to such assignment or subcontract.
14.4 You agree not to make use of anyone else's personal details.
14.5 Any failure by either of us to exercise or enforce any right or provision of these conditions shall not constitute a waiver of such right or provision.
14.6 We shall not be deemed to be in breach of these conditions or otherwise liable for any delay in performance or any failure to perform any obligations under these conditions (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control.
14.7 If any provision of these conditions is found by a court of competent jurisdiction to be invalid or unenforceable, we both nevertheless agree to give effect to our intentions as reflected in the provision, and the other provisions of these conditions shall remain in full force and effect and this shall not affect the enforceability of any remaining provisions of these conditions.
14.8 The parties agree that the provisions of these conditions are personal to them and are not intended to confer any rights on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to the registration services or to any provision of these conditions.
14.9 These conditions and the registration services shall be governed by the laws of England and Wales and we both submit to the non-exclusive jurisdiction of the courts of England.
14.10 Not withstanding anything expressed in these conditions, we shall not be liable for any delay or failure in carrying out our obligations hereunder resulting from causes beyond our reasonable control.
14.11 We will send any notices to you at the address stated in the order form or at such other address as you shall notify to us in writing.