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Terms & Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

All users of services provided by eCenica Ltd, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

NOTE: Pornography and sex-related merchandising is subject to UK law and decency rules. We reserve the right to suspend sites, without notice, pending investigation. Common sense applies.

NOTE: Spamming, or the sending of unsolicited bulk email, from an eCenica Limited server or using an email address that is maintained on an eCenica Limited machine is STRICTLY PROHIBITED.

This Agreement is made between eCenica Limited "US" and "you" the reader of this page and the subscriber to our services.

The following constitute the Terms and Conditions under which eCenica Limited trades and supplies its services and related products. These conditions, in conjunction with the details as shown on the eCenica Limited Order Form (where completed) represent the totality of the agreement and form the Contract between eCenica Limited and the User.

Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. eCenica Limited is entitled to suspend services if the User does not adhere to any or several conditions of this Contract. This agreement need not be signed. Purchase of any eCenica service is interpreted and deemed as your acceptance of our terms and conditions herein.


1. DEFINITIONS

In this Contract unless the context otherwise requires:

"Services" means domain name registration, web site hosting, bandwidth provision, email and any other service or facility provided by us to you;

"Server" means the computer server equipment operated by us or provided by you 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;

"eCenica" means eCenica Ltd

"Contract" means the Contract between eCenica and the User incorporating these conditions, the eCenica Order Form (where completed) and eCenica's published charges for the provision of its services;

"Charges" means the charges as agreed on the Order Form (where completed) and eCenica's latest published prices for products and services requested or incurred during the Contract period;

"Bandwidth" means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;

"Site" means the premises or location at which Service is or is to be provided under this Contract;

"Equipment" means equipment which is supplied by or on behalf of eCenica to the customer or placed at or on a Site for the purpose of providing Service;

"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Internet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;

"User" means you the customer or any person who makes use of the services though you or on your behalf;

"Minimum Contract Term" means the minimum period of service as specified in clause 6;

2. DOMAIN NAME REGISTRATION

Registrants of UK domains (.co.uk, .me.uk, .org.uk) will enter into an agreement with Nominet UK, who are the Internet registry for .uk domain names. Their terms and conditions can be found at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

eCenica will request the appropriate Registry to register the Domain Name. The Customer appoints eCenica and authorises eCenica to act as the Customer's agent for the purposes of registering the Domain Name on behalf of the Customer.

The Customer authorises eCenica on behalf of the Customer: to enter into a contract between the Customer and the Registry incorporating the Registry's applicable standard terms and conditions from time to time for the registration of the Domain Name; for the minimum registration period specified by the Registry to maintain the registration of the Domain Name on behalf of the Customer by notifying the Registry of any change to the Registered Details, by renewing the registration of the Domain Name, and by settling fees charged by the Registry in connection with the registration, maintenance or renewal of that registration; to make any declaration on behalf of the Customer required by the Registry in connection with the registration or renewal of the registration of the Domain Name; to disclose to the Registry and its agents, all written and unwritten communications to or from the Customer. If the Customer wishes to change the Registered Details, the Customer will notify eCenica immediately and, if properly authorized, eCenica will contact the Registry accordingly.

2.1 We make no representation that the domain name you wish to register or renew is capable of being registered or renewed by or for you. You should therefore not assume registration or renewal of your requested domain name(s) until you have been notified that it has or they have been registered or renewed. Any action taken by you before such notification is at your risk; (this clause is present just in case a customer informs us that they wish to register or renew a name and someone else registers or renews it a short period beforehand).

2.2 The registration or renewal and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register or renew a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register or renew your desired name.

2.3 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 naming authority but will not be obliged to take part in any such dispute.

2.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

2.5 Domain registrations may only be transferred to another registrar a) 60 days after the initial date of registration, transfer or renewal b) provided that the domain owner has confirmed their ownership and authorised the transfer in writing c) that there are no outstanding fees or disputes.

2.6 We shall not release any domain to another provider unless full payment for that domain and any other domain registered by the same client has been received by us. You shall not sell any domain for which payment has not been received by eCenica or the Registrar;

2.7 The registration may be renewed provided that you pay the appropriate renewal fee on or before the relevant renewal date. It is your responsibility to inform eCenica whether you wish to cancel the renewal of your domain name registration at least 30 days before the renewal date and to provide accurate and up to date contact details. There is no guarantee that a domain name registration or renewal applied for has been entered into the relevant Registrars database until you receive confirmation from the registrar of the registration or renewal.

3. WEB SITE HOSTING & EMAIL

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 shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;

3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;

3.3.1 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;

3.3.2 You will not post, link to or transmit:

    Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
    • Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of eCenica Limited.
    • Warez: Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
    • any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
    • any material containing a virus or other hostile computer program;
    • 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;

3.3 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 loss, theft or unauthorised disclosure of your password or other security information;

3.4 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;

3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;

3.6 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;

3.7 Any access to other networks connected to eCenica Ltd must comply with the rules appropriate for those other networks;

3.8 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;

4. ECENICA SERVICE

4.1 Connection to the eCenica Ltd Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection to the eCenica Ltd Service;

4.2 Requests relating to the provision of Service are, unless otherwise agreed, to be made or confirmed in writing or by electronic mail;

4.3 eCenica Ltd will use all reasonable endeavours to adhere to any dates proposed by either eCenica Ltd or you for the provision of Service, however any such date is to be treated as an estimate only and eCenica Ltd accepts no liability for failure to meet such dates;

4.4 eCenica Ltd will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and eCenica Ltd does not undertake to do so. In the event of a fault in Service, you must report the fault to eCenica Ltd's Technical Support via Support Messenger. Upon receipt of the fault report, eCenica Ltd will take all proper steps without undue delay to correct the fault. eCenica Ltd shall not, in any event, be liable for interruptions of Service or down-time of a Server;

4.5 eCenica Ltd may: - temporarily suspend for the purpose of repair, maintenance or improvement, part or all of eCenica Ltd's service, generally without notice. - give or update instructions regarding the use of the Service which in eCenica Ltd's reasonable opinion is necessary in the interests of safety, or to maintain or improve the quality of Service to eCenica Ltd's customers and any such instructions shall whilst they are in force, be deemed to form part of this Contract, - vary the technical specification of Service for operational reasons, eCenica Ltd undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension;

5. COMMENCEMENT & MINIMUM PERIOD OF SERVICE

The Service shall be for a minimum period as specified on the Order Form (where completed). The Service, unless otherwise agreed on the Order Form (where completed), shall be provided for a minimum period of twelve months (two years for name services). The minimum period shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you, to the eCenica Ltd network; In the case where an upgrade service is ordered, this shall run until the expiry of any related domain name or other service.

6. BANDWIDTH UTILISATION

If the bandwidth or speed of Service used by you exceeds 80% over a one month minimum period in regular samples, an excess charge will be payable by you at current published prices unless you instruct eCenica Ltd to upgrade the bandwidth to the next level as shown on the current price list.

7. CONTENT & MISUSE

7.1 You will use all reasonable endeavours to ensure that the eCenica Ltd Service is used or includes content that conforms to the laws of the this country and will not knowingly permit any illegal use or such use that will bring eCenica Ltd into disrepute;

7.2 You are solely responsible for the content stored on and served by the eCenica Ltd Service.

7.3 You must not, nor must any other person, use the service in a way that causes the excessive use of server resources. These include bandwidth, processor utilisation and / or disk space.

7.4 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or in breach of any provisions as contained within clauses 3 and 4 of this Contract; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards;

7.5 eCenica Ltd may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If eCenica Ltd suspends service for contravention of the above conditions of this clause, eCenica Ltd can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention;

8. CHARGES & PAYMENT

8.1 All payments must be in UK Pounds Sterling (£ GBP) or US Dollars ($ USD).

8.2 All accounts are set up on a prepay basis.

8.3 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 and shall be due and payable in advance of our service provision. Where applicable charges are exclusive of 'Value Added Tax' which shall, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice. Customer outside of the UK or EU countries do not pay VAT.

8.4 You acknowledge that our Services are provided using facilities provided to us by third parties; eCenica Ltd shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends;

8.5 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. eCenica Ltd agrees to be party to this Contract upon eCenica Ltd's acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in clause 4.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date eCenica Ltd reserves the right to immediately withdraw, suspend or limit service and will charge the User a failure fee of 3% of the amount overdue per month;

8.6 Payment of hosting and email services are due each anniversary year or month following the date the order was established.

8.7 To ensure your services remain online and unaffected by possible billing issues, we operate a positive renewal system on all services. If for any reason you do not contact us to cancel the service, then we assume that your subscription is required and will automatically renew your service. Domain names are renewed 30 days prior to expiration date with all other services being renewed 7 days prior to expiration date. You can view details of upcoming renewal dates by logging into your My eCenica account and clicking 'My Services'. Renewal fees are non refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.

8.8 In situations where the card number on file is declined eCenica Limited will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully.

8.9 In addition, eCenica Limited reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

8.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made.

8.11 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 forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of £25;

9. 30 DAY MONEY BACK GUARANTEE

100% satisfaction guaranteed. If you are not completely satisfied, for whatever reason, we will refund all your money. Please note, applies to eCenica hosting plans only. There are no refunds for domains, email plans, setup fees, special offers, upgrades and transfer fees.

The eCenica 30 Day Money Back Guarantee applies to the Personal, Home, Business and Professional hosting plans only. You will receive a refund to the full value of your paid for service. Guarantee starts on the date of initial registration of the account.

There is no refund for domain name registration fees, e-mail plans, setup fees, account upgrades or promotional offers. eCenica considers that customers who have upgraded from an existing package have already experienced the 30-Day Money Back Guarantee. Customers can only use the Money Back Guarantee once, and for only their first account.

10. CANCELLATION & REFUNDS

10.1 eCenica Limited reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of service.

10.2 If a customer contravenes eCenica Limited's terms of service, a refund will not be issued in the event of a cancellation.

10.3 Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

10.4 You have a right under European Union Distance Selling legislation to cancel your order within a defined "cooling off" period of 7 working days. The nature of our products and services modifies these rights as follows:

Domain names are viewed as "goods made to the consumer's specification or clearly personalised" since they reflect your choice of name and so cannot be resold if rejected. As a result the right to cancel terminates once the name has been registered.

If a service such as web hosting or email hosting commences before the end of the 7 day cooling off period the right to cancel is lost once the service has commenced. If you wish to take advantage of the 7 day cancellation period, please indicate this at time of ordering and we will not commence the service until 7 days after your order has been received.


Distance Selling Regulations - BERR

11. DEFAULT

11.1 If you: do not pay the charges in accordance with the provisions of clause 8 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings; eCenica Ltd can (without prejudicing, losing or reducing any other right or remedy) suspend service, including partially, temporarily without notice, albeit the User remains liable to pay rental during the suspension, or terminate this Contract by immediate notice, without prejudice to eCenica Ltd's pre-existing rights;

11.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;

11.3 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract;

11.4 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit;

11.5 If eCenica Ltd waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by eCenica Ltd in acting upon a breach is not to be regarded in itself as a waiver.

12. NOTICES

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 the Order Form 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;

13. MATTERS BEYOND ECENICA'S REASONABLE CONTROL

eCenica Ltd is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.

14. LIABILITY

14.1 You acknowledge that eCenica Ltd has no control over the information transmitted via the Service and that eCenica Ltd does not examine the use to which you put the service or the nature of the information you are sending or receiving. eCenica Ltd hereby excludes all liability of any kind for the transmission or reception of information of whatever nature;

14.2 eCenica Ltd undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus;

14.3 eCenica Ltd is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.

14.4 eCenica Ltd makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.

14.5 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, subject always to sub clause 14.6;

14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;

14.7 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;

14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising;

15. INDEMNIFICATION:

15.1 Customer agrees that it shall defend, indemnify, save and hold eCenica Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against eCenica Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

15.2 Customer agrees to defend, indemnify and hold harmless eCenica Limited against liabilities arising out of;

  • any injury to person or property caused by any products sold or otherwise distributed in connection with eCenica Limited's server;
  • any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • copyright infringement
  • any defective products sold to customer from eCenica Limited's server.

16. CONTACT WITH ECENICA:

You acknowledge and recognize that all contact with eCenica in the first instance should  be made via the secure Support Messenger service.

You agree that eCenica is not obliged to offer telephone support as part of your agreement.

17. DISCLAIMER:

eCenica Limited will not be responsible for any damages your business may suffer. eCenica Limited makes no warranties of any kind, expressed or implied for services we provide. eCenica Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by eCenica Limited and its employees. eCenica Limited reserves the right to revise its policies at any time.