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Terms and Conditions
 

Web Activations Limited Standard Terms & Conditions

 

DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the following meaning:

"Acceptance of Use Policy" means the policy specified at this URL web page or as supplied in writing.

"Application" means an application for the provision of service submitted by the Client to Web Activations Limited.

"Web Activations" means a trading name of Web Activations Limited, Wemyssfield House, Wemyssfield, Kirkcaldy, Fife, KY1 1XN.

www.webactivations.com” means and covers all domain names and sub domain names that are both owned and represented by the company this being:

webactivations.com, webactivations.net, webactivations.org.uk, webactivations.co.uk

"Price List" means the list of fees payable by the Client in respect of the services provided and available at "www.webactivations.com/price.html", means the Person, Firm or Company whose application is accepted by Web Activations.

"Domain Name" means the domain name requested by the Client on the application or any alternative domain name offered by Web Activations.
"Services" means the services to be provided by Web Activations to the Client

"Terms and Conditions" means these terms and conditions including any schedules hereto.

Any agreement between Web Activations and the Client for the provision of services, an Agreement shall be entered into on the basis of these Terms and Conditions and also any other Terms and Conditions set out or referred to in any document or other communication used by Web Activations in concluding such an agreement.

DESIGN AND HOSTING

Web Activations shall offer the Client one of the options below selected by the Client on the Application. The following options shall be available:

Option 1: Web Activations will provide the Client with a web site based upon our Web Activations Proposal Plan, full details of which can be found on www.webactivations.com/prices.htm. Prices pertaining to the plans can be found at www.webactivations.com/prices.htm.

A payment on a monthly basis will be entirely at our discretion. Clients can make minor graphical and/or layout changes to the site on a monthly basis. We will also add and/or delete up to one page per month including necessary changes to menu systems. Such additional changes are entirely at our discretion.

Wherever possible, we will attend to site update requests within 72 hours excluding holiday periods, however, this may not always be possible and the Client accepts that any update request will be handled as soon as we possibly can.

GENERAL

Terms for all products including .com .net and .org names and any hosting packages

Indemnity

You agree to defend, indemnify and hold harmless Web Activations, www.webactivations.com, any of our affiliated sister web sites, CORE, ICANN, NOMINET and any applicable domain name registry and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable solicitors/attorneys fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof.

We will delete, without notice, any sites that feature: -

Any nudity, erotic images, sexually oriented material, or sexual themes (adult material is concerned);

Any spam whatsoever;

Any (apparently) illegal or morally questionable activity;
Any domain which is brought to our attention that could breach ANY trademark regulation world-wide;

If in doubt, it's probably not what we want on our servers and you would face deletion without refund.

The decision as to what is decent, legal and honest is ours. There is no appeal process. We will monitor your content - if in doubt, ask us.

Spam

We have a strict anti-spam policy. We reserve the right to withdraw service in the event of complaint.

Option 2: Web Activations will provide the client with a web site designed and tailored to meet their requirements. Such design shall be made following discussions with the Client and the Client agrees to provide Web Activations with such artwork, text and graphics that will facilitate the production of the web site.

For both options, such design and technology used in the web site shall feature commonly available scripts and services such that the web site shall function in the manner described during discussions with the client. Reasonable care will be taken to provide a secure environment for those pages in the web site that require such security and for the web site as a whole however the Client agrees that such security can never be wholly guaranteed. All material submitted for inclusion on the web site must be owned by the Client. The Client agrees to keep Web Activations indemnified in respect of any loss, damages, costs, or other expenses arising out of or in connection with the use of the web site or any breach by the Client of these Terms and Conditions.

For all the above options, the Client shall pay to Web Activations the fee specified on the Price List. Whilst Web Activations shall use all reasonable endeavours to ensure that the web site can be accessed by users of the Internet at all times, the Client acknowledges that it is technically impossible to provide such access free of fault at all times and Web Activations does not undertake to do so. Web Activations expressly reserves the right to suspend availability of the Web site for the purpose of necessary or scheduled maintenance. Access to the Web site may also be adversely affected by conditions and performance outside Web Activations control, including without limitation, the breakdown of transmission and telecommunication links.

DATA BACKUP

Whilst Web Activations shall use its reasonable endeavours to ensure that backup copies of the web site and all Client data contained in the web site are made at reasonable intervals, the Client shall be solely responsible for the backup of such data and Web Activations shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or Web Activations to backup such data.

Web Activations now provides online backup through its entire clients control panel.

UPDATE SERVICE

Our additional web service can allow the Client to update their web site content on a regular, usually monthly, basis. We can accept content for inclusion either by the Client directly emailing us on design@webactiations.com or by filling out in a MS Word document in the format of MS Windows PC 3.5 Disk format. We can only accept update material in these two methods and all amendment text must be in plain text format. We will accept up to a total of 1 x A4 printed page (Times New Roman 12 point) for the web site amendment.

 

TERMS

Any Proposal/Agreement shall commence on the date of acceptance by Web Activations of the Application submitted by the Client and shall be paid as agreed or for an initial contract period of 12 months and annually or monthly thereafter as agreed, unless and until terminated by either party by providing 30 days written notice with no termination earlier than the end of the initial contract period or annual renewal period.

Web Activations reserves the right to amend these Terms and Conditions at any time without notice and that the revised Terms and Conditions shall form the basis of the Agreement.

SERVICES

Web Activations shall provide the Services using all reasonable care and skill subject to payment by the Client of all amounts payable hereunder on the dates specified herein or on the Proposal. The Client shall do all things and provide all such information as is reasonably required by Web Activations to provide the Services in accordance with these Terms and Conditions.

REGISTRATION OF DOMAIN NAME

In consideration of payment by the Client of the appropriate fee specified in the Web Activations Price List, Web Activations shall apply for registration of the Domain Name requested by the Client on the Application and full payment.

The Client agrees and acknowledges that We shall not be liable in any way for acts, omissions, or errors of the naming authority or registering agent in relation to the registration (or non-registration, as the case may be) of the Domain Name. Whilst Web Activations will use all reasonable endeavours to obtain the Domain Name for the Client, the Client acknowledges that Web Activations shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever. Web Activations shall not be liable for any delay in activating the Domain Name on the Server nor for any cost incurred by the Client as a result of such delay and the Client's obligation to pay the fees set out in the Web Activations Price List shall not be affected by any such delay.

The Client warrants that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party and the client shall indemnify and keep Web Activations indemnified in respect of any loss, damages, costs, or other expenses arising out of or in connection with any breach by the Client of this Clause.

It is not Web Activations responsibility to renew domain names; it is the Client’s responsibility

Domain Registration

We use various registrars at our discretion and require that you understand the terms and conditions of each before proceeding with an order with us.

. com, .net, and .org names:

The ICANN Dispute Policy:

www.icann.org/udrp/udrp-policy-24oct99.htm

The Exhibit A of the Open SRS Reseller Agreement:

Open SRS Terms and Conditions

Terms for registration of .co.uk/.org.uk/.ltd.uk/.plc.uk names
When the domain name is registered on your behalf you will also be subject to the terms and conditions of Nominet UK which are available for inspection at www.nic.uk/terms.html

TRANSFER OF A DOMAIN NAME

On the Client's request, Web Activations shall host an Existing Domain Name owned by the Client provided that the Client shall be solely responsible for the transfer of the Existing Domain Name to the Web Activations server on or after the commencement of any Agreement and for any fees payable to any third party in relation to such transfer. On termination of this Agreement, the Client may transfer the Domain Name or any existing Domain Name to any third party (providing the domain is owned by the Client and not rented by the Client) server subject to completion by the Client of a transfer form and payment by the Client of any applicable transfer fee set out in the Price List in effect at that time and provided that the initial contract period of 12 months has not yet expired unless the Client pays all outstanding fees for the full period.

RENEWAL OF REGISTRATION

Web Activations will automatically renew the Client's contract each year after the initial 12 month agreement unless the customer notifies Web Activations at least 30 days prior to the end of the agreement. Web Activations will use its reasonable endeavours to ensure that the Domain Name or the existing Domain Name be automatically renewed after expiry of the initial 12 month registration period provided always that this agreement remains in force up to the date of expiry of such period. In consideration for renewal of the Domain Name or the Existing Domain Name by Web Activations and prior to the renewal date, the Client shall pay to Web Activations the renewal fee set out in the Price List. Whilst Web Activations will use all reasonable endeavours to ensure that the Domain Name or the Existing Domain Name is renewed at the relevant renewal date, the Client acknowledges that it is not possible for Web Activations to guarantee such renewal and that Web Activations shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.

CHARGES

The fees payable to Web Activations in respect of the Services are specified in the Web Activations Price List. All charges are exclusive of VAT at the prevailing rate. All charges shall be payable in advance unless stated on the quotation, whether or not the payments are made annually, quarterly, or monthly or in full. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to a "material breach" of these Terms and Conditions. If the Client is overdue with any payments hereunder, then without prejudice to Web Activation’s other rights and remedies the Client accepts that immediate removal of web content, updating facilities and any other service deemed by Web Activations to be within the scope of this agreement. Reinstatement shall only occur when all monies owed have been paid to Web Activations and any such reinstatement shall be at the sole discretion of Web Activations.

DATA PROTECTION ACT

Each party shall for the duration of any agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.

Web Site Optimisation

The client understands that web site optimisation is not a guaranteed science and search engines change rules and algorithms on weekly and monthly bases. Web Activations will endeavour to make your site visible as it is in both parties, interests. There is not guarantee to do this and the Client indemnifies Web Activations from any liability or harm in the result the site is not visible.

Web Optimisation is a paid for service not a free solution.

 
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