Terms and Conditions

These Conditions (as may be amended from time to time) will govern the relationship between you and us.

The Contract between you and us
1. This Website invites you to buy Services from us. If you wish us to provide Services to you, you will need to complete an Order. All Orders submitted by you will be subject to these Conditions. A binding contract between you and us (“Contract”) will only arise when we have received an Order from you and we have notified you of our acceptance of your Order in writing. You should only submit an Order to us if these Conditions are acceptable to you without modification.
The Price of our Services
1. Our charges (“Charges”) for any Services ordered by you will be our current price in force for that Service when you submit your Order. All our current prices are available from one of our sales team. All of our advertised prices are exclusive of VAT and other applicable taxes which will also be payable by you.
2. The Charges for all of our Services are payable in advance by you. In the case of our Annual Services (which include without limit Premium Listing, Advanced Listing, Banner Advertising, Web Hosting and Web Positioning) this means that our Charges are due to paid by you at the same time as your Order and then again by you on each anniversary. In the case of our Non-Annual Services (which include without limit Domain Name Registration and Interactive and e-commerce Services including bespoke website optimisation) our Charges must be paid by you at the same time as your Order.
3. Any indulgence given by us to you in respect of the time for payment of our Charges is entirely at our discretion and shall not operate as a waiver of any of our rights. If you do not pay us any sums due from you on the due date for payment, we may at our option charge interest on the overdue amount at the rate of 4% above the base rate of HSBC Bank Plc then in force.
4. We normally accept payment by cheque. We may withdraw any method of payment at any time without notice to you.
5. If any reduction is available to you in respect of a promotional offer made available by us, and you are eligible for such offer, then the Charges payable by you will be reduced by the amount shown but not by more or otherwise.
The Services that We Offer
1. Descriptions of most of our Services are on the Website (“Register.php”). In addition, our Sales Team will also be pleased to discuss any further bespoke Services that you may require. Subject to our acceptance of your Order, and your continual compliance with these Conditions, we will provide the Services specified in your Order in accordance with these Conditions and the Product Description, using our reasonable skill and care at all times. We may use agents and/or sub-contractors to perform the Services on our behalf where we deem it appropriate to do so.
2. In pursuance of Our policy of continuing service improvements we reserve the right to alter the look, feel, style, facilities and functionality of any of our Services and the Website at any time without giving you prior notice but in doing so we will endeavour not to materially diminish the overall functionality and value of the Services or the Website. Accordingly, the Product Description is subject to change from time to time.
3. We may at any time either change, replace or delete these Conditions or include new terms. Before we do so, we will advertise any such change on the Website no less than seven days before the proposed amendment becomes effective.
Interactive Products
1. Our Interactive Products include, without limitation, Premium listings, Web Design and e-commerce services including bespoke website optimisation. From time to time other Services may be added, or Services may be removed.
2. We will not commence any design work for Interactive Products until we have received from you all of the required art work, information, and other materials such as logos, photographs, company brochures, and press information (“together referred to in these Conditions as Deliverable Materials”) and we are satisfied that you have complied with your obligations in relation to such Deliverable Materials which are set out below. You must send us all Deliverable Materials within 28 days of submitting your Order.
3. We will endeavour to provide you with initial designs within 28 days after receipt by us of all Deliverable Materials. If when you receive the initial designs you want to suggest any amendments you must notify us of your suggested changes within 14 days of receipt of the initial design. If we do not hear from you within those 14 days, you will be deemed to have accepted our initial design.
4. If you have suggested any amendment to our initial designs, we will endeavour to incorporate your changes and send you a revised version within 14 days. If when you receive such revised version you require further changes you must notify us within 14 days of receipt of them. If we do not hear from you within you within those 14 days, you will be deemed to have accepted our revised design. Unless you require any further changes as a result of us not incorporating any changes previously notified by you in response to our initial design, we reserve the right to charge you at our then-current price for any further revisions.
5. If you fail to provide any Deliverable Materials to us within the specified time limits, we reserve the right, in addition to any other rights we may have, to retain any Charges that you have paid to us.
6. We will endeavour to meet your requested live date(s) for your Interactive Product but time is not of the essence in this respect and we will not be liable for any delays.
7. From the date that your Interactive Product goes live, we will host your Interactive Product in return for your payment of the relevant Charges. We will not submit your Interactive Product to any search engines and we do not guarantee or warrant in any way your acceptance by a search engine whether it is linked to web-businessdirectory or not.
Domain Name Services
1. Our Domain Name Services include, without limit, domain name registration and hosting. From time to time additional Services may be added, or Services may be removed.
2. We will register a domain name of your choice with a domain name extension “.co.uk”; “.org.uk”; “.ltd.uk” (subject to meeting Nominet's requirements); “.plc.uk” (subject to meeting Nominet's requirements); “.com”; “.org”; “.net”; “.biz”; or “.info”; (“your Domain Name”), host your Domain Name, connect your Domain Name to your web pages hosted by us and pay the initial administration fees charged by the relevant domain name registry (“Registry”). We will endeavour to complete the registration of your Domain Name within 14 days of your Order but we will not be liable for any failure to do so. In the case of “.uk” domains, we will pay the required fees to Nominet, which for new domain purchases, requires us to pay for two years of registration. For all other domains, we will pay one year's fees to the appropriate registry.
3. We will transfer a pre-registered domain to us provided that:
  - The domain extension must be one from the list set out in clause 3.12 above;
  - the domain name must have been registered for more than 60 days at the time of your instruction to us;
  - the domain name must not be due for renewal in the 21 days following your instruction to us
  - you must complete and return our standard transfer form in a manner acceptable to us and the Registry; and
  - you must follow the steps detailed in our standard transfer form, so as to notify your current host that you wish to transfer the domain to us.
4. You warrant that the details submitted by you to us for the purpose of the Domain Name Service are true and correct, and that future editions or alterations to those details will be true and correct.
5. Domain names are usually allocated by the Registrar on a first-come, first-served basis. This means that until the registration process is complete, your Domain Name could be registered by any other party. If for this or any other reason your Domain Name is not available, we will contact you to agree a suitable alternative domain name. If our attempts to register your Domain Name are then unsuccessful, we will, upon receipt of your written request, repay to you such element of the Charges paid by you as relate to the registration of the domain name.
6. Any domain name that is registered by us is subject to the terms and policies of the Registrar responsible for the domain name that you have purchased. We give no warranty whatsoever that we will be able to secure your Domain Name, that once secured you will be permitted to retain your Domain Name, or that your Domain Name will be free and clear of intellectual property rights and/or any other claim or challenge by third parties (including without limit, rights and/or claims in relation to registered and unregistered trademarks).
7. We reserve the right to disclose to a Registry such of your details as may be required to complete the registration of your Domain Name. You acknowledge that the data that we provide to the Registrar is “personal data” for the purposes of data protection and legislation and that subsequently that the Registry may allow other organisations and members of the public to access such data about you.
8. You acknowledge and accept that we will be acting as your agent for the purposes of registering your Domain Name. You hereby appoint us as your agent for such purposes, and specifically give us your consent to enter into a legally binding contract in your name with the Registrar subject to the Registrar's standard terms and conditions.
Transfer of Your Domain Name
1. You will be permitted to transfer Your Domain Name to any third party in accordance with the Registrar's terms and conditions. If you do so, we will have no obligation to provide Services to the transferee and you are not entitled to any refund of any Charges that you may have paid to us.
2. You may transfer a domain name away from us, subject to our receipt from you of our standard transfer-out form, completed and signed by your approved signatory. In cases where the domain extension name is any of “.com”; “.org”; “.net”; “.info”; “.biz” the domain must be active, i.e. not listed as “expired, pending deletion or redemption period” at the Registry's WHOIS. Transferring out of such a domain name with this status incurs a charge imposed by the Registry of between £12.00 and £200, which charge we will pay and for which you shall re-imburse us in full.
Your Obligations to Us
1. You will promptly provide us (free of charge) with any information that we may reasonably require to enable us to proceed with the performance of our obligations under the Contract. This may include (without limitation) any information which we may reasonably request for the purpose of credit verification and debt collection purposes and you permit us to use such information and to provide it to third parties acting on our behalf for such purposes.
2. You are responsible for ensuring that all Deliverable Material that you provide to us is accurate, decent, lawful, and honest and that such Deliverable Material is not offensive, prejudicial or inflammatory, likely to expose us to claims, result in our prosecution, cause us to infringe the legal rights of any third party, or cause us embarrassment or distress of any kind. You agree that you will be responsible to us for any losses costs or claims that we incur if you supply Deliverable Material to us which breaches this obligation.
3. You must supply Deliverable Material to us in a suitable format (details of which will be supplied upon your request). You must ensure that any Deliverable Material that you supply to us in an electronic form is provided using fully licensed software and is free from harmful viruses or similar.
4. If any Deliverable Material that you provide to us itself constitutes or incorporates in any intellectual property rights (including without limit copyrights, registered or unregistered trademarks, patent rights, registered or unregistered designs, proprietary know-how or any other proprietary rights of any nature) you represent and warrant to us that such Deliverable Material is either owned absolutely by you or that the owner of such intellectual property rights has given you permission to use them and to allow us to use them on your behalf.
5. If we in our sole discretion consider necessary, we reserve the right to contact the owner of any intellectual property rights vested in any Deliverable Materials provided by you to verify that we have permission to use such Deliverable Materials. However we shall have no liability for failing to do so.
6. You must not at any time use Your Domain Name, any website hosted by us pursuant to the Contract, nor any of our networks (or the networks of any of our agents or sub-contractors) for any of the following:
  - to attempt to circumvent user authentication or security of any host, network or account;
  - to interfere or deny service to any user, host or network including without limit for the purpose of flooding, mailbombing, or any other deliberate attempt to overload or crash a host or network;
  - to transmit any material that is in our sole opinion unlawful, obscene, threatening, abusive, libellous, or which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law;
  - for the purpose of originating spam or spam advertising.
7. If you breach any of your obligations set out in clause 5.6 above, we reserve the right that our discretion to terminate the Contract immediately without warning and without limit you agree to indemnify us against any costs, claims or expenses that we incur as a result.
8. We will co-operate fully with investigations of violations of systems or security networks or security at other sites and with law enforcement authorities in the investigation of possible criminal violations. We reserve the right to charge you up to �250 to investigate any complaint that we receive in relation to Your Domain Name or any website or other Service hosted by us for you. If you violate any systems and/or network security, you may also incur other criminal or civil liability.
Termination of the Contract
1. In the case of Non-Annual Services the Contract will terminate upon the later of completion by us of such Services and receipt of payment in cleared funds from you of all Charges that are due in relation to them.
2. In the case of Annual Services, such Services are provided by us for an initial period of 12 months from the first date on which you make payment to us. Thereafter, the Contract will renew for additional periods of 12 months on payment by you of your Renewal Fee. If you cancel any of the Services other than at the end of a 12 month period, we will not refund any payments made in respect of the remainder of the period.
3. We may terminate the Contract with you immediately at any time without notice but, if you demonstrate that we have terminated the Contract without any breach by you of your obligations, we will refund to you a sum representing the part of the Services attributable to the unexpired period to the next anniversary date of your Contract. We may, by at least 30 days notice to you in advance, elect not to renew your contract with us at an anniversary.
Our liability to You
1. We accept liability to you for any loss that you suffer due to a breach by us of our duty to exercise reasonable skill and care in the provision of the Services. We also accept liability to you for any loss that you suffer because you are injured or die as a result of our negligence. We give no express or implied warranties for any of the Services including without limit any warranty of merchantability for a specific purpose. You hereby acknowledge and accept that we will have no further liability to you in contract, tort, or breach of statutory duty or otherwise.
2. You hereby acknowledge and accept that we make no warranty and give no representation of any kind in relation to data that we obtain for use under licence from any third party organisations and which may be used to assist in the provision of Services by us and which may be displayed on the Website or otherwise by us.
3. Except where otherwise specifically stated in these Conditions, our total liability to you for any reason is limited to the total amount of the Charges that you have paid to us under this Contract.
4. In no event will we be liable for any indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by any third party. We advise you not to take any step or act based on your ownership of your Domain Name until you have received confirmation from the relevant registry that you are the registered owner of your Domain Name.
5. We will endeavour to ensure that the Website is available at all agreed times but you acknowledge that computer and telecommunication systems are not error free and that we will not be liable to you in the event that the Website or any of the Services become unavailable or inaccessible.
6. We do not represent or warrant that the Website or any of our Services will be error-free, free of viruses or other impairing or harmful components.
7. We give no warranty whatsoever that we will be able to secure your Domain Name on your behalf. We are not notified as to whether or not attempts to secure Domain Names have been successful and it is your responsibility to establish whether it has been so secured.
8. The Website may contain links to other Websites provided by independent third parties. We make no representations whatsoever concerning the content of those sites and the fact that we provide a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us in relation to such sites, its owners or its providers.
Your Liability to us
1. You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal expenses, arising out of or in connection with a breach by you of your obligations, representations and warranties in these Conditions.
2. If any application that we make on your behalf to register your Domain Name is terminated due to the content of the Deliverable Materials provided by you, then in addition to any other rights that we may have, we reserve the right to either surrender your Domain Name, retain your Domain Name for our own use or transfer your Domain Name to any third party of our choice.
3. You indemnify us and the Registry against any costs, claims or expenses that we incur as a result of any allegation that the registration of your Domain Name or the manner in which your Domain Name is used (either directly or indirectly) infringes a legal right of any third party in respect of any costs, claims or expenses incurred by either you us or the Registry in this respect.
Intellectual Property Rights
1. You must not use, copy, adapt, alter or part possession with any information relating to us which we disclose to you under or in relation to the Contract and which is of a confidential nature. You acknowledge that we may use information provided by you so that we can perform our obligations under this Contract and so we can collate the information that you provide to produce non-customer specific statistics to assist us in our business planning.
2. All intellectual property rights in the Website, its functionality, and any design work, documents, drawings and information in connection with this Agreement will remain at all times our property. Such Website, Website functionality, design work, documents, drawings and information are confidential and will not be copied, disclosed or used except by you for your personal non-commercial use. You may not otherwise, without express permission from us, copy distribute sell or publish any of the content of the Website.
3. We both must comply with the Data Protection Act 1998 when dealing with information given to the other party under this Contract. You hereby acknowledge and accept that we may pass your details on to other parties so that they can offer you various products and services.
Force Majeure
If we fail to do what we have agreed with you because of something outside of our reasonable control, we will have no liability to you because of our failure. If you fail to do what you have agreed to do under this Contract because of something outside of your reasonable control, you will have no liability to us because of your failure. Assignment
1. You may not assign or try to assign or otherwise deal with any of your rights and obligations under the Contract without our prior written consent.
2. We may assign or sub-contract all or any of our rights and obligations under the Contract to any third party.
General
1. Any indulgence given by us to you in respect of your obligations under the Contract is entirely at our discretion and shall not operate as a waiver of any of our rights.
2. Any part of these Conditions that is unenforceable or illegal will be severed from these Conditions and will not affect the enforceability of the remaining provisions of these Conditions.
3. We will not be liable to return any Deliverable Materials that you give us for the purpose of providing the Services to you.
4. The Contract is governed by the law of England and Wales and each of us agrees to submit disputes in connection with the Contract to the exclusive jurisdiction of the Courts of England and Wales.

These Conditions together with your Order form the whole of the Contract between us. They apply in place of any other terms or statements discussed between you and any of our representatives or sales people.

Terms and Conditions

The Contract between you and us

The Price of our Services

The Services that We Offer

Interactive Products

Domain Name Services

Transfer of Your Domain Name

Your Obligations to Us

Termination of the Contract

Our liability to You

Your Liability to us

Intellectual Property Rights

Force Majeure

General