These
terms apply to the exclusion of all other terms and conditions. Variations
to these terms shall only be effective if recorded in writing, fully
approved and signed by us.
In these term's "we/us" means Optimize-Now and "you"
means the customer whose details appear on the order form. The "Contract"
means the agreement between you and us based on the order form and
these terms.
We will do our best to obtain registration of your selected domain
name. If your first choice is not available then we will endeavour
to obtain your second choice and if this is not available we will
consult with you again.
It will be your responsibility to pay all fees in connection with
the domain name registration including renewal fees. Payment of initial
fees on registration is due with your order. Failure to pay renewal
fees on the due date will result in cancellation of your registration;
there is no guarantee that the name will be available to you for re-registration.
It is your responsibility to ensure that all details you give to us
are correct and accurately spelled and set out. We will have no responsibility
for checking this. Any errors in the registration as a result of this
are your responsibility.
Registration is for a limited period only and periodic renewal will
be necessary. A fee is payable for renewal. We will endeavour to inform
you when renewal is due but it is your responsibility to monitor this
and we shall have no liability to you in this respect.
If disputes arise regarding domain names and the right to have them
we will have regard to the domain name disputes resolution policies
of the main registration bodies.
You must provide us with accurate and reliable contact details and
promptly correct and update them as necessary. This will include your
full name, postal address, email address, telephone and fax numbers
and the name of the person within your organisation authorised as
your contact with us.
If you intend to licence use of a domain name to a third party you
will remain responsible for providing the information set out above
about yourself and you must accept liability for harm caused by wrongful
use of the domain name.
We confirm that we will comply with the provisions of the Data Protection
Act 1998. You hereby give us your consent, and where it is required
your explicit consent, in respect of the processing of data that you
supply to us under this Contract.
You represent and warrant to us that your registration of the domain
name and the manner in which you will use it does and will not infringe
the legal rights of any third party.
You acknowledge that your registration of the domain name shall be
subject to suspension, cancellation or transfer pursuant to the policies
of the relevant registration body.
You shall indemnify and hold harmless us, our employees and agents
and any person or body under whose accreditation we accept domain
names for registration, from and against any and all claims, damages,
liabilities, costs and expenses (including reasonable legal fees and
expenses) arising out of or related to your domain name registration
and your use of the domain name.
Changing your registrar from us to a different domain name registrar
after initial registration of your domain name with us will require
payment of a nominal transfer fee which will cover admin costs incurred
by us.
We shall have no liability to you nor be deemed to be in breach of
this Contract if we are delayed in performing or unable to perform
any of our obligations under it due to circumstances beyond our reasonable
control.
Save in the case of death or personal injury caused by our negligence,
our total liability to you in contract or in tort arising in connection
with this Contract shall not exceed the total price paid by you. We
shall have no liability for loss of profits, business, revenue, goodwill
or anticipated savings nor for any other indirect or consequential
loss.
Notices shall be in writing and may be delivered personally (when
they shall be deemed served on delivery) or by first class prepaid
post (when they shall be deemed served 48 hours after they are posted).
The Contract is personal to you and you may not assign it without
our prior written consent. We may assign or sub-contract all or any
part of our rights or obligations under the Contract.
All fees referred to in these terms are exclusive of Value Added Tax,
which will be added and payable by you where appropriate. These terms
shall be governed by English law and you and we submit to the exclusive
jurisdiction of the English Courts.
