DomainGiant Ltd - Terms and conditions for website users: Legal notice Upon visiting our website you are required to accept the terms and conditions listed below in return for receiving information about our company, services and any other business information supplied. Use of this website signifies your agreement to the terms of use. Conditions of use DomainGiant.co.uk ("Domain Giant Ltd") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services operated by DomainGiant.co.uk (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to use of any services, you agree to the Terms of Use. DomainGiant.co.uk reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorisation to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. COPYRIGHT; LIMITED LICENSE The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorised use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, DomainGiant.co.uk and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of DomainGiant.co.uk. Use of Site Information, except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions: 1. The documents and information may be used solely for personal, informational, internal, non-commercial purposes. 2. The documents and information may not be modified or altered in any way. 3. The documents and information on the Site may not be distributed. 4. You may not remove any copyright or other proprietary notices contained in the documents and information. 5. DomainGiant.co.uk reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from DomainGiant.co.uk. 6. The rights granted to you constitute a license and not a transfer of title. 7. All Local Websites are rented from DomainGiant on a term specified at the point of sale, ownership of said websites and content are property of DomainGiant, and any unauthorized reproduction of said sites and copyrighted content will be treated as an act of copyright theft under the Digital Economy Act 2010. The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. USE AND PROTECTION OF MEMBER NUMBER AND PASSWORD you are responsible for maintaining the confidentiality of your member number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Warranties and disclaimers except as expressly provided otherwise in written agreement between you and DomainGiant.co.uk Ltd, All materials and services on this site are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, DomainGiant.co.uk makes no warrant that (i) the services and materials will meet your requirements, (ii) The services and materials will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the services or materials will be effective, accurate or reliable, (iv) The quality of any products, services, or information purchased or obtained by you from the site will meet your expectations, and (v) Any errors in the software obtained from the site will be corrected. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This site could include technical or other mistakes, inaccuracies or typographical errors. DomainGiant.co.uk may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and DomainGiant.co.uk makes no commitment to update such materials or services. DomainGiant.co.uk assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall DomainGiant.co.uk or its suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not DomainGiant.co.uk has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or identical damages, so the above limitations may not apply to you. The use of the services or the downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from DomainGiant.co.uk or through or from the site shall create any warranty not expressly stated in the terms of use. This Site contains links to third-party Web sites that are not under the control of DomainGiant.co.uk. DomainGiant.co.uk makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-DomainGiant.co.uk Web site, you do so at your own risk and DomainGiant.co.uk is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. DomainGiant.co.uk provides these links merely as a convenience and the inclusion of such links does not imply that DomainGiant.co.uk endorses or accepts any responsibility for the content or uses of such Web sites. This Site can be accessed from other countries around the world and may contain references to DomainGiant.co.uk products, services, and programs that have not been announced in your country. These references do not imply that DomainGiant.co.uk intends to announce such products, services or programs in your country. Payments Policies All accounts are set up on a prepay basis. Although DomainGiant.co.uk reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year, quarter or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. In situations where the payment on file is declined DomainGiant.co.uk will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, DomainGiant.co.uk 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. All payment is in UK sterling. Cancellation and Refunds Policy For any cancellation of service you must inform us thirty (30) days in advance by email only, please send your email to cancellations@DomainGiant.co.uk In consideration of our provision of the service you shall pay to us the charges as follows: (i) the set up fee (as written in the relevant Confirmation of Order) in advance (ii) the monthly fee (as written in the relevant Confirmation of Order) (iii) any other payments due to us for provision of the Service as given by us, all by the payment method selected by you and written in the confirmation of Order or on the relevant invoice sent to you by us. Refunds on unused service periods are available subject to the following terms and conditions. • Refunds will not be issued for those who break our Terms and conditions and Acceptable User Policies. • Cost of Domain Names is non-refundable. • SSL certificates are non-refundable. • All cancellation requests must be accompanied by an email to cancellations@DomainGiant.co.uk stating your intention to cancel. • Setup fees are non refundable. Suspension of Service will not remove your liability to pay any Charges that are due and payable on your account at the date of termination. Also we will have the right to charge interest on any unpaid amounts at the rate of 3% over the then current Bank of England base rate. If you do not pay any Charges within thirty (30) days of the invoice date we reserve the right to change the ownership of your domain name into our name without further notice to you. If the domain name is cancelled for non-payment then it will become available to others for registration. If the domain name reverts to us then you may negotiate directly with us to regain the domain however we have no obligation to give the domain to you. Where a credit card arrangement exists and if a termination or cancellation has not been received and if expiration date on a credit card occurs we reserve the right to automatically change the expiration date. If you are in the United Kingdom you must add the applicable rate of VAT to all Charges. In the rest of the European Union you must also add the applicable rate of VAT, unless you are VAT registered, in which case no VAT is payable providing you quote your VAT number. Outside the European Union no VAT is payable. All amounts due to us under the Agreement are exclusive of Value Added Tax. VAT shall apply and be added at the appropriate rate. We reserve the right to alter Charges, particularly for domain name register costs. We will let you know in advance about increases in Charges. Disputed Bills If you dispute any charge on a bill you must notify us in writing within 14 days of the date of the bill with all relevant information. Where the disputed amount is: (i) less that 5% of the total bill, you will pay the full amount of the bill; or (ii) more than 5% of the total bill, you must pay the amount not in dispute. Late Payment If we do not receive payment by the due date, we may charge you daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the European Central Bank for the period beginning on the date on which payment is due and ending on the date on which payment is made. If you do not pay a bill, we may instruct a debt collection agency to collect payment (including any interest) on our behalf. If we instructs an agency, you must pay us an additional sum. This will not exceed the reasonable costs we have to pay the agency, who will add the sum to your outstanding debt on our behalf. Term The Agreement will become effective on the date that we accept your order for the Service (which will be confirmed in the Confirmation of Order) and depending on any rights of termination set out in these terms and conditions shall continue for a period of not less than twelve (6) months. We do not guarantee any positions within the search results, for this reason we will not offer refunds if your website does not appear on the first page. There will be no exceptions to this rule Unless stated in an email from DomainGiant laying out bespoke terms, if this is the case we will offer a full refund providing no 3rd party has altered in anyway and influenced the work / results we were aiming to achieve. We shall have the right to end the Agreement by notice in writing to you if any of the following events occur: You fail to make any payment when it becomes due to us, or You break any of your obligations under the Agreement. Domain Name sales: Domain Giant Ltd will invoice customers for any domain name but this does not guarentee you the purchase. Domain Giant recives offers on multiple domain names and we opperate a strict first come first served basis, the deal is only complete when payment has been confirmed and recived. Domain Giant may also withdraw any offer after 24 hours if no payment is made. If you end the Agreement during the initial (six) 6 month period other than within 5 Working Days of the date that we accept your order or because we have increased the Charges or materially changed the terms of the Agreement to your detriment, you must pay us the applicable Charges for the remainder of the (six) 6 month period. Either party may end the Agreement or the Service provided under it immediately by notice to the other if: The other party commits a material breach of the Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so or The other party commits a material breach of the Agreement which cannot be remedied under any circumstances or The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect or The other party ceases to carry on its business or substantially the whole of its business or The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets. Any rights to end the Agreement shall be without prejudice to any other accrued rights. On termination of the Agreement for any reason: we may delete all e-mail, websites, and other data stored on the Service by you and re-use the e-mail addresses, domain names and web-spaces not held by you. We shall not exercise this right for six (6) weeks in the case of termination by us other than for breach by you and in such circumstances shall transfer any domain names held by you to another ISP subject to your payment of the relevant prevailing domain name transfer charge rate. Upon the termination of the Agreement for any reason whatsoever: you shall promptly return to us all copies of any software relating to the Service in your possession; and we may cease to host your website with immediate effect; and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other party's confidential information) which it then has in its possession or control. Refunds Once service(s) provisioning has commenced no refund shall be available for any set up fee paid and any applicable charges. We reserve the right to charge for any extra services you have requested from us for your cancellation of Service, including without limitation any services relating to web design for a temporary website, forwarding or transferring the service and providing back up whilst any such transfer is carried out. Assignment We may assign or otherwise transfer the whole or any part of the Agreement at any time. You may not assign or otherwise transfer the Agreement or any part of it without our written consent. Renewal We will automatically renew your contract after the initial six (6) month period of the Agreement unless you tell us in writing at least thirty (30) days before the end of the initial period instructing us to do otherwise. You agree in the event we are not told at least thirty (30) days prior to the end of the initial six (6) month period of your wishes not to renew, we will automatically renew the contract on a monthly basis and continue to bill you for the service until such time as you cancel by giving us at least thirty (30) days notice. If a credit card or debit card is on file with us, you agree that we will be entitled to automatically take payment via that device. If payment is not received via this process (i.e. credit card or debit card is no longer valid, credit card or debit card has expired, etc.) prior to the end of the initial six (6) month period, we will inform you via telephone, fax or letter and you agree that the invoice is to be paid prior to the end of the initial six (6) month period and that we reserve the right to pursue any outstanding invoice through the appropriate legal channels. You agree that any package of ours purchased under a promotion at a discounted price for the first year may be charged at the full price for all subsequent years at our discretion. Any change in pricing is subject to interest We will use our reasonable endeavours to make sure that your domain name, internet keyword or any other product comprising the Service will be automatically renewed after expiry of the initial or any subsequent two (2) year registration period provided always that the Agreement remains in force up to the date of expiry of such period. Where a domain name is to be renewed we will automatically renew a domain(s) either as part of the overall package or as an individual domain. An annual renewal fee will be applicable as outlined in the renewal notice sent at least sixty (60) days prior to renewal. Whilst we will use all reasonable endeavours to make sure that your domain name, internet keyword or any other product of ours is renewed at the relevant renewal date, you acknowledge that it is not possible for us to guarantee such renewal and that we shall not be liable for any failure to renew the domain name. The bandwidth used for traffic to and from the web site is exceeded beyond use considered acceptable by us and is deemed by us to affect the performance of other client websites. Not withstanding any other remedies we may have under these terms and conditions or in law, if the acceptable bandwidth is exceeded, we may elect to charge you an extra monthly fee to be discussed with a sales consultant at the time. Placing an order indicates your acceptance of these terms and conditions. If you have any questions regarding this policy please contact us. For a more tetailed outline of out terms please see;http://www.businesssearchlocal.co.uk/Terms&conditions.php