1. TERMS OF CONTRACT

1.1 Incorporation of Conditions
These Conditions shall apply to and be incorporated into any Agreement between OuterSpaced and the Customer relating to the Services.

1.2 Conflict
Subject to any special conditions agreed between OuterSpaced and the Customer, these general Terms and Conditions shall apply and shall prevail over any other term of this Agreement. No variation or waiver or addition to this Agreement shall be binding on OuterSpaced, unless and until it is confirmed in writing by OuterSpaced.

2. SUPPLY OF THE SERVICES

2.1 OuterSpaced agrees to supply the Services to the Customer on the following conditions:-

(a) OuterSpaced shall (subject to Clause 4.1) supply the Services to the Customer as soon as reasonably practicable and in any event no later than 30 days from the Commencement Date of the Agreement;

(b) OuterSpaced shall inform the Customer of any delay in the delivery of the Services as soon as reasonably practicable;

(c) OuterSpaced shall provide a full refund of the Charges (subject to Clause 4.1) to the Customer if it is unable to supply the Services within 30 days from and including the Commencement Date of the Agreement; and

2.2 OuterSpaced warrants to the Customer that the Services will be provided using reasonable care and skill but at all times this will be subject to downtime caused by routine or emergency maintenance by the Customer or occasioned by third parties.  OuterSpaced will not be liable to the Customer or any third party for any losses whatsoever caused by such downtime.

3. REGISTRATION OF DOMAIN NAME(S)

3.1 OuterSpaced does not check for any trademark brand name or copyright infringements of the proposed domain name. I have reviewed the proposed domain name for such infringements as well as for conformity with applicable laws in the countries of usage. I hereby agree to hold OuterSpaced harmless of any claims a third party might have - for whatever reason - due to the domain name and any other incurring costs as well as other disadvantageous consequences

3.2 OuterSpaced does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. OuterSpaced does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

3.3 Upon successful Registration OuterSpaced and its Agents will host the Customer's domain name(s) for the Initial Registration Period and for such time as it remains validly registered to the Customer subject to such rules of the respective Naming Organisation as may be in force from time to time and which can be accessed through http://www.nic.uk/terms.html and http://www.icann.org.

3.4 OuterSpaced reserves the right to suspend or cancel any application for Registration or refuse to host a domain name(s) at their discretion.

3.5 The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the Customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed http://www.nic.uk/ref/drs.html and for .com, .net and .org domains in accordance with the UDRP which can be accessed http://www.icann.org/udrp/udrp.htm  which may impose restrictions on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute.  OuterSpaced agrees to act as mediator for the Customer.

4 CHARGES

4.1 The Company shall be entitled to issue an invoice for the Charges on the Commencement Date or as soon thereafter as is reasonably practicable

4.2 Payment of the Charges can only be made by cash, cheque or postal order made payable to OuterSpaced.

4.3 The Customer acknowledges that the Charges are exclusive of any telecommunication charges.  All telecommunication charges incurred by the Customer in connection with the use of the Services remain solely at all times the responsibility of the Customer.  OuterSpaced does not accept liability or responsibility for any such charges.

4.4 If the Charges are not paid in accordance with OuterSpaced’s invoice, OuterSpaced shall be entitled so far as is permitted by law and without prejudice to any other rights it may have to charge interest on the outstanding amount (both before and after judgement) at the rate of 6% above the base rate from time to time of  Abbey National Bank, Kilburn, London from and including the due date but excluding the date the outstanding amount is paid in full.

4.5 Upon termination of this Agreement the Customer shall be bound to pay any outstanding amount of the Charges in respect of the Services received up to and including the date of termination and the Supplier agrees to refund in full the difference between the Charges for the Services received up to the date of termination and the amount actually received by OuterSpaced from the Customer.

4.6 All prices exclude VAT.

4.7 The volume of included data transfer is limited, depending on the selected package, as detailed in the invoice to the customer.  Any additional data transfer will be billed direct to the customer by OuterSpaced’s agents.

5. CUSTOMER OBLIGATIONS

The Customer shall:-

5.1 Obtain the consent of individuals whose personal data are to be held on the register of the Naming Organisation and promptly notify OuterSpaced of any changes to the Customer's registered details including (but not limited to):-

(a) name and address of the Customer; 

(b) name, postal address, e-mail address, telephone and fax number of the technical partner and administrative partner of the Customer's domain name(s)

and in any event provide such information within 15 days of a request for such information from OuterSpaced .

5.2 Notwithstanding Clause 16.3, keep confidential all passwords received from OuterSpaced for the purpose of the Services and notify OuterSpaced immediately upon becoming aware that a password has become known to an unauthorised third party.

5.3 Only make use of the Services for a legitimate and lawful purpose.

5.4 Complete its own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

5.5 Allow OuterSpaced to access the Customer's home page to check for any infringements of the Customer's obligations under this Agreement.

5.6 Ensure that it complies at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer's website may be accessed or made available. OuterSpaced will have no liability under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such relevant laws or obligations or does not obtain such consents or approvals.

The Customer shall NOT:-

5.7 Send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;

5.8 Make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient.  This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming";

5.9 Use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are erotic or pornographic including but not limited to any other material, images, displays or services which are offensive, illegal or immoral or which is in breach of any legal obligation;

5.10 Exceed the relevant data transfer volume applicable to the Specified Service unless the Customer has agreed with OuterSpaced to pay Additional Charges as may vary from time to time for the data transfer volume exceeding the agreed level in the Specified Service.

6. LIABILITY

6.1 OuterSpaced shall not be liable to the Customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer.

6.2 Neither party shall have any liability to the other in respect of any breach to this Agreement for loss of revenue, business, anticipated savings or profits or any loss of use or value of any equipment or for any indirect or consequential loss howsoever arising, save as set out in Clause 7.3, and 7.4 below.

6.3 Nothing in this Agreement shall:-

(a) exclude or restrict OuterSpaced for liability in respect of the death or personal injury or fraud resulting from the negligence of OuterSpaced, its employees or agents;

(b) limit or exclude the respective rights and remedies of OuterSpaced and the Customer under the Unfair Contract Terms Act 1977;

(c) exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and where the Customer deals as a consumer, the conditions implied by Section 13 to 15 inclusive of the said Act and by Section 3 and 4 of the Supply of Goods and Services Act 1982; or

(d) where the Customer deals as a consumer, affect the Customer's statutory rights.

6.4 The Customer will indemnify OuterSpaced for all loss of revenue, business profits, costs and expenses arising from any failure by the Customer to use the Services in accordance with this Agreement.

6.5 Nothing in this Agreement shall prevent OuterSpaced from pursuing payment of a debt against the Customer.

7. TERMINATION

7.1 Either party may at any time by giving notice in writing summarily terminate this Agreement without compensation to the other party if the other party shall become bankrupt, or if a body corporate pass a resolution or the court shall make an order that one party be wound up, otherwise than by way of amalgamation or reconstruction, or if a receiver or manager on behalf of a creditor shall be appointed, or if circumstances shall arise which entitles the court to make a winding up order.

7.2 OuterSpaced shall have the right to terminate this Agreement without reason upon giving 14 days written notice to the Customer and termination shall occur at the expiry of the notice period. The Customer shall have the right to terminate this Agreement any time giving written notice to OuterSpaced. Termination shall occur at the reception time of the notice.

7.3 Termination or expiry of this Agreement for whatever reason shall not prejudice or affect any right of action or remedy which shall have occurred or shall accrue thereafter to either of the parties.

7.4 OuterSpaced reserves the right to terminate this Agreement without notice upon any of the following events:-

(a) the Charges and/or Additional Charges are outstanding for more than 30 calendar days;

(b) the Customer is in breach of his obligations as set out in Clause 6.4, 6.5, and 12;

8. EFFECT OF TERMINATION

8.1 The Customer shall pay all amounts (if any) as and when such amounts shall fall due under the indemnity given in Clause 7.4;

8.2 The Customer shall be responsible for renewing the Registration of his domain name(s) and finding a new host for the respective domain name(s);

8.3 OuterSpaced shall without prior notice cease hosting a domain name(s) 30 days from and including the expiry date of notice to terminate given under Clause 8.2 or 30 days from the date of termination if earlier notwithstanding that the Customer has not found an alternative host for the respective domain name(s).

9. CONSUMER'S CANCELLATION RIGHTS

9.1 Any Customer buying as a consumer has the unreserved right to cancel this Agreement at no cost and without any reason within 7 days from either:-

(a) the date the contract is formed; or

(b) the date that confirmation that the contract is formed is received from OuterSpaced whichever is the later.

10. LIMITATION OF SERVICE

10.1 OuterSpaced shall be entitled to suspend such access to the Services as it deems necessary by the Customer or any third party to all or any party of the Services if the Customer is in breach of any of the following Clauses: 5, 6.4, 6.5, and 12.  This Clause shall not be construed in any way as limiting the termination rights of the Company as provided by Clause 8.

10.2 If access to the Services is suspended as a result of downtime caused by routine or emergency maintenance by the Customer the Services shall be reconnected as quickly as practicable after, in the opinion of OuterSpaced, such circumstances giving rise to the need to suspend have ceased to exist.

10.3 Following the suspension of Services the Customer shall be obliged to apply for reconnection of access to the Services but OuterSpaced shall not be obliged to reconnect access to the Services. On receipt of an application to reconnect OuterSpaced may do one of the following:-

(a) reconnect as soon as reasonably practicable subject to payment of all Charges and/or Additional Charges and any amounts due under Clause 7.4;

(b) specify additional reasonable terms required by OuterSpaced prior to agreeing access to the Services;

(c) refuse to allow access to the Services on the basis that the breach or instruction or event which led to the suspension of access is unremedied or still remains as the case may be.

10.5 The Customer will pay any Additional Charges as may be required from time to time by the Company for reconnection to the Services.

10.6 If the breach or instruction or event which led to the suspension of Services remains or the Customer refuses to accept the additional terms that may be imposed, OuterSpaced shall be entitled to terminate without notice;-

(a) in the case of non payment of any Charges or Additional Charges, if such amounts remain outstanding for more than 30 calendar days; or

(b) in the case of any other event leading to suspension of access to the Services, if it remains unremedied or additional terms are not accepted within 14 days of the suspension.

11. WARRANTY

11.1 OuterSpaced does not give any warranties in connection with the provision of goods supplied by a third party for the provision of the Services but shall, if applicable, assign to the Customer the benefit of any licence, warranty, guarantee or indemnity given by the third party supplying any Equipment to OuterSpaced.

12. DATA SECURITY              

12.1 All information, mail messages and other data stored on OuterSpaced’s computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of OuterSpaced‘s back up services and/or providing the Customer with the Services and/or for OuterSpaced’s own internal purposes such as market research.

12.2 OuterSpaced expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use.  OuterSpaced cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and OuterSpaced recommends the use of encryption for transfer of sensitive data or information.

12.3 The Customer accepts that the Company will put its name on its mailing list for receipt of product information and other advertising material from the Company unless it informs the Company in writing that it does not wish to receive such material.

12.4 The Customer accepts that the register of the Naming Organisation will include the Customer's name and address, administrative partner and technical partner and other details relating to them.  This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984.  The Customer accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.

13. FORCE MAJEURE

13.1 OuterSpaced shall not be liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.

14. ASSIGNMENT

14.1 Neither this Agreement or any rights or obligations hereunder may be assigned or transferred or sub-contracted by the Customer in part or in whole to a third party, without the prior consent of OuterSpaced such consent not to be unreasonably withheld.  OuterSpaced may on providing notice to the Customer assign this Agreement in part or in whole to any third party.

15. THIRD PARTY RIGHTS

15.1 Nothing in this Agreement shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than OuterSpaced and the Customer, including without limitation rights granted under the Contracts (Rights of Third Parties) Act 1999.

16. GENERAL

16.1 No delay, neglect or forbearance on the part of either party in enforcing against the other party any terms or conditions of this Agreement shall either be or be deemed to be a waiver in or in any way prejudice any right of that party under this Agreement, unless such waiver shall be in writing.

16.2 Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been duly given if sent by first class post, or where the parties expressly agree by electronic mail or facsimile transmission, to such person and such address as either party shall nominate for this purpose from time to time.

16.3 Each party shall treat as confidential all information received by it from the other party relating to the other party's business, customers, strategies and plans, and such information may only be used for the purpose of this Agreement and may only be disclosed in strict confidence to its professional advisers or any person to whom disclosure is required by law, to its employees or subcontractors where reasonably necessary for the purposes envisaged by this Agreement, and where otherwise specifically permitted by this Agreement.

16.4 This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

CONTACT US

If you have any comments or queries in connection with our privacy policy, please contact our Customer Services team.

Please click here to return to the Customer Information Home Page.

Terms of Use | Feedback | Privacy | Contact Us | About Us