Terms and Conditions
This page was last updated: 17th January 2010
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply our services described on our website http://regentinternet.com/shop to you ("Services"). Our primary services are a domain name registration and renewal service http://regentinternet.com/shop/domains.shtml ("Domain Registration and Renewal Service"), our website hosting services http://regentinternet.com/shop/hosting.shtml ("Hosting Service") and our website design services http://www.regentinternet.com/ ("Website Design Service").
Please read these terms and conditions carefully before ordering any Services from our website. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. These terms and conditions will not be varied for individual customers.
Please read through these terms and conditions carefully and print a copy for future reference.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "Acceptance Confirmation" is defined in clause 32.1;
1.1.2 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.3 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing,
copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or
obligations, whether registrable or not in any country;
1.1.4 "Material" is defined in clause 7.4;
1.1.5 "Minimum Term" is defined in clause 13.3;
1.1.6 "Regent Internet" means Regent Internet;
1.1.7 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.8 "ISP" stands for internet service provider;
1.1.9 "server" means the computer server equipment operated by Regent Internet in connection with the provision of the
Services;
1.1.10 "the Services" means web hosting, domain name registration, email, website design and any other services or
facilities provided by Regent Internet.
1.1.11 "spam" means sending unsolicited and/or bulk emails;
1.1.12 "virus" means a computer programme that copies itself or is copied to other storage media, including without
limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys,
alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes
without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.13 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at http://regentinternet.com/shop.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all
genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended
to be part of or to affect the meaning or interpretation of this Agreement.
1.5 All references to regentinternet.com are deemed to also include regentinternet.co.uk and should be read as such. For
the purposes of these terms, our site includes all subdomains including but not limited to www and support.
2 INTRODUCTION
2.1 The Customer wishes to provide Regent Internet with data that will be hosted on Regent Internet's servers and made
accessible via the Internet.
2.2 Regent Internet provides web hosting services and has agreed to host the Customer's data upon the following terms and
conditions.
3 DUTIES
3.1 Regent Internet shall provide to the Customer the Services specified in their order subject to the following terms and
conditions.
3.2 The Customer shall deliver to Regent Internet the website and the software used in the website which is owned by the
Customer, or licensed to him by a third party or Regent Internet ("the Customer Software"), in a format specified by
Regent Internet.
4 CHARGES AND PAYMENT
4.1 The price of any Services will be as quoted on our website from time to time, except in cases of obvious error.
4.2 The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your
order for the Services.
4.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before
the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in
clause 13.3) expires. If you do not agree to such price changes, please cancel your Services in accordance with clause
13.3.1. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit
card, debit card or other payment method registered to your account.
4.4 Our website contains the details of a large number of Services and it is always possible that, despite our best efforts,
some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our
stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the
price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting
your order, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have accepted
your order, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a
mis-pricing.
4.6 Payment methods include credit cards (including MasterCard and Visa) and debit cards (including Switch/Maestro).
4.7 Regent Internet do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than
those outlined in 4.6.
4.8 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.9 Regent Internet shall be entitled to charge interest in respect of late payment of any sum due under this Agreement,
which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per
annum above the base rate of the Bank of England from time to time in force.
4.10 Regent Internet do not provide credit facilities.
4.11 From time to time Regent Internet may make enquiries on the Customers company, proprietor or directors of the Customers
company with credit reference agencies. These agencies may record that a search has been made and share this information
with other businesses.
4.12 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.13 Should your chosen payment method fail Regent Internet will attempt to settle your invoice using any other payment
facilities available on your account.
4.14 All services will renew until cancelled by the customer. Regent Internet emails the customers primary email address
prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be
made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to
cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 Regent Internet shall maintain control and ownership of the IP address that is assigned to the Customer as part of the
Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Regent Internet changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption
to the Customer.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 You, or your licensor, retain all intellectual property rights in your Material, and you grant to us a worldwide,
non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material
on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not
infringe the intellectual property rights of any third party and you have the authority to grant the licence in
this clause 6.1 to us. We may make such copies as may be necessary to perform our obligations, including making
back-up copies of your Material.
6.2 You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and
costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use
of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual
property rights of a third party.
6.3 If you download software we own from our website, we grant you a non-exclusive, non-transferable royalty free licence
to use that software for the purpose set out on our website in relation to that software. Such licence will automatically
terminate when we stop providing the Hosting Services to you.
6.4 Any third party software that you download from our website shall be licensed to you on the standard software licence
terms of the owner of the intellectual property rights in that third party software as those licence terms are notified
to you at the time you download such software.
6.5 We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software
referred to in clause 6.3. Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or
our software.
6.6 We will defend you against any claim that the Hosting Services (but not materials stored or maintained on our servers
by third parties) infringe any United Kingdom intellectual property rights of a third party (other than infringements
referred to in clause 6.2), and shall indemnify you for any amounts awarded against you in judgment or settlement of such
claims, provided that:
6.6.1 you give prompt notice of any such claim;
6.6.2 you make no admissions or settlements without our prior written consent;
6.6.3 you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense; and
6.6.4 we are given sole authority to defend or settle the claim.
6.7 In the defence or settlement of the claim, we may obtain for you the right to continue using the Hosting Services,
replace or modify the Hosting Services so that they become non-infringing or, if such remedies are not reasonably
available, terminate the Contract with you without liability to you (in which case we will refund to you the price
you have paid on a pro-rata basis). We will have no liability to defend or indemnify you if the alleged infringement
is based on:
6.7.1 a modification of the Hosting Services by anyone other than us;
6.7.2 your use of the Hosting Services in a manner contrary to our instructions or our acceptable use policy
http://regentinternet.com/shop/acc_use_policy.shtml; or
6.7.3 your use of the Hosting Services after notice of the alleged or actual infringement from us or any appropriate
authority.
6.8 The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for
the infringement of any third party's intellectual property rights by the Hosting Services.
7 SERVICE LEVELS AND BACKUP OF YOUR MATERIAL
7.1 Regent Internet shall use its reasonable endeavours to make the server and the Services available to the Customer 99.9%
of the time but because the Services are provided by means of computer and telecommunications systems, Regent Internet
makes no warranties or representations that the Service will be uninterrupted or error-free and Regent Internet shall
not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and
emergency outages through the system status page http://regentinternet.com/shop/system_status.shtml on our website.
7.3 Service credits are not given for any form of downtime or service unavailability.
7.4 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other
material you upload (or permit to be uploaded) onto our servers ("Material") as part of your use of the Hosting Services.
In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain
pursuant to our archiving procedure.
7.5 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our
servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our
servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure.
We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any
third party.
8 ACCEPTABLE USE POLICY
The Customer acknowledges that the Regent Internet Acceptable Use Policy
http://regentinternet.com/shop/acc_use_policy.shtml is attached to these Terms and Conditions and agrees to be bound by
its terms.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP
access or SSH access where available. The Customer will be issued with a user name and password in order to access the
account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If
the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees
to immediately inform Regent Internet and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Regent Internet that Regent Internet's use of the Content or the Customer
Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that
the Customer has the authority to license the Content and the Customer Software to Regent Internet as set out in Clause
6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral
or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without
prejudice to that generality, Regent Internet shall not be liable to the Customer as a result of any viruses introduced
or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Regent Internet and its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against
Regent Internet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out
of or relating to the Website.
12 OUR LIABILITY
12.1 We do not monitor and will not have any liability for your Material or any other communication you transmit, or
allow to be transmitted, by virtue of the Hosting Services.
12.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic
mail or any other information transferred through the Internet or via any network provider and no guarantee or
representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable
for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow
to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but
not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued
thereunder).
12.3 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions
(or the documents referred to in them) are hereby expressly excluded.
12.4 We do not exclude or limit in any way our liability:
12.4.1 for death or personal injury caused by our negligence;
12.4.2 under section 2(3) of the Consumer Protection Act 1987;
12.4.3 for fraud or fraudulent misrepresentation; or
12.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential)
and whether they are caused by our negligence or otherwise:
12.5.1 loss of income or revenue;
12.5.2 loss of business;
12.5.3 loss of profits or contracts;
12.5.4 loss of anticipated savings;
12.5.5 loss of goodwill;
12.5.6 loss of software or data;
12.5.7 wasted expenditure (such as pay per click advertising costs); or
12.5.8 wasted management or office time.
12.6 Subject to clause 12.4 and clause 12.5, our maximum aggregate liability under or in connection with the performance or
contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no
circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the
twelve (12) months preceding the event giving rise to the liability in question. Accordingly, you are advised to acquire
business interruption insurance, or other appropriate insurance, to protect you and your business in the event of
interruption of the Services (in particular the Hosting Service).
12.7 Where you buy any product or service from a third party seller through following a link on our website to such third
party's website, the seller's individual liability will be set out in the seller's terms and conditions. You should
consult such terms and conditions.
13 DURATION OF THE SERVICES AND CANCELLATION
13.1 That part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send
you our Acceptance Confirmation. It will continue until:
13.1.1 we have registered the domain name you have requested (the "Domain Name") and you subsequently ask us not to
renew the registration of your Domain Name by logging into your domains control panel and setting the Domain Name renewal
option to "cancel" at anytime before the renewal date; or
13.1.2 we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
13.1.2.1 the Domain Name is no longer available for registration;
13.1.2.2 clause 20.1.7 applies;
13.1.2.3 you are in breach of clause 20.1.8; or
13.1.2.4 of some other reason preventing the registration of the Domain Name.
13.2 If we terminate the Domain Registration and Renewal Service under clauses 13.1.2.1, 13.1.2.2 or 13.1.2.4, we will
refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other
account you used to make the payment.
13.3 That part of the Contract relating to Services other than our Domain Registration and Renewal Service will also
commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided in this
clause 13.3, they shall continue for the minimum period of time that applies to the Service you have purchased (as
these are set out on our website and subsequently confirmed in the Acceptance Confirmation) ("Minimum Term"). After
expiry of the Minimum Term, they will continue on a month to month basis until terminated:
13.3.1 by you giving to us at least seventy-two (72) hours advance written notice through our support ticket system
http://support.regentinternet.com. As part of our cancellation process, we will respond to you through our support
ticket system and you must re-confirm your cancellation request. You must re-confirm your cancellation request via
our support ticket system or we will continue to supply the relevant Services and your cancellation will be
ineffective. You cannot cancel any of your Services by letter, email or telephone. You will not receive any refund
of the price you have paid for the Services you have cancelled; or
13.3.2 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email
address registered against your account.
13.4 The monthly price for Services we supply under Contracts that continue on a month to month basis under
clause 13.3 shall be charged monthly in advance directly to a credit card, debit card or other payment method
registered against your account. Such payment will be taken on the same date of the month as on which the
Services had originally commenced ("Payment Date") unless or until you cancel the Services in accordance with
clause 13.3.1. We will not provide you with a refund for a cancellation that is part-way through a billing period.
Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you
will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.
13.5 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and
conditions, our website terms of use http://regentinternet.com/shop/website_use.shtml or our acceptable use policy
http://regentinternet.com/shop/acc_use_policy.shtml, we may terminate the Contract at any time by giving you
thirty (30) days advance notice by emailing you at the email address registered against your account. If we cancel
the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired
Minimum Term.
13.6 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation
of these terms and conditions we may terminate the Contract by seven (7) days notice to you and/or, at our absolute
discretion, terminate or suspend without notice any individual Services we provide to you from time to time.
13.7 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us
arising in any way under that Contract as at the date of expiry or termination.
14 THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person that is not a party to it.
14.2 The Contract is binding on you and us and on our respective successors and assigns.
14.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations
arising under it, without our prior written consent.
14.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or
obligations arising under it, at any time during the term of the Contract.
15 FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control
and includes in particular (without limitation) the following:
15.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and
hacker attacks);
15.2.2 strikes, lock-outs or other industrial action;
15.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not)
or threat or preparation for war;
15.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.5 impossibility of the use of public or private telecommunications networks; and
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
16 SEVERABILITY
If any of these terms and conditions or any provisions of the Contract are determined by any competent authority
to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent
permitted by law.
17 NOTICES
All notices given by you to us must be given though our support ticket system http://support.regentinternet.com. We may
give notice to you at either the then current e-mail or postal address registered against your account with us.
18 ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between
us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or
arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation,
undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior
to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in
writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's
only remedy shall be for breach of contract as provided in these terms and conditions.
19 GOVERNING LAW AND JURISDICTION
Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or
related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English
is the language offered for the conclusion of the contract between us both.
20 DOMAIN NAME REGISTRATION
20.1 Where the Contract includes our Domain Registration and Renewal Service:
20.1.1 we will endeavour to procure the registration of the domain name you request;
20.1.2 we will not be liable in the event that the relevant domain name registry refuses to register the domain name
you request, or subsequently suspends or revokes any registration for that domain name;
20.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry;
20.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name
registry's terms and conditions of use which you should obtain and consider. Copies of these can be found at
http://regentinternet.com/shop/registrar-terms.shtml;
20.1.5 you are responsible for ensuring that you are aware of the terms referred to in clause 20.1.4 so that you can
comply with them;
20.1.6 the domain name you request will only have been successfully registered when you appear as the registrant on
the appropriate "whois" database of the top level domain name registrar;
20.1.7 we shall have the absolute discretion to require you to select a replacement domain name to the one you have
requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal
Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may
or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory
requirement; and
20.1.8 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority
of the owner of any trade mark to use such name) that you have requested be registered.
20.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal
owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in
connection with any website in relation to which the Hosting Service supplied to you is used.
20.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you
retain your registration of it. We will send you renewal notices thirty (30) days and seven (7) days before the
renewal date of your registered domain name. These notices will be sent to the email address then registered against
your account. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the
Domain Registration and Renewal Service in accordance with clause 20.1.1.
21 SCRIPTING
Regent Internet are not responsible for customer programming issues other than ensuring that programming languages such as
Perl, PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy which can be found at
http://regentinternet.co.uk/shop/privacy-policy.shtml.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your
account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music,
video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites,
storing pages, files or data as a repository for other websites or personal computers, giving away web space under a
domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other
customers we will discuss with you alternative solutions for your hosting requirements.
25 EMAIL NEWSLETTER
Regent Internet communicates with it's customers via email and as such you agree to receive by email our regular newsletter
which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our
products & features and special offers.
26 HOSTING SERVICE USAGE LIMITATIONS
26.1 All our Hosting Service packages come with a web space allowance provided that:
26.1.1 your Material is linked into web pages;
26.1.2 you do not use the Hosting Service as a backup of, or repository for, your Material;
26.1.3 you maintain good housekeeping to maintain your Material; and
26.1.4 your comply with our acceptable use policy http://regentinternet.com/shop/acc_use_policy.shtml.
26.2 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting
package as this is set out on this website at the time of your order. The Hosting Service you have ordered will be
automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your
Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to
resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in the eXtend control
panel http://www.extendcp.co.uk
26.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum
of five (5) per cent of our server's processing capacity when using the Hosting Service package you order. At our absolute
discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements
if your usage has, or may have, a detrimental effect on our other customers.
26.4 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this
is set out on our website at the time of your order. However, any mailboxes that have not been accessed for one
hundred (100) clear days will be automatically deleted from our system.
26.5 When using the Services, you must comply with our terms of website use http://regentinternet.com/shop/website_use.shtml
and our acceptable use policy http://regentinternet.com/shop/acc_use_policy.shtml and these are incorporated into the
Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved
in favour of these terms and conditions.
26.6 We shall be entitled to terminate the Contract, or suspend or terminate the provision of any individual Services, if you
are in breach of our terms of website use http://regentinternet.com/shop/website_use.shtml or our acceptable use policy
http://regentinternet.com/shop/acc_use_policy.shtml.
27 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
28 CONSUMER RIGHTS
28.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection
(Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning
on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to
us starting supply of those Services before the end of the seven working day cancellation period referred to here. As
such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
28.2 This provision does not otherwise affect your statutory rights.
29 YOUR STATUS
29.1 By placing an order through our website, you warrant that:
29.1.1 you are legally capable of entering into binding contracts; and
29.1.2 you are at least 18 years old.
29.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority
to bind that company or business on whose behalf you are placing an order.
30 OUR STATUS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any
undertaking that products or services you purchase from companies to whose website we have provided a link on our website
will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect
your statutory rights against the third party seller.
31 THE ORDER PROCESS
31.1 You can only place an order for the Services once you have successfully registered an account with us. Information that
you provide while registering an account with us must be complete and accurate. You agree that we may block access to your
account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must
keep your user name and password secret at all times and not allow anyone else to use it. You must contact us immediately
if you believe your user name and password has become known to someone else.
31.2 Before you submit an order you will be shown your order on screen including details of the Services you wish to order
and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the
Services.
31.3 After placing an order for the Services and we have subsequently accepted your order, we will send the details to you
in an email, together with an invoice, to the email address you provided when you registered your account with us.
31.4 You can view copies of the invoices we have sent you and details of what you have purchased from our website by logging
into your account.
32 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
32.1 After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that
the Hosting Service you have purchased has been activated ("Acceptance Confirmation"). Your order constitutes an offer to
us to buy our Services and all orders are subject to acceptance by us. The contract between us ("Contract") will only be
formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in
which case we will tell you so.
32.2 The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged
to supply any other Services which may have been part of your order until such Services have been confirmed in a separate
Acceptance Confirmation.
33 QUALITY
33.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our
website will be provided with reasonable care and skill.
33.2 We will not be liable for a breach of the warranty in clause 33.1 unless:
33.2.1 you give written notice of the breach to us through our support ticket system http://support.regentinternet.com; and
33.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.
33.3 We will not be liable for a breach of the warranty in clause 33.1 if:
33.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if
there are any); or
33.3.2 you alter the Services without our written consent; or
33.3.3 the problem arises because of misuse.
33.4 Subject to clause 33.2 and clause 33.3, if we are in breach of the warranty in clause 33.1 we will, at our expense, use
all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata
Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause
33.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or
error-free.
33.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect
your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have
such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least
sixty (60) days prior to the change taking effect.
33.6 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf
which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit
our liability to you for fraudulent misrepresentation.
34 ACCESS TO THE HOSTING SERVICE
You are responsible for making all arrangements necessary for you to have access to our Hosting Services. You are also
responsible for ensuring that all persons who access our Services through your Internet connection are aware of these
terms and conditions (and in particular our acceptable use policy http://regentinternet.com/shop/acc_use_policy.shtml)
and that they comply with them.
35 DELETION OF YOUR DATA
If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately
and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before
you cancel your Services.
36 ADDITIONAL TERMS
Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
37 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our
website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This condition does not affect your statutory
rights.
38 WAIVER
38.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are
entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from
compliance with such obligations.
38.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
38.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver
and is communicated to you in writing in accordance with clause 17.
39 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
39.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market
conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and
regulatory requirements and changes in our system's capabilities.
39.2 You will be subject to the policies and terms and conditions in force at the time that you order services from
us, unless any change to those policies or these terms and conditions is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to
those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the
contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
39.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
