E Business Services - Market Leading E Business Solutions

 

 


The contract between The Customer and E Business Services contains the following Terms and Conditions.

Customers are additionally bound by our Anti-Spam Policy (Unsolicited Commercial Email).


1 - Interpretation

1.1 "E Business Services" means "E Business Services Limited", and the business "AutoDomains" owned and operated by "E Business Services Limited".

1.2 "The Contract" means the Terms and Conditions herein, and any additional conditions stipulated within the Service Order.

1.3 "Service Order" means the application or order for the Services that form an agreement between The Customer and E Business Services.

1.4 "The Customer" means the individual or company who has completed the Service Order and agreed to these Terms and Conditions. Not excluding any authorised agent or employee of that individual or company.

1.5 "Service(s)" means the Internet Services provided to The Customer by E Business Services under the agreement of a Service Order for the Service Order Period. Including, but not limited to, Domain Name Registration, Web Site Hosting, Web Site Development, E-Commerce Solutions and Electronic Mail Services.

1.6 "Service Order Period" means the period for which an agreement has been made for the provision of Service to The Customer by E Business Services. Including the initial contract and any agreed subsequent renewal or extension of that Service Order.

2 - The Service

2.1 E Business Services agrees to provide The Customer with the Services as described within the Service Order.

2.2 E Business Services will endeavour to provide a continual level of Internet Services free from error or interruption. However, it should be noted that it is not practical to guarantee a service free from fault, and E Business Services does not guarantee to do so.

2.3 The initial registration period for Domain Names is two years from the date that the Registration Authorities accept the application (unless otherwise specified). Thereafter, the registration may be renewed indefinitely for further periods of one or more years, upon payment of the renewal fees.

2.4 The Services provided may require that The Customer has suitable computing facilities to allow them to gain access to the Services via the Internet. The Customer is responsible for the provision and maintenance of any such computing facilities.

2.5 The agreement by E Business Services to provide the Services in the Service Order does not prohibit the suspension or termination of the Services by E Business Services in accordance with paragraph [8.1].

2.6 The agreement by The Customer to subscribe to the Services in the Service Order does not prohibit the cancellation of the contract by The Customer in accordance with paragraphs [8.2], [8.3] and [8.4].

2.7 E Business Services reserves the right to refuse Service to anyone.

3 - Service Usage

3.1 The Services provided by E Business Services may only be used for legal and lawful purpose. E Business Services strictly prohibits the use of the Service for the storage, transmission, receipt, preparation or use of material which is Obscene, Menacing, Unlawful, Libellous, Unsolicited, Harmful, Offensive, Threatening, Defamatory, or in Breach of Confidence, Trademark or Copyright. In addition E Business Services strictly prohibits the specific actions of Hacking, E-Mail Spamming, Spoofing, Security Scanning and Electronic Theft.

3.2 Failure of The Customer to adhere to the prohibitions as described in paragraph [3.1] may result in the immediate suspension or termination of the Service Order by E Business Services in accordance with paragraph [8.1].

3.3 E Business Services shall be the sole arbiter as to the designation of materials as described in paragraph [3.1]. 

3.4 Customers of E Business Services are bound by the Anti-Spam Policy (Unsolicited Commercial Email).

4 - Charges

4.1 The Customer agrees to pay all charges for the Service during the Service Order Period in an agreed manner as described within the Service Order agreement. Including, but not limited to - Charges for the Service which are payable in advance, Charges for the Service which are accrued and payable in arrears, Charges for additional requested Services which do not form part of the original Service Order.

4.2 The Customer shall pay subscription charges for the Service to E Business Services by Monthly, Quarterly or Annual payments by means of the payment method agreed in the Service Order.

4.3 Where applicable - Set-up administration fees shall be paid as part of the first payment made by The Customer under the Service Order agreement.

4.4 Payment shall be due on the due date of invoice (unless otherwise arranged).

4.5 Customers wishing to re-connect to the Service after suspension will be charged a re-connection fee of 50, in addition to the Service subscription charges, and any outstanding Service fees.

4.6 Quarterly and Monthly subscribed Service Orders will be renewed automatically until such time that The Customer indicates their intention to cancel in accordance with paragraphs [8.2], [8.3] and [8.4].

4.7 E Business Services may elect to increase the Service charge rate at any time by giving The Customer at least 30 days advance notice of the implementation of such change. Usage of the Service by The Customer after the effective date of the change will constitute acceptance of that change by The Customer.

5 - Obligations

5.1 The Customer agrees that they will not take part in any action that would be detrimental to the services provided by E Business Services, its agents or its customers. 

5.2 It is The Customers responsibility to ensure that they Do Not disclose to any third party their passwords (whether deliberately or by failing to keep them secure). 

5.3 It is The Customers responsibility to ensure that they Change their password frequently and use combinations of Case, Letters, Numbers and Punctuation. E Business Services will modify the Customers password at the Customers request upon suitable proof of identification. The Customer account holder will be notified that this change has occurred.

5.4 It is The Customers responsibility to ensure that they immediately inform E Business Services if they have any reason to believe that the security of their Service has been compromised or that their password has become known or is likely to become known by an unauthorised party. E Business Services will modify the Customers password in an effort to restore the security of the Service environment. The Customer account holder will be notified that this change has occurred.

5.5 It is The Customers responsibility to ensure that they immediately inform E Business Services if their Contact Details have changed.

6 - Guarantee & Refunds

6.1 All E Business Services "Web Hosting" plans are provided with a 30 day, no quibble money-back guarantee. The Customer will be given a full refund of all fees paid for that contract, including set-up fees, but excluding fees paid to third parties (such as Domain Name Registration fees) - if The Customer notifies E Business Services that they do not wish to continue with their Service Order - within the first 30 days of that contract.

6.2 E Business Services maintains provisions to release customers from contract without penalty, in circumstances where The Customer is unduly affected by poor service, incurred as a direct result of failings in the operating practices, services or facilities provided by E Business Services.

6.3 E Business Services maintains provisions to compensate customers by way of refund, in circumstances where The Customer is severely affected by poor service, incurred as a direct result of failings in the operating practices, services or facilities provided by E Business Services.

7 - Enquiries & Complaints Procedure

7.1 If The Customer has any enquiries or complaints relating to the service provided by E Business Services, they should contact us in the first instance and clearly state the nature of the matter. E Business Services will acknowledge the enquiry (within 24 hours), and strive to resolve the matter within 5 working days. If an acceptable resolution cannot be found / or is not deemed to be acceptable by The Customer - E Business Services will endeavour to provide alternative solutions until a mutually acceptable resolution is attained.

8 - Termination

8.1 E Business Services reserves the right to effect the immediate suspension or termination of the Service to The Customer, without liability - in the event that The Customer breaks any of the Terms and Conditions of this agreement. In agreeing to the Terms and Conditions of the contract, The Customer agrees to indemnify E Business Services against all costs and matters arising or resulting from said suspension or termination, and agrees to the immediate payment to E Business Services of any and all outstanding fees relating to the provision of Services for the full term of the Service Order Period - save for any refund as described in paragraphs [8.3.1], [8.3.2] and [8.3.3] for "Web Hosting" and "Email" Services.

8.2 The Customer may cancel or surrender the subscription to the Service at any time by giving E Business Services seven days written notice of their desire to cancel, as described in paragraphs [12.1] and [12.2].

8.3 In the event of cancellation by The Customer, The Customer agrees to the immediate payment to E Business Services of any and all outstanding fees relating to the provision of Services for the full term of the Service Order Period - save for any refund as described in paragraphs [8.3.1], [8.3.2] and [8.3.3] for "Web Hosting" and "Email" Services: 

8.3.1 In the case of subscription to a Monthly Service Order Period: No Refund will be made.

8.3.2 In the case of subscription to a Quarterly Service Order Period: The Customer will be refunded fees equal to one half of the Quarterly subscription Fee - excluding set-up fees and charges for overages, if The Customer has not exceeded 45 days of their Quarterly subscription period. Otherwise No Refund will be made

8.3.3 In the case of subscription to a Annual Service Order Period: The Customer will be refunded fees equal to one half of the Annual subscription Fee - excluding set-up fees and charges for overages, if The Customer has not exceeded 180 days of their Annual subscription period. Otherwise No Refund will be made.

8.4 In circumstances where E Business Services has altered the conditions of Service Order, the Service or the Service charge - The Customer may elect to cancel the Service Order without penalty - within 30 days of the notice of change from E Business Services. In such instances the Customer shall be liable for advance and accrued charges up to the notice expiry date. E Business Services will repay or refund any advance fees that have been paid for the period between the notice expiry date and the Service Order Period end date.

9 - Liability

9.1 E Business Services will operate with the reasonable skill and care of a competent Internet Presence Provider. E Business Services shall not be liable to The Customer, its customers, employees or agents - for any direct, indirect or consequential loss of actual or anticipated - revenue, profits, business, trade or goodwill - that is suffered as a result of the use of the Service provided by E Business Services.

9.2 By accepting the agreement The Customer acknowledges that E Business Services make no warranties whatsoever - expressed or implied for the merchantability or fitness for a particular purpose of the Service provided. In so doing the Customer agrees that it will defend, indemnify, save and hold E Business Services harmless from any and all demands, liabilities, losses, costs and claims asserted against E Business Services, its customers, employees or agents for Services provided, performed or agreed to be performed.

9.3 E Business Services does not accept any responsibility for the use of any Domain Name on the Register of UK or International Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. The Customer is advised to seek legal advice on this matter if they are unsure as to their entitlement to the registration of a particular Domain Name.

9.4 The Domain Registrant (The Customer) is bound by the governing terms found within the Nominet Terms and Conditions of Domain Name Registration for .UK domain names. For all other domain registations The Customer is bound by the Domain Registration Agreement (Exhibit A) and the ICANN Uniform Dispute Resolution Policy .

10 - Restriction of Assignment

10.1 The Customer shall not sell, resell, sub-lease or transfer the Services provided by E Business Services, unless under prior agreement with E Business Services. 

11 - Variation

11.1 Occasionally E Business Services may alter the technical specification of the Services. 

11.2 Occasionally E Business Services may be required to suspend part or all of the Service to The Customer whilst essential upgrades, repairs or maintenance is undertaken.

Customers may subscribe to early notification of these planned changes in service by sending an e-mail to service-news@eBizs.net.

12 - Notices

12.1 Any notice to be given in writing by either party shall be deemed to have been duly served if delivered personally or sent by pre-paid first class post to the postal address of the other party.

Address for Notices

E Business Services Limited
62 St. Mary's Road
Ealing
London
W5 5EX
United Kingdom.

12.2 Written notice may also be served by faxing the E Business Services customer service facility on +44 (0) 845 127 4251. Provided that it is sent on letter headed company paper (where applicable) and signed by The Customer account holder.

12.3 The Customer may provide immediate notification of their desire to cancel by sending an e-mail to customer-notice@eBizs.net, or by telephoning the E Business Services customer service facility on +44 (0) 20 8432 4091. Notice given under these methods will be accepted as notice to cancel - providing written instruction is also received within the seven-day cancellation period.

13 - Applicable Law

13.1 The Terms and Conditions of the agreement between The Customer and E Business Services are governed by English Law and shall be subject to the sole jurisdiction of the English courts.

The Terms and Conditions as set out in this document do not affect your statutory rights.

 

Document Version: EBIZSTAC200808A



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