W3 Systems - Terms of Service

This policy is subject to change and it is your responsibility to check the policy regularly for updates. The General Terms of Service together with any Specific Terms and Conditions of Service and/or agreements form the Agreement between You and Us.

These General Terms of Service together with any Specific Terms for your Services and the Acceptable Use Policy form the Agreement between You and Us. If any of these General Terms & Conditions are inconsistent with any Specific Terms and Conditions for your Services, then the Specific Terms & Conditions shall prevail.

By ordering a Service you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and using the payment details of that person and that they also agree to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

Age Condition

You certify that by purchasing any of our products from this website that you are 18 years or older.

1. Commencement of this Agreement

This Agreement will commence when we provide You with email confirmation of your Order.

2. Supply of Services

We agree to supply the Services to You in accordance with the terms set out in this Agreement.
We will endeavour to supply the Services to You as soon as reasonably practicable and in the event that we become aware of any reason for delay we shall notify You.

3. Duration and Renewal of Services

Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for the billing period You chose on sign up.

4. Cancellation

When entering into this Agreement as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations") applies. In accordance with the Regulations we must not commence the supply of our Services to You for a period ending 14 days after your order is accepted by Us, unless You expressly agree for Us to commence service sooner.
Please note that by signing up for our Services You expressly agree to us commencing supply of your Services before the cancellation period has expired. As a result, You will not have the right to cancel this Agreement under the Regulations.
For the avoidance of doubt, if You use the Services in the course of business, You will be treated as a non-consumer and statutory consumer protection will not apply to this Agreement.
You are entitled to cancel the Services by contacting Us no less than 1 working day prior to the renewal date for your Services. Any request to cancel the Services will be actioned at the end of the current billing period. Once your cancellation request has been accepted You will be provided with confirmation of cancellation. Cancellation requests will not be deemed to have been received and accepted until we have issued our confirmation to You.
We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of this Agreement.

5. Registration of Domain Name(s)

We do not accept responsibility nor do We make any warranty that the domain name(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will We be liable for any costs the Customer incurred if the application for Registration is unsuccessful. We do 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.
Upon successful Registration We 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.
All Domain Name Registrations are subject to the Registrant Agreement and any relevant 3rd Party terms as detailed in the 3rd Party Domain Terms section.
Notwithstanding Clause 5.2, the Company reserves the right to suspend or to cancel any application for Registration or refuse to host a domain name(s) in the circumstances set out in Clause 4.5 of this Agreement.
Once we fulfil your domain order we shall notify you of the successful registration of the domain name(s). We will host your domain name(s) for the initial pre-paid registration/billing periods and for all future registration/billing periods. Unless terminated at the end of each registration period your domain name will automatically renew for an additional registration period and you further authorise Us to debit your account for the renewal fees associated with such renewal registration period and any related fees or charges. Your account will be automatically charged at the beginning of each registration/billing cycle, for the entire cycle.
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 and for .com, .net, .org, .info, .biz and .name domains in accordance with the UDRP, which may impose restrictions on the termination or transfer of the domain name(s) with its current host during or pending the settlement of such a dispute. Any disputes must be referred to the compliance department at compliance@w3systems.co.uk.
The Customer shall be permitted to transfer his domain name(s) to another host other than the Company upon termination of this Agreement in accordance with Clause 4.
The Customer agrees and accepts that for reasons of security the Company will apply a transfer lock to protect the transfer of a domain name. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain which has been applied for by third parties.
You acknowledge and agree that We may, upon registration of your domain name, associate any data of any kind, in Our sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by Us, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 webpages.

6. Payments & Renewals

Renewal invoices for services are generated 30 days before their due date and sent to your registered email address. It is your responsibility to keep your registered email address up to date and ensure our emails can be received by you.
Renewal invoices for domain names are generated and sent by email 60, 30 and 15 days before the domain name expires.
It is important that we receive your payment on time. All invoices must be settled in full by the due date shown. Failure to make a payment in time will result in an automatic reminder that the invoice is overdue. If the invoice remains unpaid for 7 days, the account will automatically be suspended.
Domain names will expire on the day after their expiry date. After expiry, some domain names will no longer resolve and your web site and email will no longer work. To avoid any disruption to service, it is recommended that domain names are renewed in good time before expiry.
Unless otherwise stated, all payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.
We may, from time to time, change our prices. If this happens, we will notify you. If you have existing service, the price alteration will come into affect when the service is renewed.
You are lawfully authorised to make a payment using the method you have chosen. If you are not the named account/card holder, then by agreeing to our terms and conditions, you are also confirming the named account/card holder has also read and accepted our terms.
You hereby indemnify Us in the event that the named account/card holder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If you attempt a chargeback or dispute a transaction with your bank, we reserve the right to suspend all services provided to you with immediate effect. Services will remain suspended until such time as the chargeback has been fully reversed in our favour.

Contact

If you have any questions about these Terms, please contact us:

hello@w3systems.net

+44 20 8133 2225

4 Rayleigh Rise, South Croydon CR2 7AN

The Acceptable Usage Policy sets out the rules for using our hosting, email and related services. Breach of this policy may result in suspension or termination of your account.

Zero Tolerance towards Abuse

You are responsible for all scripts, programs, data and other objects/media on your account. Furthermore you are responsible for any messages and data sent by scripts or programs on your account.

We define abusive scripts as those that:

interfere with our systems and/or accounts belonging to other customers
cause harm to any computer system
engage in malicious or fraudulent activity

Any account found to be hosting an abusive script will be immediately suspended and investigated. We will always notify customers and if appropriate, fully co-operate with the authorities.

You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright, confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

General Acceptable Use

All content uploaded to your hosting service must conform to UK law. It is Your responsibility to ensure this.
You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email ("spam").
You are prohibited from running "port scanning" or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except where the remote user has given express permission.
You must take all reasonable steps to ensure that your password and login credentials remain confidential.
Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
Sites must not contain hateful material or content which seeks to incite hate.
Sites must not contain unlawful pornography or content deemed distasteful at our sole discretion.
Sites must not contain "warez", copyrighted music/videos or links to such content.
Sites must conform to UK copyright law.

Web Usage

Web usage policies apply to hosting space We provide to You. You agree:

To take full responsibility of all content hosted on your account(s).
To ensure all material on your hosting space was created by you or you have permission to use it.
To take full responsibility of any dispute about infringement of copyright or intellectual property rights associated with your web site.
Not to promote or distribute any material that is illegal in the UK.

Email Usage

W3 Systems operates a zero-tolerance policy on spam and sending of unsolicited bulk emails is prohibited at all times. Customers who abuse our email service will receive a notice of the abuse and their account may be terminated or suspended.

Domain Registrant Agreement

1. General

This Agreement outlines the terms and conditions with which you ("Registrant", "You", "Your") register, renew, transfer and manage domain names with W3 Systems ("Registrar", "Us", "We").
These terms are in addition to our general terms and conditions of service and relate to the registration, renewal and management of domain names with Us.
You agree to be bound by these terms as well as our general terms and all relevant 3rd party terms when registering domains with Us.
We reserve the right to update and/or amend these terms at any time, without notice. Any changes will be published on our website. Your continued use of your domain name will constitute your acceptance of this Agreement. If you do not agree with any change in this agreement you may request that your domain registration be cancelled or transferred to a different registrar.
This agreement shall be binding for the duration of the domain name registration period. Renewal of your domain signifies your continued acceptance of these terms. Should the domain be successfully transferred to another registrar, or deleted, the Registrant Agreement shall cease.
In the event that the general terms and conditions are inconsistent with any provisions in this agreement, this agreement shall prevail.

2. 3rd Party Terms

Terms and conditions will be imposed by third parties such as registries and governing bodies (such as ICANN).
You will also be bound by any additional relevant 3rd party terms; you can find details of domain name specific 3rd Party Terms in the 3rd Party Domain Terms section.
Relevant third party terms form part of this agreement and you agree to be bound by them.
In the event that this agreement is inconsistent with any provision of the 3rd party terms, the 3rd party terms shall prevail.

3. Your Obligations

Domain names registered with us:
1. will not be used for any unlawful purpose.
2. will not be registered in bad faith, or otherwise be considered an abusive registration under the Registry, ICANN or our dispute policies or procedure.
3. will not infringe on the legal rights of any 3rd party.
At time of registration, you will provide:
1. The domain name being registered.
2. Your name, company name, postal address, email address and telephone number for registrant, billing, administration and technical contacts for this domain name.
3. Any other information required for the domain registration.
You will ensure that all information held remains accurate and any change of details are submitted to us in a timely fashion.
Willful provision of false, inaccurate, incomplete, unreliable or misleading information, failure to correct inaccurate information or failure to respond to a registrar enquiry within 15 days will constitute a breach of the registrant agreement. Your domain name will be suspended or deleted without refund or compensation.
It is your sole responsibility to protect the security of your access credentials to our system(s) from any unauthorized use. Under no circumstances shall we be held liable for the unauthorized use or misuse of your access credentials.
We cannot guarantee availability of your chosen domain name, even if it appears to be available at time of search.
You will accept liability for any harm caused by wrongful use of this domain name.

4. WHOIS

Domain registration information you provide will be made available to relevant registry and ICANN.
Your domain registration information will also be made publicly available for access via the WHOIS or similar service. If privacy protection is purchased with a domain name (where available), your details will not be publicly available.
If the domain name is provided for use to a third party, you, the domain name holder shall still be held responsible for compliance with these terms.

5. Domain Expiry

If a domain name is not renewed by the expiry date it will be considered expired and normally stop resolving. This means any website on this domain name will no longer work and any emails sent to users at this domain name will not be delivered.
If we are not able to successfully take payment via a stored payment method or you fail to manually renew the domain name before the expiry date, the domain name will expire and not be renewed.
We will send you an email reminder to remind you that a domain is about to expire and it is your responsibility to ensure your contact email is kept up to date for reminders to be delivered.
We may, at our discretion, renew a domain name and change the associated nameservers if it is not renewed before the due date.
We may elect to assume ownership of a domain name if it is not renewed within the grace period. We will renew, auction, sell or transfer the domain name at our discretion.
If we elect to renew the registration, you will be entitled to the standard renewal grace period and redemption period as outlined in these terms.
During the renewal grace period we may revise the WHOIS information to include our details or display a parking page. The name may also be listed for auction or as for sale.
We will endeavour to ensure domain renewals are processed promptly, however, we make no guarantee that attempted renewals will be successful. It is your responsibility to check their domain has been renewed successfully using the WHOIS service.
We are able to successfully take payment for the renewal from your stored payment method.
The expiry procedures and recovery processes vary between registries; the procedure for gTLD domains (.com, .org, .net, .info, .mobi, .biz) are as follows:
1. If not renewed, for 16 days after expiry the domain name will be in the "Renewal grace period". During this period the name can be renewed for the standard renewal fee.
2. For the 30 days after the grace period, the domain will be in the "Redemption Period". We can usually (but not always) recover domain names from the redemption period.
3. Redemption fees are high and you are advised to renew required names before they enter the redemption period.
4. For the 5 days following the redemption period, the domain will enter the "Pending Delete" status. Domains cannot be recovered at this stage.
5. Following the pending delete stage, the domain name will be deleted from the registry and become available for registration.

6. Domain Renewal

Domain names due for renewal will be automatically renewed by W3 Systems subject to the following conditions:
1. Auto-renew is enabled for the domain name.
2. You have not notified us at least 45 days before the expiry date that you do not wish to renew the domain.
It may be possible to recover a domain name after it has expired depending on the relevant registries policy.

7. Transfer

The person named as Registrant on the WHOIS shall be the registered domain name holder. The person named as the administrative contact shall have full authority to manage the domain.
Prior to transferring ownership of your domain name to another person, they will be required to agree to be bound by our terms and conditions.

8. Cancellation

If you do not want to renew your domain name, you must disable auto-renew at least one day before the renewal due date. This can be done via the control panel.

9. Disputes

Occasionally domain names may become the subject of a legal dispute. In the event that a dispute arises, you shall indemnify and hold W3 Systems Ltd, employees, directors, ICANN and the applicable Registry Operator harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of, or related to, the domain name registration.
In the event that we are threatened with legal action, or at our sole discretion believe that legal action is likely to be brought, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
If W3 Systems is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion:
1. suspend your ability to manage, update, or transfer your registration records and/or
2. provide control of your domain name registration with the appropriate judicial entity.
Registration or reservation of your chosen domain name does not guarantee immunity from objection to the registration, reservation or use of the domain under registry dispute policy and/or applicable law.
You agree that should the registration of your domain name be challenged by a third party, you will be subject to the provisions specified in the dispute policy of the applicable registry.
This agreement shall be governed by, interpreted and enforced in accordance with the laws of the United Kingdom. Any action relating to this agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of such courts.

Domain names are subject to the registration terms and conditions set by Us and usually those set by the registry that issues the domain name. Please contact us if you have any queries about which terms and conditions apply to you.

Registry Terms by TLD

.com, .net, .org, .info, .biz, .me: ICANN UDRP policies apply
.co.uk, .org.uk, .uk: Nominet UK terms apply
.uk.com, .gb.com, .eu.com, .uk.net, .gb.net: CentralNic terms apply

For questions about domain registration terms, contact us at hello@w3systems.net.