These Terms and Conditions apply to all services described in this document are subject to change without notice. Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund. All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.
DEFINITIONS AND INTERPRETATIONS
Capital Hosting, also trading as Jamie Gorst. Office is at 9 Trearddur Court, Trearddur Bay, Holyhead LL65 2TW.
CONTRACT OF SERVICE
1. All prices quoted are subject to change only with the client’s approval.
2. Each page is built in standard HTML format as specified at http://www.w3.org.
4. All textual content to be provided by the customer via email or other media format, unless provided.
5. CapitalHosting cannot guarantee the amount of traffic that will be generated through any website we have created.
6. On completion of work and acceptance by the customer payment must be received within 14 working days.
7. CapitalHosting reserves the right of ownership on all work until payment is received in full.
8. The contract period shall be for the whole term of fees paid by the Customer until the expiry of the valid domain name period usually two years from the date of registration. 14 days notice of cancellation must be received in writing, prior to the renewal date of a domain name or any other products.
9. CapitalHosting may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
10. From time to time parts of the CapitalHosting network may be taken off-line for repair or routine maintenance. CapitalHosting will endeavor to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Acts of God, inclement weather, act of telephone or Governmental organizations or power failure.
IMPROPER USE AND LIABITLIES
1. The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trade mark or Copyright). This extends to violations due to any spamming and or bulk email activity for which CapitalHosting can and will follow up in the Courts of Law.
2. The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the CapitalHosting Network and beyond and shall not attempt any intentional and malicious damage to the CapitalHosting Network or use the Service to affect other computers.
3. It is the Customer's responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.
4. The Customer will notify CapitalHosting immediately by telephone or e-mail in any event of a username or password becoming known to a third party.
5. The Customer hereby indemnifies CapitalHosting or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.
6. The Customer shall notify CapitalHosting of any action taken against them by a third party and will not hold CapitalHosting liable for any resulting costs.
7. The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.
8. The Customer acknowledges that CapitalHosting cannot exercise control over the content of information passed across the Internet and via the Service.
9. The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.
1. The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by CapitalHosting.
1. The Customer has the right to withdraw from or cancel their Service Agreement with CapitalHosting within the first 72hrs of any new agreement. Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.
2. Domain transfer requests - provided all details are correct and procedures followed by the customer - should be carried out by CapitalHosting within 144hrs of receiving the customer's email assuming also all outstanding invoices/balances have been settled by the customer with CapitalHosting. In the event of a customer wishing to transfer the IPS tag relating to their domain name to another Internet Service Provider (ISP), a small transfer charge equal to a quarter of the current annual hosting charge will become payable.
DOMAIN NAME AGREEMENT
1. CapitalHosting will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.
2. By registering a name you agree to keep CapitalHosting and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release CapitalHosting and its associated companies should any such situation arise.
3. Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by CapitalHosting.
4. CapitalHosting shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.
5. CapitalHosting reserves the right not to register or assign any domain name for whatever reason.
6. CapitalHosting reserves the right to delete or suspend any domain name if payments have been defaulted upon and may at its discretion levy admin charges in reestablishing any domain or service thereof.
7. CapitalHosting reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered providing at least 28 days notice via its website of any cost or service changes.
GENERAL TERMS AND LAW
1. CapitalHosting reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works.
2. If CapitalHosting suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.
3. This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the CapitalHosting service.
4. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and CapitalHosting as a result of your use of CapitalHosting. You agree not to hold yourself out as a representative, agent or employee of CapitalHosting. You agree that CapitalHosting will not be liable by reason of any representation, act or omission to act by you.
5. Each respective Registry (i.e. Nominet, InterNic etc...) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. CapitalHosting cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over of any domain assigned by any Registry.
Refunds are at the discretion of the management.