ElectricNames: Terms and Conditions
These terms and conditions shall apply to the agreement between Business Data International Limited (trading as “ElectricNames”) and, the individual or company applying for the provision of services by ElectricNames (“the Customer”) who should note particularly the limitation of liability set out in clause 6.
IT IS AGREED as follows:
SECTION 1 – GENERAL
this Agreement, the following expressions shall have the following meanings:-
“Confidential Information” information which is identified as confidential
or proprietary by either party or the nature of which is clearly confidential
“Fees” the fees (including any VAT) due for the
provision of the Services as calculated in accordance with the Price List
Material” material that under the laws of any jurisdiction where the material
can be accessed is or may be any of the following:- unlawful, threatening, abusive,
harmful, malicious, obscene, pornographic, malicious, profane, libellous, defamatory,
infringes any Intellectual Property Rights, constitutes or encourages a criminal
offence or contains a virus, worm, trojan horse or other harmful code
Property Rights” copyrights, patents, registered and unregistered design
rights, topography rights, trademarks and service marks and applications for any
of the foregoing, together with all trade secrets, know-how, rights to confidence
and other intellectual and industrial property rights in all parts of the world
text, graphics, images, sound, video or any combination thereof
Server” the computer server equipment operated by ElectricNames in connection
with the provision of the Services
“ElectricNames’s Website” the
Website located at http://www.ElectricNames.com or such other internet address
as may be adopted by ElectricNames from time to time
generally accepted standards of conduct relating to use of the Internet including,
without limitation, not sending unsolicited mass e-mail, not impersonating another
person, and not misrepresenting oneself to have authorisation from another person
when one does not
“Order Form” an order form provided by ElectricNames
as available on ElectricNames’s Website or from ElectricNames by post or fax on
request, and completed by the Customer to indicate which Services it requires
and its agreement to these terms and conditions governing such provision
Legislation” such laws of England and Wales and the Customers country as
relate to data protection and any laws of England and Wales and the Customer’s
country governing Inappropriate Material
“Services” the services
identified on an Order Form to be provided by ElectricNames to the Customer pursuant
to these terms and conditions and any others specified by ElectricNames on such
“Website” a website on the World Wide Web.
PAYMENT AND SERVICES
In consideration for the payment of the Fees calculated correctly
in accordance with the Price List at the time of the completion of an Order Form
by the Customer, ElectricNames agrees to provide the Services.
agrees to make payment for the Services as follows:-
2.1.2 by debit or credit
card payment at the time of making the order if the Customer completes an Order
Form on-line; or
2.1.3 by payment of invoice within 14 days of the invoice
date if the Order Form is submitted by fax or post.
2.2 If the Customer
fails to pay any invoice which is due and payable under this Agreement, ElectricNames
shall be entitled to charge interest on a daily basis on the overdue amount and
on outstanding interest from the date of such failure until payment (both before
and after judgment) at an annual rate of 4% above the base rate of LloydsTSB Bank
plc for the time being in force.
2.3 Non-delivery or non-performance of
services by any third party other than ElectricNames’s sub-contractors shall not
give the Customer any right to delay any payment to ElectricNames or to make any
claim whatsoever against ElectricNames.
2.4 If ElectricNames does not receive
payment in full within 28 days of the date of the invoice, it may terminate this
Agreement as regards any Service requested by the Customer without further obligation
to the Customer.
2.5 For the purposes of this Agreement, time of payment
is of the essence.
3.1 The Customer hereby agrees fully
to indemnify, keep indemnified and hold harmless ElectricNames, its officers,
employees, agents, sub-contractors and affiliated companies from and against any
and all costs, claims, losses, damages or liability (whether civil or criminal)
and expenses (including, but not limited to, legal fees) sustained or incurred
by ElectricNames or its any of its officers, employees, agents, sub-contractors
or affiliated companies directly or indirectly and in any jurisdiction as a result
3.1.1 the provision by ElectricNames to the Customer of any Service hereunder;
3.1.2 any breach by the Customer of any of its warranties contained in
this Agreement ; or
3.1.3 any content material or required mode of operation
supplied or specified by the Customer for any Service; or
3.1.4 any breach
by the Customer of any of its obligations in this Agreement.
The Customer hereby appoints ElectricNames to act on its
behalf in conjunction with the provision of the Services.
The Customer acknowledges
and accepts that to enable ElectricNames properly to provide the Services it must
co-operate with ElectricNames as required by ElectricNames and, without limitation
4.2.1 the Customer must provide ElectricNames with accurate
details of its e-mail and physical addresses and promptly notify ElectricNames
in writing of any alterations thereto from time to time;
4.2.2 the Customer
must obtain the consent of individuals whose personal data are to be held on a
domain name register or are otherwise provided to ElectricNames;
the Customer’s user ID secure so that such ID is only used by the Customer or
those authorised by the Customer;
warrants that it will make reasonable endeavours to ensure that the services are
provided as described in ElectricNames’s Website but because the Services are
provided by means of computer and telecommunication systems ElectricNames makes
no warranties or representations that any Service will be uninterrupted or error-free.
5.2 ElectricNames warrants that it has in place a year 2000 compliance programme
the purpose of which is to ensure the Services are not disrupted by the century
date change. In respect of the Services which do not involve any third party product
service or deliverable, ElectricNames shall make reasonable endeavours to ensure
such Services are not interrupted by the century date change. ElectricNames relies
on third party suppliers to provide uninterrupted Services and to the extent Services
are reliant on third party’s products and services, ElectricNames will endeavour
to procure confirmation from the relevant third parties that their products and
services will not be affected by the century date change or failing receipt of
such confirmation take such steps as are reasonably practical to ensure that the
services are not disrupted by the century date change.
supplies the Services in accordance with this Agreement and to the standards ElectricNames
considers appropriate to the nature of services generally required by its customers,
accordingly to the maximum extent permitted by law, except as expressly stated
in these terms and in so far as required by law where the Customer has dealt as
a consumer (as defined in the UK Unfair Terms in Consumer Contracts Regulations
1994), all implied conditions, warranties and terms (whether express or implied
by statute, common law, custom or otherwise) including, but not limited to, those
relating to the exercise of reasonable care and skill, fitness for purpose and
durability and satisfactory quality (where applicable) are hereby excluded in
relation to each of the Services to be provided.
6. LIMITATION OF LIABILITY
Nothing under these terms limits ElectricNames’s liability for any fraudulent
statement or for personal injury or death caused by ElectricNames’s negligence.
However, the customer ackowledges and takes notice that the services are not appropiate
for use in circumstances where personal injury or death could arise from reliance
on the services whether or not ElectricNames is negligent and that it should satisfy
itself as to the veracity of any statements made by ElectricNames or on ElectricNames’s
The entire liability of ElectricNames, and the customer ‘s sole
and exclusive remedy, arising in respect of any tort, breach of duty (statutory
or otherwise) or breach of this agreement by ElectricNames (and whether or not
by ElectricNames’s negligence) is limited to the fee paid for the service or services
in respect of which the alleged tort or breach has arisen in the period of 12
months preceding the event giving rise to the liability
In no event will
ElectricNames be liable to the customer for any indirect or consequential loss
or damage whatever (without limitation for example loss of business, loss of opportunity,
loss of profits)
Even if ElectricNames has been advised of the possibility
of such loss or damage such advice shall not constitute the loss or damage if
it arises as direct loss or damage.
Any liability of ElectricNames whatever
arising under these terms or otherwise in respect of the service or any product
shall be deemed to end 12 months after the date on which the customer ought reasonably
to have known of the event giving rise to the liability. For the avoidance of
doubt, the customer acknowledges and agrees that no claims or actions by the customer
can be validly made after the expiry of 12 months following such date.
ElectricNames may terminate this Agreement by notice in writing to the Customer
having immediate effect if:
7.1.1 the Customer is in breach of any of its obligations
under this Agreement;
7.1.2 the Customer is a company and a resolution is
passed for its winding up or a petition for its liquidation is presented; or
the Customer is an individual and a petition for bankruptcy is presented against
7.1.4 a receiver or liquidator (where the Customer is a company)
or (where the Customer is an individual) a trustee in bankruptcy is appointed
over it or any of its assets; or
7.1.5 the Customer proposes or enters into
any arrangement or composition with or for its creditors (including any voluntary
7.2 In the event that any of the circumstances identified
in clause 7.1 arises, ElectricNames shall have the option to terminate this Agreement
as regards all Services provided or to be provided or only as regards that Service
or those Services in respect of which the breach is considered by ElectricNames
to have been committed; and
7.3 In the event that any of the circumstances
identified in clause 7.1 arises, ElectricNames shall be entitled to retain any
sums paid to it by the Customer hereunder and recover any sums due to it pursuant
hereto whether invoiced or not at the date of termination.
7.4 Either party
may terminate this Agreement on one month’s written notice served in accordance
with clause 9.6 (Notices).
8.1 Each of the parties
agrees (subject to clauses 8.2 and 8.3) not to:
8.1.1 disclose any Confidential
Information received from the other party; or
8.1.2 make any use of any
such Confidential Information other than for the purposes of performance of this
8.2 Each party may disclose Confidential Information received
from the other to its responsible employees, consultants, sub-contractors or suppliers
who need to receive the information in the course of performance of this Agreement.
The confidentiality obligations under clause 8.1 shall not apply to any information
8.3.1 is or subsequently becomes available to the general public
other than through a breach by the receiving party; or
8.3.2 is already
known to the receiving party before disclosure by the disclosing party;
is developed through the independent efforts of the receiving party; or
the receiving party rightfully receives from a third party without restriction
as to use.
9.1 Subject to clause 9.2, this written Agreement
together with the Order Form(s), constitutes the entire agreement between the
parties hereto relating to the subject matter hereof and save in respect of fraudulent
statements supersedes all prior agreements, arrangements, understandings and representations
(whether oral, written or otherwise) made by or between the parties and each party
acknowledges that it has not relied on any representation made by the other party
unless such representation is expressly included herein.
9.2 No change,
alteration or modification to this Agreement shall be valid unless in writing
referencing this Agreement and signed by the Customer and ElectricNames.
If any provision of this Agreement or part thereof shall be void for whatever
reason, the offending words shall be deemed deleted and the remaining provisions
shall continue in full force and effect.
9.4 The rights and obligations
of the Customer under this Agreement are personal to the Customer and the Customer
undertakes that it shall not nor purport to: assign, lease, charge, sub-license,
or otherwise transfer such rights and obligations in whole or in part.
ElectricNames reserves the right to sub-contract any of the work required to fulfil
its obligations hereunder.
9.6 All notices which are required to be given
under this Agreement shall be in writing and shall be sent to the address of the
recipient set out on the front page of this Agreement or such other address or
electronic mail address as the recipient may designate by notice given in accordance
with this clause. Any such notice may be delivered personally, by first class
pre-paid letter by facsimile transmission or electronic mail and shall be deemed
to have been received:-
by hand delivery – at the time of delivery provided
that it is handed over to a senior employee or officer of the recipient company,
first class registered post – 48 hours after the date of mailing in the United
by facsimile – on receipt of telephone confirmation of receipt
from the intended recipient, or
by electronic mail – on receipt of telephone
confirmation of receipt from the intended recipient.
9.7 Neither party shall
be liable for any loss suffered by the other party or be deemed to be in default
for any delays or failures in performance hereunder (other than in relation to
payment) resulting from acts or causes beyond its reasonable control or from any
acts of God, acts or regulations of any governmental or supra-national authority.
Any delay or forbearance by either party in enforcing any provisions of this Agreement
or any of its rights hereunder shall not be construed as a waiver of such provision
or right thereafter to enforce the same.
9.9 Clause headings have been included
in this Agreement for convenience only and shall not be considered part of, or
be used in interpreting, this Agreement.
9.10 This Agreement shall be governed
by the laws of England and the parties submit to the exclusive jurisdiction of
the Courts of England and Wales.
SECTION 2 – DOMAIN NAME REGISTRATION
Together with the terms of Section 1 above, the terms set out in this Section
2 identify the extent of the domain name registration services provided by ElectricNames
and the Customer’s obligations in relation thereto.
11. The Customer recognises
and accepts that:-
11.1 While ElectricNames will make reasonable endeavours
to achieve a successful registration and keep the Customer notified of the progress
of the registration application, because of the nature of the registration process,
ElectricNames reserves the right to reject any request by a Customer to register
any particular domain name or to discontinue processing such a request if ElectricNames
considers such application might expose ElectricNames to legal or other proceedings.
11.2 Subject to clause 2 and clause 13, the extent of ElectricNames’s service
in relation to the registration of domain names is:-
11.2.1 to forward the
Customer’s application to the appropriate Registry;
11.2.2 to provide administrative
support in securing the registration;
11.2.3 to notify reasonably promptly
the Customer of the outcome of the application;
11.2.4 in the event of re-registration,
to endeavour to notify the Customer of the renewal date for such re-registration
and only to complete such renewal on payment by the Customer of the renewal fees.
11.3 Subject to ElectricNames using reasonable endeavours to notify the
Customer prior to the domain name registration renewal date(s) by fax, email or
post at the addresses or number most recently provided by the Customer pursuant
to clause 4.2.1, ElectricNames accepts no responsibility for the Customer’s use
or retention of a domain name once registered
11.4 Without prejudice to
clause 6 above, ElectricNames shall not be liable to the customer for any direct,
indirect or consequential loss, damage cost or expense including without limitation
any loss of profit, business or anticipated savings suffered by customer on account
of a failure to obtain or loss of a domain name;
11.5 Domain name registries
retain the right at their discretion to register or refuse to register a domain
name applied for by ElectricNames on behalf of the Customer therefore without
prejudice to clause 5 above, ElectricNames makes no warranty or representation
of any kind in relation to the likelihood or otherwise of a particular domain
name application being successful;
11.6 The Customer’s use of the domain
name once registered may be challenged by a third party; if so, or if any other
dispute arises the procedures laid down by the relevant registry will apply and
these may include the suspension or revocation of a Customer’s application for
a domain name or the registration of a domain name allocated to the Customer and
unless otherwise agreed by the parties in writing signed by an officer of ElectricNames,
ElectricNames will have no responsibility or involvement in relation thereto;
It is the Customer’s responsibility to pay any and all renewal charges to the
relevant registry in respect of each domain name registered by ElectricNames on
the Customer’s behalf;
11.8 As is common domain name registration practice,
domain names are registered on a first come, first served basis;
registration of a domain name does not confer any legal rights to a name or its
use and any disputes between the Customer and a third party are to be settled
using normal legal methods. The Customer agrees that ElectricNames will not be
drawn into any such argument or dispute in any circumstances unless otherwise
agreed by the parties in writing signed by an officer of ElectricNames;
An application for the registration of a domain name cannot be treated as having
been successful until the Customer is issued with a “Registration Certificate”
from the relevant registry. The Customer agrees not to take any action in respect
of a requested domain name until such a certificate has been issued to the Customer.
12. The Customer warrants to ElectricNames that:-
12.1 all information
provided by the Customer to ElectricNames is true and correct, and that any additions
or alterations thereto in the future will also be true and correct;
it has the legal right to apply for and use the domain name(s) as a Website address;
12.3 the domain name(s) and its use as a Website address does not and
will not infringe the Intellectual Property Rights or any other rights of a third
13.1 The Customer acknowledges:
13.1.1 that the application
process, registration and subsequent use of any domain name is subject to the
then current terms and conditions and policies of the relevant registry and the
Customer agrees to abide by all such rules and policies; and
the Customer undertakes to read those terms and conditions and policies before
applying for a domain name (copies are generally available from the relevant registry’s
Website and are available from ElectricNames by fax or post on request) and to
comply with them.
13.2 If the Customer’s application for a particular domain
name is rejected, ElectricNames will return to the Customer any payments received
in respect of that application less a thirty pounds sterling administration fee
provided that the Customer has not breached its obligations in this Agreement.
If the customer wishes to change the “tag” or registrar of a domain name to another
domain name registration company there is a £25 charge for this. There is
only a charge of £10 to change the dns entries for a domain that has the
same effect except that you will continue to be billed on an annual basis for
the registry fees. Please discus with ElectricNames before taking any action along
RENEWAL OF DOMAINS
13.4 If the the customer fails
to pay ElectricNames the renewal fee at least 72 hours, not including the weekends,
for a domain name prior to the renewal date, whether such fee is demanded or not,
and as a result their service is suspended in anyway by nominet or any ICANNpartner
Electric Names cannot be held liable for any loss. In the event of a successful
renewal after the expiry date there will be a fee. The fee for the reactivation
of a .com name will be £50 and for a .co.uk £20.
13.5 ELECTRICNAMES will endeavour to contact the customer about the renewal of a
domain prior to the expiry date via post and email using the following schedule
- Email and Postal reminder 30 days before expiry
- Email reminder 14 days before expiry
- Email reminder 7 days before expiry
- Email reminder 1 day before expiry
It is the responsibility of the customer to contact ELECTRICNAMES if they want
to renew a domain. If the customer has not updated ELECTRICNAMES of new contact
details or has not responded we cannot be held responsible for the subsequent
deletion of the name.
Pricing of Renewals – For .com domains renewed
less than 3 weeks prior to expiry will be liable to a £20 additional charge.
An invoice will be sent out 5 weeks prior to renewal.
SECTION 3 – WEBSITE
14. Together with the terms of Section 1 above, the terms set out
in this Section 3 identify the extent of the Website hosting services provided
by ElectricNames and the Customer’s obligations in relation thereto.
Customer will provide and post to ElectricNames’s server hosting the Customer’s
Website only Material which is “server-ready” and which requires no additional
manipulation on the part of ElectricNames. ElectricNames shall be under no obligation
to validate such Material as not containing Inappropriate Material or for content,
correctness, legality or usability.
16. The Customer recognises that using
ElectricNames’s Website hosting Service requires a certain level of knowledge
on the Customer’s or its web development agency’s part, without limitation for
example knowledge of hyper text mark up language or file transfer protocol and
other protocols, languages and software, and that it is the Customer’s or its
web development agency’s responsibility to upload the content of the Customer’s
Website and to check such content functions satisfactorily. If requested by the
Customer, ElectricNames may be able to recommend a suitable web development agency
to assist the Customer to exploit its Website hosted by ElectricNames’s Server.
17. The Customer warrants that it has the necessary knowledge referred
to in clause 15 above and acknowledges that whilst ElectricNames may endeavour
to assist the Customer on a “good-will” basis, it is not the responsibility
of ElectricNames to provide such knowledge or to provide the Customer with support
and assistance in relation to its Website hosted by ElectricNames’s Server unless
otherwise agreed in writing with ElectricNames.
18. The Customer acknowledges
and accepts that it bears sole responsibility, legal and otherwise, for the content
of all Material appearing on its Website hosted by ElectricNames’s Server. For
the avoidance of doubt, this clause shall apply to all Material, whether posted
on to the ElectricNames server by or on behalf of the Customer, whether by ElectricNames
or a third party.
19. The Customer warrants, represents and undertakes in
relation to all Material (including any Material which it requests ElectricNames
or any third party to post on its Website hosted by ElectricNames’s Server) that:
it is not Inappropriate Material;
19.2 the Customer either has sole ownership
of all Intellectual Property Rights in such Material in each jurisdiction from
which the Website may be accessed and/or has obtained full and effective licence(s)
from all relevant third parties allowing the Customer or a third party acting
on behalf of the Customer to use the Material and to permit its dissemination
20. The Customer undertakes not to link to any Inappropriate
Material from its Website.
21. ElectricNames shall retain the right at all
times to refuse to host any Material and to suspend availability of the Website
and/or to remove any Material already appearing on the Website which in the opinion
21.1 constitutes or would if posted constitute Inappropriate
21.2 breaches or would if posted breach Relevant Legislation or
any other applicable regulations, standards or codes of practice (notwithstanding
that compliance may not be compulsory); and/or
21.3 harms or would if posted
harm the reputation of ElectricNames in any way.
22. ElectricNames’s rights
to suspend availability of the Customer’s Website and/or remove content under
clause 21 above shall be without prejudice to the Customer’s sole responsibility
for content of the Website under clause 18 and to the warranties given by the
Customer relating to that content in clause 19.
23. Hosting of Material
by ElectricNames on the Customer’s Website shall not under any circumstances constitute
a waiver of any of its rights in relation to such Material or of its rights in
relation to any breach of the Customer’s obligations under this Agreement.
The Customer undertakes:
24.1 to fully virus-check all data supplied to
ElectricNames pursuant to this Agreement;
24.2 not to embark on any course
of action, whether by use of its Website or any other means, which may cause a
disproportionate level of Website activity without providing at least seven day’s
prior notice in writing to ElectricNames;
24.3 to keep secure from third
parties any passwords issued to the Customer by ElectricNames in connection herewith;
to observe the limitations on data transfer notified to it by ElectricNames and
agree, if such limits are exceeded, to pay the appropriate excess charge at ElectricNames’s
then current rates.
SECTION 4 – E-MAIL SERVICES (including e-mail forwarding)
Together with the terms of Section 1 above, the terms set out in this Section
4 identify the extent of the e-mail services provided by ElectricNames and the
Customer’s obligations in relation thereto.
26. The Customer undertakes that
it will not (and will ensure that others under its control will not) via e-mail:
transmit Inappropriate Material;
26.2 infringe the Intellectual Property
Rights of any third party;
26.3 contravene Netiquette;
use of ElectricNames’s Server to an extent or in a manner which in ElectricNames’s
reasonable opinion is excessive, wasteful or otherwise to the detriment of ElectricNames,
any of ElectricNames’s customers or any other third party, including but not limited
26.4.1 the transmission of bulk e-mail (“spamming”); or
27. When sending e-mail, the Customer acknowledges that it
is responsible for complying with any Relevant Legislation.
28. The Customer
acknowledges and agrees that ElectricNames is not responsible for the security
of the contents of e-mail sent or received by the Customer.
will use its reasonable endeavours to ensure that messages are routed accurately
and promptly but does not accept any liability for non-receipt, non-delivery or
misrouting of e-mail or any other failure of the e-mail system.
policy is to respect the privacy of e-mail messages sent, received forwarded or
otherwise dealt with by it and the Customer acknowledges that ElectricNames will
therefore not monitor, edit or disclose the contents of such messages unless required
to do so by law or competent authority or to protect ElectricNames’s rights and/or
SECTION 5 – CUSTOMER’S COMPUTER SERVER HOUSING
with the terms of Section 1 and Section 3 above, the terms set out in this Section
5 identify the extent of the housing of the Customer’s computer server(s) provided
by ElectricNames and the Customer’s obligations in relation thereto.
32.1 provide adequate storage space for one standard size server
(7u) to house the Customer’s computer server(s) in ElectricNames’s air-conditioned
provide 3 hours of support and assistance in installing
the Customer’s computer server(s);
32.3 on notice of not less than 48 hours
make the Customer’s computer server(s) accessible to the Customer for two one hour sessions during 10 am to 4 pm Monday to Friday on English working days per week;
provide an uninteruptible power source to connect to the Customer’s
provide an internet protocol address for the Customer’s Website hosted by the Customer’s computer server(s) housed by ElectricNames;
provide a 10 Mb per second ethernet connection to ElectricNames’s local area network which in turn connects to ElectricNames’s internet service providers
Without prejudice to the provisions of clause 6 above, ElectricNames accepts no
direct, indirect or consequential liability whatsoever in respect of loss or damage
to the customer’s computer server(s) whilst housed by ElectricNames or any loss
or damage to the customer’s business resulting therefrom and the customer agrees
that it is its own responsibility to take out and maintain appropriate insurance.
Nominet: Terms and Conditions
These terms and conditions shall apply to the agreement between Nominet, the administers of the .co.uk domain and , the individual or company applying for the provision of services via their Agent ElectricNames. These conditions are separate from those below
We take the enforcement of all terms and conditions seriously, and we aim to run a clean network which operates on fair principles. We also investigate all reports of abuse. If you encounter something you think might constitute abuse which you believe has come from our network or systems, please email [email protected].