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General Terms & Conditions

Legal Statements

Please read these terms & conditions, before the placing of any order with eSterling Limited, either in writing or verbally (eSterling Limited will accept a verbal order from a representative of a client in good faith). All orders placed on eSterling Limited are subject to all of the following Terms and Conditions, which do not affect your statutory rights under UK law.

1) SERVICE OBLIGATION

1.1 eSterling Limited will use reasonable endeavours to ensure a prompt and continuing service as described in the specification (“the Service”) but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of eSterling Limited, or by errors or omissions of the Customer. eSterling Limited specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.

1.2 eSterling Limited will not be held liable for indirect, economic or consequential loss whatsoever.

1.3 The liability of eSterling Limited in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).

1.4 Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.

1.5 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.

2) CONTRACT OF SERVICE

2.1 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.

2.2 eSterling Limited may elect to suspend or terminate the Service immediately on any default of payment by the Customer.

2.3 From time to time parts of the eSterling Limited network may be taken offline for repair or routine maintenance. eSterling Limited will endeavour 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 Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

3) IMPROPER USE AND LIABILITIES

3.1 The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall comply with the Acceptable Use Policy (“AUP”) , available on request, which shall be considered as an integral part of this agreement. eSterling Limited reserves the right to revise the AUP from time to time.

3.2 The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the eSterling Limited Network and beyond and shall not attempt any intentional and malicious damage to the eSterling Limited Network or use the Service to affect other computers.

3.3 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.

3.4 The Customer will notify eSterling Limited immediately by telephone or e-mail in any event of a username or password becoming known to a third party.

3.5 The Customer hereby indemnifies eSterling Limited or its trading concerns against any action taken by a third party resulting from the Customer’s use of the Service.

3.6 The Customer shall notify eSterling Limited of any action taken against them by a third party and will not hold eSterling Limited liable for any resulting costs.

3.7 The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.

3.8 The Customer acknowledges that eSterling Limited cannot exercise control over the content of information passed across the Internet and via the Service.

3.9 The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.

4) SUBLEASE/RE-SELLING RESTRICTIONS

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 eSterling Limited.

5) SERVICE AGREEMENT

5.1 The Customer has the right to withdraw from or cancel their Service Agreement with eSterling Limited at any time giving no less than 72hrs notice. Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.

5.2 Domain transfer requests – provided all details are correct and procedures followed by the customer – should be carried out by eSterling Limited within 5 working days of receiving the customer’s email and the settlement of all outstanding invoices/balances and including the Domain Name transfer administration fee of £75.00 + VAT per domain name. Domain names transfers, either to an external company or to another company within the Client’s Group, incurs the Domain Name transfer administration charge. Non payment of the transfer administration fee, or any outstanding debt will mean the refusal of any Tag change request.

6) DOMAIN NAME AGREEMENT

6.1 eSterling Limited 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, at least 45 days prior to any registration or renewal date.

6.2 By registering a name you agree to keep eSterling Limited 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 eSterling Limited and its associated companies should any such situation arise.

6.3 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 eSterling Limited. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions (Nominet Terms and Conditions) This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

6.4 eSterling Limited shall not be liable for any indirect, incidental or consequential damages, including loss of income, data, or information in the event of any failure to procure or renew any Domain Name, for whatever reason, either within, or outside the control of eSterling Limited, or any of their employees. Any refund relating to any failure will be limited to the amount of any charges made by eSterling Limited for that service

6.5 eSterling Limited reserves the right not to register or assign any domain name for whatever reason.

6.6 eSterling Limited reserves the right to delete, suspend or re-assign any domain name if payments have been defaulted upon and may at its discretion levy admin charges in re-establishing any domain or service thereof.

6.7 eSterling Limited reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered by notice via its website of any cost or service changes.

7) GENERAL TERMS AND LAW

7.1 eSterling Limited reserves the right to carry out normal server system housekeeping such as creating back-ups etc:

7.2 If eSterling Limited suspect Illegal Activity, we may notify the authorities and reserve the right to carry out any necessary work on the system which our lawyers advise us to do in the protection of the system.

7.3 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 eSterling Limited service.

7.4 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and eSterling Limited as a result of your use of eSterling Limited. You agree not to hold yourself out as a representative, agent or employee of eSterling Limited. You agree that eSterling Limited will not be liable by reason of any representation, act or omission to act by you.

7.5 Each respective Registry (ie 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. eSterling Limited 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.

These Terms & Conditions are effective from 1/1/2000

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