FULL TERMS AND CONDITIONS
Design Technology Ltd trades as, Transcom, Transcom ISP and Servair, and for the purpose of this document, references to Transcom or any other trading name used, relates to the parent company Design Technology Ltd and should be read as such.
1.1 DOMAIN REGISTRATIONS
1.2 All domain registrations legal title resides with the purchaser from initial date of registration and continues unless the purchaser defaults in payment.
1.3 Any .uk domain registered by Transcom ISP on behalf of the purchaser is fully inclusive of all annual registrar fees, which are subject to change depending on market trends and at our discretion at any time.
1.4 All domain registrations are deemed to be on an annual subscription basis and will be automatically debited and / or invoiced on the anniversary date unless we receive written notification of cancellation at least 60 days prior to the renewal anniversary.
1.5 All domain name registration, hosting and or other charges are non refundable and payable annually in advance.
1.6 Any global domain (.com / .net /.org) registered by Transcom ISP on behalf of the purchaser is fully inclusive of all annual registrar fees, which are subject to change depending on market trends and at our discretion at any time.
1.7 Transcom ISP reserves the right to charge clients recurring annual fees for all services, including registrations, at the rates used at the time of initial purchase, regardless of offers or any reductions, whether permanent or otherwise, in force at the time of any renewals due.
1.7.1 Should the customer default on cleared payment(s) for registration and / or renewal of any domain name(s) based on the precise expiry date(s), the domain name(s) will be considered lost and not recoverable for renewal and / or re registration.
1.7.2 Domain registrars have the right to release and / or auction any domain name(s) on the date of expiry. Transcom ISP does not cover the cost of renewing any domain name(s) on behalf of the customer should cleared payment not be made on time.
1.8 Any failure to register and / or renew any domain name(s), due to Registrar and / or Transcom ISP administration errors or otherwise, limits liability to the refund of the charge made, or the registrar base renewal or initial registration cost (whichever is lower) for the domain name(s). under all circumstances.
1.9 If the customer has been invoiced and or paid for the domain name(s) renewal and / or registration, and a subsequent administration error occurs by the Registrar and / or the Company, Transcom ISP, liability is limited to the refund of the renewal or initial registration cost shown on the invoice, or taken amount or registrar base cost (whichever is lower), under all circumstances.
1.10 Transcom ISP is not liable for any consequential losses of any nature whatsoever.
1.11 Purchasers are under no obligation to continue with registrations and or services after the first year fees have been paid.
1.12 Transfers out of our systems within the second year, whether paid for or not, will be charged at the transfer rate of £80 + vat and the domain registration fee for the time being in force.
1.12.1 Transfers out of our systems after the second year (.uk TLD only) will be charged at the transfer rate of £80 + vat.
1.12.2 If the purchaser has not chosen to renew or transfer, the domain can be released to the public domain for re-registration by any party, including Transcom ISP.
1.12.3 Domains obtained under an offer, free or less than the Transcom ISP standard rate of £10 + vat per year for a .uk TLD, or £15 + vat for a .com / .net or .org TLD, must remain on our systems for a period of 2 (two) years from the initial date of registration, a transfer request can be made before this 2 year period for a fee of £80 + vat. In addition, such domains cannot utilise external name server’s (DNS) without payment of a £25 + vat annual charge,
1.13 Transcom ISP reserves the right to claim of ownership on any domain name that remains unpaid for a period of 90 days from invoice due date.
1.14 If the purchaser chooses to forward any domain name registered by us to any global website, whether dynamic or static, will be charged at our annual rates for the time being in force.
1.15 If the purchaser chooses to forward any domain name registered by us to any global email address, we will charge our annual rates for the time being in force.
1.16 Any transfer of a domain name to another ISP is charged at our current rates, there is no refund at any time for cancellation of a domain name. Domain names cannot be transferred where less than 60 days remain before the domain renewal.
1.17 Any domain not registered by us will not be accepted for registration on our DNS servers under any circumstances without payment of our registration fees in all instances, irrespective of hosting.
1.18 Any domain name registered by us under any free offer for the time being in force will be subject to administration fees in respect to DNS allocation and reallocation if the domain name is to be utilised. This applies to our local DNS servers as well as any third party servers.
1.19 Any new offers or price changes are not applicable to existing customers unless notified otherwise. Any transfer of a domain name out of our jurisdiction, ie, registrar, whilst hosting or other service is in force is not permitted under any circumstances.
1.20 Customers that leave our systems and rejoin are not permitted to do soat any new promotional rates for a period of one calender year.
1.21 All registration fees are payable at the time of registrar acceptance notifications being issued.
1.22 Domains can not be transferred out of our system until 60 days have lapsed, or if there is less than 60 days remaining on a current registration.
1.23 Transcom ISP is merely an acting agent on behalf of the purchaser, and will not and does not have the power or interest to enter into any commercial dispute whatsoever.
1.24 Any single use of the domain name and / or payment of the appropriate fee, binds you to these and the registrar(s) terms and conditions with immediate effect.
1.25 Transcom ISP has the right to refuse and applications at its discretion and without reason.
1.26 Transcom ISP has the right to cancel any domain service and or registration without reason, with only liability being the refund of pro rata charges for the domain registration period remaining.
1.27 Domains will not be transferred to another registrar without written and signed documentation on letter headed paper from the current listed owner under whois for any domain, and payment of the transfer fee for the time being in force.
1.28 Customers not paying for domain names registered on their behalf on or before the due date, will automatically release the right to the domain ownership. Transcom ISP will chose to either reregister the domain name itself as the approved owner, or release the domain into the public pool.
1.29 All domain registration charges are payable annual in advance and non refundable.
1.30 Any value added, non chargeable services can be withdrawn at anytime without notice.
2.1 DOMAIN REGISTRATION LEGAL OBLIGATIONS
Transcom ISP hereby agrees to register the Customer’s Domain Name(s) on the following terms and conditions:
2.2 CUSTOMER’S WARRANTIES
2.3 The Customer represents and warrants that:
(a) The information contained in the Application to the best of the Customer’s knowledge and belief are true and correct and that any future changes to the said information will be provided to – Transcom ISP in a timely manner.
(b) The Customer has the right to use the Domain Name as requested in the Application;
(c) The Customer has a bona fide intention to use the Domain Name on a regular basis on the Internet;
(d) The registration and use of the Domain Name by the Customer do not interfere with or infringe the right of any third party in any jurisdiction with respect to trademarks, service marks, trade name, company name, copyright, patent or any other intellectual property right;
(e) The Domain Name is not defamatory, libellous, slanderous, obscene, abusive, offensive, threatening and or immoral;
(f) The Customer is not seeking to use the Domain Name for any unlawful purpose whatsoever.
2.4 Transcom ISP reserves the right to refuse to register any Domain Name, which is defamatory, labels, slanderous, obscene, abusive, offensive, threatening and or immoral.
2.5 OBLIGATIONS OF CUSTOMER
2.6 IT IS THE OBLIGATION OF THE CUSTOMER TO ENSURE BY DILIGENT SEARCH THAT THE DOMAIN NAME PRESENTED FOR REGISTRATION DOES NOT INFRINGE THE RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION.
2.6.1 – Transcom ISP DOES NOT ACCEPT ANY LIABILITY WHATSOEVER ARISING FROM ANY FAILURE OR NEGLECT BY THE CUSTOMER TO SO SATISFY HIMSELF AS REQUIRED
2.7 RIGHT OF REFUSAL
Transcom ISP in its sole discretion, reserves the right to refuse to register a Domain Name. The Customer agrees that the submission of the Application does not obligate – Transcom ISP to register the proposed Domain Name or to advise the Customer of the reasons for non-registration. The Customer agrees that – Transcom ISP shall not be liable for loss or damages that may result from – Transcom ISP’s refusal to register a Domain Name.
2.8 FEES AND PAYMENTS
The Customer agrees to pay to – Transcom ISP such registration and annual renewal fees as may apply from time to time and which are notified to the Customer. These fees shall not be refundable and are due on an annual basis. If a domain name is registered under a free offer for the time being in force, then and DNS allocation or reallocation will be subject to our administration fees.
THE CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS – Transcom ISP, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORISED AGENTS AND KEEP – Transcom ISP AT ALL TIMES FULLY INDEMNIFIED FROM AND AGAINST ANY LAWSUITS, CLAIMS, DAMAGES OR LIABILITIES (OR ACTIONS OR PROCEEDINGS IN RESPECT THEREOF) ARISING OUT OF THE REGISTRATION AND/OR USE OF THE DOMAIN NAME PARTICULARLY WHERE SUCH REGISTRATION AND/OR USE RESULTS IN DAMAGE TO THE CUSTOMER OR A THIRD PARTY OR PARTIES, OR SERVICE MARK INFRINGEMENT, TRADENAME INFRINGEMENT, DILUTION, TORTIOUS INTERFERENCE WITH CONTRACT OR PROSPECTIVE BUSINESS ADVANTAGE, UNFAIR COMPETITION, DEFAMATION OR INJURY TO BUSINESS REPUTATION, .AND WILL REIMBURSE – Transcom ISP FOR ALL LEGAL AND OTHER EXPENSES, INCLUDING LEGAL FEES, INCURRED IN CONNECTION WITH INVESTIGATING, DEFENDING, OR SETTLING ANY SUCH LOSS, CLAIM, DAMAGE, INCLUDING WITHOUT LIMITATION THOSE BASED UPON TRADEMARK LIABILITY, ACTION, OR PROCEEDING WHETHER OR NOT IN CONNECTION WITH PENDING OR THREATENING LITIGATION IN WHICH – Transcom ISP IS A PARTY.
2.10 This indemnity shall survive the termination of this Agreement. The Customer agrees to:
(a) Promptly notify – Transcom ISP in writing of any such claim, action or demand; and
(b) Defend any such claim, action or demand at its sole costs and expense.
2.11 NO GUARANTY
The Customer agrees that, by registration of a Domain Name, such registration does not confer:
(a) Immunity from objection to either registration or use of the Domain Name.
(b) Any legal rights over the Domain Name.
The Customer agrees that – Transcom ISP may delete the Domain Name:
(a) If the Application or subsequent modification thereto, contains false or misleading information, or conceals or omits any information – Transcom ISP would likely consider material to its decision to registering the Domain Name or
2.13 DISPUTE POLICY
The Customer agrees that – Transcom ISP Limited shall have the right in its sole discretion to revoke the Domain Name from registration upon seven (7) days prior written notice, or at such time as ordered by a Court of Law, should – Transcom ISP receive a properly authenticated order by a British Court requiring the Customer to transfer or suspend registration of the Domain Name.
(a) The Customer acknowledges and agrees that – Transcom ISP cannot act as an arbiter of disputes arising out of the registration of a Domain Name. At the same time, the Customer acknowledges that – Transcom ISP may be presented with information that a Domain Name registered by the Customer violates the legal rights of a third party. Such information includes but is not limited to evidence that the Domain Name is identical to or resembles a subsisting foreign or British registration of a trademark or service mark that is in full force and owned by another person or entity (“the Complainant”)
(b) Where a Complainant produces to – Transcom ISP certified proof of ownership of a mark duly registered in accordance with the Trade Marks Act of Great Britain and – Transcom ISP is satisfied that the Customer cannot establish certified proof of ownership of the Customer’s own mark or within 30 days of receipt of – Transcom ISP’s request the Customer fails to produce such proof, then provided that the Customer promptly submits an Application for the registration of a new Domain Name, – Transcom ISP may assist the Customer in the transition from the disputed Domain Name to a new Domain Name.
(c) In the event that the Customer : (a) Fails to provide the documentation required by clause 8.3 of a trademark or service mark registration within thirty (30) days of notice of the dispute by – Transcom ISP
(d) Provides – Transcom ISP with written notification that the Customer will neither accept a new Domain Name nor relinquish its use of the disputed Domain Name or
(e) Fails to take action or provide written notice within the time specified in clause 8.4 (a), whichever event occurs first. – Transcom ISP Limited will place the Domain Name on “Hold”. As long as the Domain Name is on “Hold” status, the Domain Name registered to the Customer shall not be available for use by any party.
(f)Transcom ISP will not place the Domain Name on hold in the event that the Customer or Complainant files suit in a court of competent jurisdiction related to the registration of the Domain Name.
2.14 If named as a party to legal proceedings, – Transcom ISP shall not be limited to the above actions, but reserves the right to raise any and all defences deemed appropriate.
2.15 DISCLAIMER AND LIMITATION OF LIABILITY
THE CUSTOMER AGREES THAT – Transcom ISP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE CUSTOMER OR ANY THIRD PARTY ARISING FROM THE REGISTRATION AND OR USE BY THE CUSTOMER OR ANY THIRD PARTY OF THE DOMAIN NAME OR FOR INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF – Transcom ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL – Transcom ISP’s MAXIMUM LIABILITY EXCEED ONE HUNDRED £100.00 BRITISH POUNDS.
Notwithstanding anything to the contrary expressed or implied elsewhere in this Agreement – Transcom ISP (without prejudice to its other rights or remedies) may at its sole discretion terminate this Agreement forthwith in the event that:
(a) The Customer is in breach of its obligations hereunder;
(b) An order is made or an effective resolution is passed for the winding up or dissolution of the Customer or a receiver or receiver manager is appointed in relation to the Customer or any distress or execution, attachment, garnishment or like process is levied or enforced upon or against any of the property of the Customer or the Customer makes or attempts to make any arrangement or composition with its creditors.
(c) Either party may terminate this Agreement by providing the other with not less than thirty (60) days notice.
2.17 Transcom ISP may terminate this agreement at any time in line with operating procedures for the time being in force and on decision of the Directors in relation to continuation of the services provided hereunder. In this instance, 60 days notice, transfer to another registrar and pro-rata registration fees relative to the exiting annual fee prepaid, in whole months will be repaid, and will represent – Transcom ISP’s entire liability for the registration without question.
2.18 CANCELLATION The Customer may request termination of access to the Service by providing – Transcom ISP with not less than seven (7) days notice, no refund will be made in any circumstance.
Transcom ISP shall have the right to assign this agreement to any of its affiliated companies from time to time. For the purposes of this Agreement “affiliate” is defined in accordance with the Companies Act of the Laws of the United Kingdom. The Customer may not transfer or assign its rights or obligations under this Agreement without the prior written consent of – Transcom ISP, such consent not be unreasonably withheld.
2.19 ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other Agreements and representations made by either party, whether oral or written.
All notices required under this Agreement shall be in writing and shall be sent by registered or certified mail, facsimile or E-Mail to the address associated with the Customer or – Transcom ISP.
2.21 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the Laws of Great Britain.
3.0 WEB HOSTING SERVICES
Transcom ISP at all times retains the right to refuse to publish and / or terminate any web site without reason. Liability in the event of Transcom ISP’s cancellation of any hosting facility for whatever reason, is limited only to refund of hosting charges for the hosting year remaining by full month, provided only that the client has fully paid up for that period, and that the client was not in breach of our terms and conditions or was seemingly conducting illegal, contentious or problematic or dubious or abusive activities. Transcom ISP has the right of decision in any case, and is final.
3.1 Transcom ISP does not allow audio or video streaming of any description, or the reselling of third party file based music, video, or images without composer authorisation.
3.2 Transcom ISP does not allow its servers to be utilised for the promotion of internet based un solicited promotions, or obscene, defamatory, derogatory, soft or hard pornography, such as and including mail bombing, address collections, materials distributions, pyramid marketing, any pornographic material of any description whatsoever, and other such services deemed by Transcom ISP to be of nuisance, or unsuitably for all age groups, in nature.
3.3 Any client utilising our facilities for the serving of illicit, obscene or illegal materials, services or publications in any country, will have the offending materials handed to the authorities without warning, in any respective country.
3.4 Transcom ISP will suspend any hosting or associated service for a period not exceeding 7 days, should the client fail to pay for services so attached to any domain. Failure to settle within this 7 day grace period will result in associated data being removed from our systems.
3.5 All hosting services are payable annually in advance and non refundable, usage of the services after renewal date binds the client to these terms and conditions for the annual period in force and subsequent.
3.6 Clients may not resell Transcom ISP web or ftp server space to any third party, which includes reselling of advertising space, without prior agreement. Any client failing to report this will have been deemed to be in breach of our terms and conditions for the time being in force, and is liable to have their site removed without refund.
3.7 One shot design services relate to the in house design of web pages and associated media graphics and developed files, of which remain the property of the client after payment of the annual fee. The client is free at anytime to modify, delete and remove these files at will without the permissions of Transcom ISP, who is not responsible for the integrity, structure or content at any time, including inadvertent destruction of the data.
3.8 The client will be given the option to retain their data on our servers after the first year, where annual fees such as hosting, registration and other associated services will be charged at the current market rate, the client is under no obligation to do so.
3.9 HOSTING LEGAL OBLIGATIONS
Customers may not resell or give away control of any part of their Transcom ISP account. Including but not limited to, web space, system resources, e-mail and ftp accounts. Unless they have permission from Transcom ISP to do so.
Hosting services provided by Transcom ISP may be used for lawful purposes only. The use of our services to transmit or store any material that is in violation of English or International Law is strictly forbidden. Material that is not allowed on our server’s includes, but is not limited to: Bulk e-mail related software/products/information, password lists, email address lists, postal address list or spamming tools.
1. Any material which you do not own or have permission from the copyright owner to use.
2. Fake ID tools, credit reports, SSN searches, SSN lookups, SSN verifications, term papers, anonymous proxies or proxy lists.
3. Pornographic or any other adult content.
4. Any material related to hacking, cracking, Warez, pirated software, pirating tools, hacking tools, http/tcp proxies, irc/ircd, bnc, eggdrop, socks4/5, remote bots, shell accounts.
5. Any materials encouraging violence, hatred, revenge, racism, victimization, or criminal activity.
Transcom ISP reserves the right to deactivate and remove any web site from its servers which contains material that at Transcom ISP sole discretion is deemed to be unacceptable, undesirable or may damage the reputation of Transcom ISP.
3.12 SYSTEM RESOURCE USAGE
If Transcom ISP discovers that a customers web site or scripts are using an unacceptable amount of servers resources including but not limited to cpu and memory usage we may suspend or terminate the customers account without notice. Our normal practice is to only suspend/terminate accounts without notice if the web site in question is likely to jeopardise the smoothing running of Transcom ISP servers, normally Transcom ISP will email the customer asking them to reduce the resources they are using.
Transcom ISP average annual service availability is set at 99% allowing 3.65 days outage per year for unforseen internal and external outages, there is no SLA (Service Level Agreement) for any Transcom ISP service including hosting, domain and domain services, streaming and associated, but not limited to, provided services.
3-14 DATA STORAGE
Customers data stored on Transcom ISP system hardware by any means remains their own responsibility in relation to integrity, availability and security,Transcom ISP does not accept any responsibility, howsoever caused for the loss of corruption of data on its systems hardware, and has the right to remove any data that it determines as violating any conditions of this agreement. Transcom ISP does not make guaranteed backups of any customer data for the purpose of recovery in the event of a loss, howsoever caused, but may, do so periodically for maintenance purposes only. It is solely the customers responsibility to ensure integrity, consistency and availability of its data on our systems at all times by ensuring data is regularly backed up external to Transcom ISP system hardware.
3.15 CHAT SERVICES
Message boards and Chat Rooms. Chat Rooms are not allowed on the server. Certain boards are not allowed either. Use of a php or mysql data driven board is recommended and allowed on Transcom ISP servers, but customers should be aware that if the boards become popular they are likely to use an unacceptable amount of system resources.
Spamming (the sending of unsolicited e-mail) from Transcom ISP servers is strictly forbidden. Transcom ISP will decide on a case by case basis what constitutes to be spamming. The use of our servers to provide a free e-mail service is strictly forbidden.
3.15.2 SERVER ABUSE
Attempting to cause harm to a Transcom ISP server, or any other server on the internet using an account on Transcom ISP will result in immediate removal of that account.
3.16 VIOLATION REFUNDS
Transcom ISP will decide on a case by case basis if a refund (subject to any expenses incurred) is to be given on violation of these terms and conditions.
3.17 DOMAIN NAME REGISTRATION
Transcom ISP make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
3.18 REGISTRATION TERMS
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
3.19 DOMAIN LIABILITY
Transcom ISP shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
3.20 DOMAIN PAYMENTS
Transcom ISP shall not release any domain to another provider unless full payment for that domain has been received by Transcom ISP. If payment for a domain name has not been received for 90 days after the due date, the domain name will become the property of Transcom ISP. Domain payments are to be paid annually in advance, refunds are not issued under any circumstances. Domains cannot be transferred when less than 60 days remain before the renewal date.
3.21 WARRENTY/LIMITATION OF LIABILITY
Customer hereby agrees that Transcom ISP makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Transcom ISP shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Transcom ISP to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months’ service fee at current rates. Transcom ISP’s liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Transcom ISP shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement.
3.22 COMPANY LIABILITY
IN NO EVENT SHALL Transcom ISP BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF Transcom ISP PURSUANT TO THIS AGREEMENT. Transcom ISP MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY Transcom ISP ARE HEREBY EXCLUDED AND DISCLAIMED. INDEMNITY BY CUSTOMER: CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY Transcom ISP, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER’S USE OF Transcom ISP SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF Transcom ISP HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF Transcom ISP REASONABLE ATTORNEY’S FEES.
3.23 CHANGES TO POLICIES AND TERMS
Transcom ISP reserver the right to Change the Terms & Conditions and Acceptable Use Policy without prior notice. Clients will be informed of any changes as and when they occur.
This agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
4.0 SUBSCRIPTION SERVICES
All Transcom ISP subscription services are payable annually in advance and not refundable for the period of validity under any circumstances whatsover. Transcom ISP will not accept any liability for the configuration of computer equipment and / or associated satellite receiving equipment, customers should ensure satisfactory signal lock, signal strength and operating system stability before subscribing to the Transcom ISP service. Transcom ISP is not responsible for any usage of the service whatsoever, the customer must determine in country requirements and restrictions themselves.
4.1 Logging into a Transcom ISP account, usage and / or payment of the subscription service indicates that the client accepts the terms and conditions within this document. Refunds for service charges are not given under any circumstances, except for critical satellite failures.
4.2 DVB S LOW COST SATELLITE SERVICES A VSAT
4.3 A licence is required to operate satellite transmission in any country, it is the owner / users responsibility to acquire a licence for usage. In the EEC, blanket licensing provisions may apply, where the local authorities pre-emp VSAT transmission equipment utilisation.In some countries, we require advanced documentation to show the licence before delivery of the equipment, all fees associated for licensing are the sole responsibility of the owner / user. In the event of a service being discontinued or un available, we will not be held liable under any circumstances for licensing costs in the event of termination or cancellation of the facility by the operators or us.
4.4 S and DVB RCS low cost VSAT bandwidth is without any CIR (guarantee), contract or service level agreement. Performance of this bandwidth has no guarantee, and is subject to FAP (Fair Access Policy) as issued by the operator, and may change at any time. Equipment deliveries into countries that are with held by local customs and excise, will not be accepted back by us under any circumstances whatsoever, refunds in this instance will not apply. 4.4 We do not restock equipment in the cases of cancelled orders or give refunds for such equipment under any circumstances. Payments for bandwidth must be made prior to the quarterly expiry, failure to do so will cause the service to be disconnected, a reconnection fee applies.
4.5 HARDWARE SALES Goods sold will not be accepted for return under any circumstances accept by means of an prior issued returns number issued by our office within 14 days from receipt, and only for goods that are deemed to be defective. On receipt, if the goods are tested and found to be operational, they will be returned at the customers shipping expense
4.6 Exclusion to the above clause even with a returns authorisation, relates to goods received back in a non saleable state, ie, missing manuals, leads, packing, software, anti static protection as supplied, or without a returns number issued in advance.
4.7 Goods returned without a prior returns authorisation or in an un acceptable state, will be held in quarantine for return to the customer without testing, refund or evaluation, and will not be returned without payment of the shipping fee paid in advance, and only on definitive written instructions of the customer.
4.8 Transcom ISP does not accept goods for return if deemed unsuitable for their purpose as sold and determined at point of sale by the customer, local customs restrictions, delivery delays, licensing, ability of the customer to configure and utilise, any third party hardware or software issues, or for any other reason whatsoever except for the single reason given above, ie, deemed defective upon receipt.
4.9 Credit card chargebacks without authorisation and for reasoning not deemed to be in the above clauses will be referred to the issuing bank and local authorities for investigations.
4.10 SATELLITE PHONES AND AIRTIME SERVICES
4.11 The satellite phone manufacturer’s offer differing terms and conditions of sale in respect to hardware faults and / or replacement procedures, these are detailed in the text at the point of sale.
4.12 Satellite signals are governed by weather conditions which can affect the devices ability to communicate due to changing atmospherics and / or connectivity, no liability whatsoever is accepted for any satellite communication outages, regardless of cause, including the loss of airtime or inability to recharge the devices with airtime for any reason.
4.13 Transcom sells all satellite phones on the understanding that airtime topping up is under the administration of a third party airtime provider, to which we have no direct control, or responsibility.
4.14 Transcom’s liability in respect to item 4.13 is limited to the supply and replacement of a sim card only, should you be unable to top up through normal means or if the supplying airtime organization runs into difficulties. Transcom is not liable to replace or replenish any airtime provided by a third party airtime suppler.
4.15 The satellite phones supplied are not to be used or relied upon as a sole means of safety or communications and are not intended for that purpose.
4.16 Always ensure you have the correct and sufficient communication and navigational hardware and services for the journey and / or situation undertaken.
4.17 Transcom accepts no liability whatsoever for any loss or damage caused either directly or indirectly in relation to the satellite phone(s) and or associated airtime.
(A) Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc.
(B) .In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA). Such information will not be transferred out of the EEA for any other purpose
(C) .Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
(D) .Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website.
5.1 What we do with your information Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used:
1. To process your order, to provide after sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service), this does not entitle any third party organisation to utilise your information for any prpose whatsoever.
2. In certain cases we may use your email address to send you information on our other products and services. In such a case you will be offered the option to opt in/out before completing your purchase.
5.2 We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes.
5.3 Your Rights You have the right to request a copy of any information that we currently hold about you. In order to receive such information please send your contact details including address and payment of £25 + vat to cover administration expenses to the following address:
Design Technology Ltd t/a Transcom ISP
25 - 27 Queen Victoria Street
UK Reg 02828342 Established 1993
VAT GB 635 7737 09
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