FULL TERMS AND CONDITIONS

Design Technology Ltd trades as, Transcom, Transcom ISP has several websites pertaining to different sectors of the company such as, but not limited to, transcom.net, fastapn.com, flytlink.co.uk, freevoip.co.uk and for the purpose of this document, references to Transcom or any other trading name or website domain used, relates to the parent company Design Technology Ltd and should be read as such.

Click to jump to our Privacy Policy

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 £10 + 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 £10 + 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, within a hosting pack including INFINITY packs, 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 1 (one) year from the initial date of registration, a transfer request can be made before this 1 year period for a fee of £10 + vat, plus any fees that the holding reigstar (ie Nominet) may charge for a transfer. In addition, such domains without associated hosting cannot utilise external name server’s on our systems (DNS) without payment of a £5 + 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.

2.9 INDEMNITY
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.

2.12 REVOCATION
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.

2.16 TERMINATION
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.

2.18 ASSIGNMENT
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.

2.20 NOTICES
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.

3.10 CONTENT
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.

3.11 DEACTIVATION
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.

3.12.1 UNLIMITED SERVICES
Transcom ISP offers Unlimited server space and unlimited bandwidth on certain packages including the INFINITY packs, these unlimited resources are offered on an average utilisation basis and it is the expectation of customers to keep within these limitations. Any excessive use deemed out of the average by the Directors will result in termination of the service without refund. Unlimited service relates to bandwidth and servers space, as well as average expectations of all associated addins such as but not limited to domain alias's, subdomains, email accounts, email storage, number of databases and any other open resource offered in any hosting or email pack. Further, any determined damage to Transcom's resources will be deemed reason for termination without notice.

3.13 AVAILABILITY
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.

3.15.1 E-MAIL
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.

3.24 LAW
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.

3.25 HEADINGS
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.

4.50 COOKIES
To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too.

What are cookies?
- A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies?
Adjust this part of the page according to your needs. Explain which cookies you usein plain, jargon-free language. In particular:

- their purpose and the reason why they are being used, (e.g. to remember users' actions, to identify the user, for online behavioural advertising)
- if they are essential for the website or a given functionality to work or if they aim to enhance the performance of the website
- the types of cookies used (e.g. session or permanent, first or third-party)
- who controls/accesses the cookie-related information (website or third party)
- that the cookie will not be used for any purpose other than the one stated
- how consent can be withdrawn.

Example:
A number of our pages use cookies to remember:

- your display preferences, such as contrast colour settings or font size
- if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won't be asked again)
- if you have agreed (or not) to our use of cookies on this site
Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited.

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

How to control cookies
- You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.


Privacy Policy

Last updated: March 17, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Design Technology Ltd t/a Transcom, 40 Caversham Road.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: United Kingdom

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to Transcom or any other domain and website used in the course of our business, accessible from https://transcom.net

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Use of Cookies by Free Privacy Policy.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: legal@transcom.net

Powered by WHMCompleteSolution