These Web Services Terms contain the terms and conditions upon which we provide our services.

We will ask you to agree to these Web Services Terms, and one or more Order Forms, before we begin working with you.

  • 1. Definitions and interpretation
    • 1.1 In the Agreement:
      • “Affiliate” means a company, firm or individual that Controls, is Controlled by, or is under common Control with the relevant company, firm or individual;
      • “Agreement” means:
        • (a) these Web Service Terms;
        • (b) any Order Forms completed by the customer;
        • (c) the Schedules to these Web Services Terms insofar as applied by an Order Form; and
        • (d) any amendments to the Agreement from time to time;
      • “Business Day” means any week day, other than a bank or public holiday in England;
      • “Business Hours” means between 09:00 and 17:30 on a Business Day;
      • “Charges” means the amounts payable by the Customer to the Company under or in relation to the Agreement (as set out in the Schedules and Order Forms);
      • “Company” means VirtuaHost;
      • “Confidential Information”
        • (a) any information supplied (whether supplied in writing, orally or otherwise) by one party to the other party marked as “confidential”, described as “confidential” or reasonably understood to be confidential.
      • “Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
      • “Customer” means the company, firm or person specified in the Order Form;
      • “Effective Date” means 05/01/2011;
      • “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
      • “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
      • “Personal Data” has the meaning given to it in the Data Protection Act 1998;
      • “Schedules” means the schedules attached to the Web Services Terms;
      • “Services” means the services provided under the Agreement as specified in the Schedules and Order Form;
      • “Order Form” means an order form completed by the customer on the Company Website specifying the scope of the Services and other matters relating to the Agreement;
      • “Company Website” means www.virtuahost.co.uk;
      • “Term” means the term of the Agreement.
    • 1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:
      • (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
      • (b) any subordinate legislation made under that statute or statutory provision.
    • 1.3 The Clause headings do not affect the interpretation of the Agreement.
    • 1.4 The ejusdem generis rule is not intended to be used in the interpretation of the Agreement; it follows that a general concept or category utilised in the Agreement will not be limited by any specific examples or instances utilised in relation to such a concept or category.
  • 2. Term
    • The Agreement will come into force on the Effective Date and will continue in force indefinitely, unless and until terminated in accordance with Clause 13.
  • 3. Services
    • The Company will provide to the Customer during the Term the Services specified by the applicable Order Form.
  • 4. Customer obligations
    • 4.1 The Customer will provide the Company with all co-operation, information and documentation reasonably required for the provision of the Services, and the Customer will be responsible for procuring any third party co-operation reasonably required for the provision of the Services.
    • 4.2 Save as expressly provided in the Agreement, the Customer will be responsible for obtaining suitable licences of third party software (such as email client software) which are required for the full use of the Services.
    • 4.3 It is the Customer’s responsibility to keep any passwords relating to the Services confidential, and to change such passwords on a regular basis. The Customer will notify the Company immediately if it becomes aware that a password relating to the Services is or may have been compromised or misused.
    • 4.4 The Services are provided to the Customer only, and the Customer must not resell or otherwise provide or make available the Services to any third party.
  • 5. Use of the Services
    • 5.1 The Customer must not use any of the Services:
      • (a) to host, store, send, relay or process any:
        • (i) material which breaches any applicable laws, regulations or legally binding codes, or infringes any third party Intellectual Property Rights or other third party rights, or may give rise to any form of legal action against the Company or the Customer or any third party;
        • (ii) pornographic or lewd material; or
        • (iii) messages or communications which are offensive, abusive, indecent or obscene, are likely to cause annoyance, inconvenience or anxiety to another internet user, or constitute spam or bulk unsolicited mail;
      • (b) for any purpose which is unlawful, fraudulent, or infringes any third party rights;
      • (c) in any way which may put the Company in breach of a contractual or other obligation owed by the Company to any internet service provider.
    • 5.2 The Customer must ensure that all materials provided to the Company by or on behalf of the Customer in connection with the Agreement, and the use of those materials by the Company in accordance with the terms of the Agreement will not infringe any person’s Intellectual Property Rights or other legal rights, will not breach any applicable laws or regulations, and will not give rise to a cause of action against any person in any jurisdiction.
    • 5.3 Where the Company reasonably suspects that there has been a breach of the provisions of this Clause 5, the Company may:
      • (a) delete or amend the relevant materials; and/or
      • (b) suspend any or all of the Services and/or the Customer’s access to any or all Service while it investigates the matter.
    • 5.4 Any breach by the Customer of this Clause 5 will be deemed to be a material breach of the Agreement for the purposes of Clause 13.
  • 6. Charges and payment
    • 6.1 The Company will issue invoices for the Charges to the Customer in accordance with the provisions of the Schedules and Order Form(s).
    • 6.2 The Customer will pay the Charges to the Company:
      • (a) on or before the dates set out in the revelent Schedules or Order Form(s); or
      • (b) where no such dates are set out in the relevant Schedules or Order Form(s), within 30 days of the date of issue of an invoice in accordance with Clause 6.1.
    • 6.3 All Charges stated in or in relation to the Agreement are stated exclusive of VAT, unless the context requires otherwise.
    • 6.4 Charges must be paid by debit or credit card, bank transfer or by cheque (using such payment details as are notified by the Company to the Customer from time to time).
    • 6.5 If the Customer does not pay any amount properly due to the Company under or in connection with the Agreement, the Company may:
      • (a) charge the Customer interest on the overdue amount at the rate of 5% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily and be compounded quarterly); or
      • (b) claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
  • 7. Warranties
    • 7.1 The Customer warrants to the Company that it has the legal right and authority to enter into and perform its obligations under the Agreement.
    • 7.2 The Company warrants to the Customer:
      • (a) that it has the legal right and authority to enter into and perform its obligations under the Agreement; and
      • (b) that it will perform its obligations under the Agreement with reasonable care and skill.
    • 7.3 All of the parties’ obligations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
  • 8. Indemnity
    • The Customer hereby indemnifies and undertakes to keep indemnified the Company against all liabilities, losses, costs, expenses (including legal expenses and amounts paid upon advice in settlement of any legal action) arising out of or in connection with any breach by the Customer of any term of the Agreement.
  • 9. Limitations of liability
    • 9.1 Nothing in the Agreement will exclude or limit the liability of either party for:
      • (a) death or personal injury caused by that party’s negligence;
      • (b) fraud or fraudulent misrepresentation on the part of that party; or
      • (c) any other liability which may not be excluded or limited under applicable law.
    • 9.2 Subject to Clause 9.1, the Company’s liability to the Customer under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows:
      • (a) the Company will not be liable for any:
        • (i) loss of profits, income or anticipated savings,
        • (ii) loss or corruption of any data, database or software,
        • (ii) reputational damage or damage to goodwill;
        • (iv) loss of any commercial opportunity, or
        • (v) indirect, special or consequential loss or damage;
      • (b) the Company will not be liable for any losses arising out of a Force Majeure Event; and
      • (c) the Company’s liability in relation to any event or series of related events will in no circumstances exceed the greater of:
        • (i) the total amount paid (or, if greater, payable) by the Customer to the Company under the Agreement during the 12 month period immediately preceding the event or series of events.
  • 10. Data protection
    • 10.1 The Customer warrants that it has the legal right to disclose all Personal Data that it does in fact disclose to the Company under the Agreement, and that the processing of that Personal Data by the Company for the purposes of and in accordance with the terms of the Agreement will not breach any applicable laws (including the Data Protection Act 1998).
    • 10.2 The Company warrants that:
      • (a) it will act only on instructions from the Customer in relation to the processing of any Personal Data performed by the Company on behalf of the Customer; and
      • (a) it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data processed by the Company on behalf of the Customer.
  • 11. Confidentiality
    • 11.1 Each party will keep confidential the Confidential Information of the other party, and will not disclose that Confidential Information except as expressly permitted by this Clause 11.
    • 11.2 Each party will protect the confidentiality of the Confidential Information of the other party using at least reasonable security measures.
    • 11.3 The Confidential Information of a party may be disclosed by the other party to its employees and professional advisers, provided that each recipient is legally bound to protect the confidentiality of the Confidential Information.
    • 11.4 These obligations of confidentiality will not apply to Confidential Information that:
      • (a) has been published or is known to the public (other than as a result of a breach of the Agreement);
      • (b) is known to the receiving party, and can be shown by the receiving party to have been known to it, before disclosure by the other party; or
      • (c) is required to be disclosed by law, or by an order (binding upon the relevant party) of a competent governmental authority, regulatory body or stock exchange.
  • 12. Publicity
    • The Company will not make any public disclosure relating to the Agreement (including press releases, public announcements and marketing materials) without the prior written consent of the the Customer, not to be unreasonably withheld or delayed.
  • 13. Termination
    • 13.1 Either party may terminate the Agreement at any time by giving at least 30 days’ written notice to the other party expiring at any time after the later of:
      • (a) the end of any minimum period specified in any Schedule or Order Form.
    • 13.2 Either party may terminate the Agreement immediately by giving written notice to the other party if the other party:
      • (a) commits any breach of any term of the Agreement.
    • 13.3 Either party may terminate the Agreement immediately by giving written notice to the other party if:
      • (a) the other party:
        • (i) is dissolved;
        • (ii) ceases to conduct all (or substantially all) of its business;
        • (ii) is or becomes unable to pay its debts as they fall due;
        • (iv) is or becomes insolvent or is declared insolvent; or
        • (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
      • (b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
      • (c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement);
      • (d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
  • 14. Effects of termination
    • 14.1 Termination of the Agreement will not affect either party’s accrued rights (including accrued rights to be paid) as at the date of termination.
    • 14.2 Subject to Clause 14.1, upon termination all the provisions of the Agreement will cease to have effect, save that:
      • (a) the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 6.5, 8, 9, 11, 14 and 17; and
      • (b) the provisions of the Schedules and Order Form(s) expressed to survive and continue to have effect will do so (in accordance with their terms of otherwise indefinitely).
  • 16. Notices
    • 16.1 Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by recorded first class post for the attention of the relevant person, and to the relevant address given in the applicable Order Form (or as notified by one party to the other in accordance with this Clause).
    • 16.2 A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours, when Business Hours next begin after the relevant time set out below):
      • (a) where the notice is delivered personally, at the time of delivery;
      • (b) where the notice sent by recorded first class post, 48 hours after posting.
  • 17. General
    • 17.1 No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
    • 17.2 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
    • 17.3 Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the parties.
    • 17.4 The Agreement may not be varied except by a written document signed by or on behalf of each of the parties.
    • 17.5 The Company may freely assign its rights and obligations under the Agreement without the Customer’s consent to any Affiliate of the assigning party or any successor to all or substantial part of the business of the assigning party from time to time. Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise dispose of or deal in the Agreement or any rights or obligations under the Agreement.
    • 17.6 The Company may subcontract any of its obligations under the Agreement to any third party.
    • 17.7 Each party agrees to execute (and arrange for the execution of) any documents and do (and arrange for the doing of) any things reasonably within that party’s power, which are necessary to enable the parties to exercise their rights and fulfil their obligations under the Agreement.
    • 17.8 The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
    • 17.9 Subject to Clause 9.1:
      • (a) the Agreement will constitute the entire agreement between the parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the parties in respect of that subject matter;
      • (b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Agreement; and
      • (c) neither party will have any liability other than pursuant to the express terms of the Agreement.
    • 17.10 The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.
Schedule 1 – Hosting Services
  • 1. Definitions and interpretation
    • 1.1 In this schedule:
      • “Hosted Materials” means all websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Hosting Services;
      • “Hosting Charges” means the charges specified in the Order Form;
      • “Hosting Services” means the services provided or to be provided by the Company to the Customer under this Schedule, as detailed in Paragraphs 2 to 5; and
      • “Resource Limits” means the limits on the use of resources through the Hosting Services set out in the Order Form.
    • 1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.
  • 2. Transition
    • The company will:
      • (a) where the Company holds any Customer website(s) on its development servers, transfer such website(s) from its development servers; or otherwise
      • (b) at the request of the Customer, use reasonable endeavours to assist with the transition of any Customer website(s) from any third party host.
  • 3. Shared hosting
    • 3.1 This Paragraph 3 will apply if and only if shared hosting is specified in an Order Form.
    • 3.2 The Company will make available to the Customer hosting capacity on a shared server meeting the specification set out in the Order Form in all material respects.
    • 3.3 The Company will make available to the Customer the ability to access, update or amend the Hosted Materials by FTP or similar means.
    • 3.4 For the avoidance of doubt, the Customer will have not have administration rights in relation to any shared server, and the Company may refuse any request to change the configuration of a shared server at its sole discretion.
  • 4. Dedicated hosting
    • 4.1 This Paragraph 4 will apply if and only if dedicated hosting is specified in an Order Form.
    • 4.2 The Company will make available for the exclusive use of the Customer a dedicated server to the Customer meeting the specification set out in the Order Form in all material respects, and will grant to the Customer administration rights with respect to that server.
    • 4.3 The Customer acknowledges that the Company will not provide support in connection with the administration of any dedicated server, and the Customer warrants that it has all necessary expertise to configure, manage and keep the dedicated server secure at all times.
    • 4.4 The Company may from time to time require that the Customer apply software and/or hardware upgrades to the dedicated server.
    • 4.5 For the avoidance of doubt, dedicated servers made available under the Agreement will remain the property of the Company at all times.
  • 5. Email services
    • 5.1 This Paragraph 5 will apply if and only if email services are specified in an Order Form.
    • 5.2 The Company will upon request provide POP3 and webmail email services to the Customer, including email transmission, storage and/or management services meeting the specification set out in the Order Form.
    • 5.3 All mailboxes will be protected by anti-spam and anti-virus software.
    • 5.4 If the Customer or a mailbox exceeds the relevant storage limit notified by the Company to the Customer from time to time, the Company may delete stored emails to bring the Customer or mailbox within the storage limit.
  • 6. Resource Limits
    • 6.1 The Customer’s utilisation of resources through the Hosting Services must not exceed the Resource Limits.
    • 6.2 The Customer acknowledges that the Company may use technical measures to prevent the Customer exceeding the Resource Limits.
    • 6.3 If the Customer’s utilisation of Hosting Services exceeds or threatens to exceed the Resource Limits, the parties will endeavour to agree a variation to the Agreement. If the parties cannot agree such a variation within a reasonable period (being not more than 30 days) following notice from the Company to the Customer requesting such variation, and Resource utilisation continues to exceed those limits, the Customer will be deemed to be in material breach of the Agreement.
  • 7. Availability and scheduled maintenance
    • 7.1 Subject to Paragraph 7.2, the Company will use reasonable endeavours to maintain the Hosting Services at the availability level specified in the Order Form.
    • 7.2 The Company may suspend some or all of the Hosting Services in order to carry out scheduled maintenance or repairs. The Company will use all reasonable endeavours to ensure that the Hosting Services are not suspended under this Paragraph during Business Hours.
  • 8. Hosting Charges
    • The Company will issue invoices for the Hosting Charges to the Customer monthly / annually in advance during the Term.
  • 9. Hosting indemnity
    • The Customer hereby indemnifies and undertakes to keep indemnified the Company against all liabilities, losses, costs, expenses (including legal expenses and amounts paid upon advice in settlement of any legal action) arising out of or in connection with any activity upon, or any breach of security of, the Customer’s dedicated server.
  • 10. Term of Schedule
    • 10.1 This Schedule will come into force on the date of execution of the relevant Order Form, and will continue in force until cancelled in accordance with Paragraph 10.2 or 10.3.
    • 10.2 This Schedule (and the provisions of any Order Form relating to this Schedule) will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.
    • 10.3 Either party may cancel this Schedule (and the provisions of any Order Form relating to this Schedule) by giving to the other party at least 30 days’ written notice of cancellation.
    • 10.4 If this Schedule is cancelled under Paragraph 10.3, or terminated by the Customer under Clause 13.2 or 13.3 (but not in any other case):
      • (a) the Company will promptly provide to the Customer an electronic copy of the Hosted Materials; and
      • (b) the Company will provide such assistance as is reasonably requested by the Customer to transfer the hosting of the Hosted Materials to the Customer or another service provider, subject to payment of the Company’s reasonable expenses.
Schedule 2 – Support and Maintenance Services
  • 1. Definitions and interpretation
    • 1.1 In this Schedule:
      • “Support and Maintenance Charges” means the charges specified in respect of the Support and Maintenance Services in the Order Form, and any additional charges applied under Paragraph 6;
      • “Support and Maintenance Services” means the Services specified in Paragraphs 2 to 6;
      • “Supported System” means the system identified as such in the Order Form; and
      • “Upgrades” means new versions of, and updates to, the Supported System, whether for the purpose of fixing an error, bug or other issue in the Supported System or enhancing the functionality of the Supported System.
    • 1.2 means new versions of, and updates to, the Supported System, whether for the purpose of fixing an error, bug or other issue in the Supported System or enhancing the functionality of the Supported System.
    • 2. Helpdesk
      • 2.1 The Company will make available an email helpdesk facility for the purpose of (inter alia) providing support to the Customer.
      • 2.2 Subject to Paragraph 2.3, the Customer must make all requests for Support and Maintenance Services through the helpdesk and all such requests must include at least the following information: Customer name, contact telephone number, contact email address and a description of the issue.
      • 2.3 The Company will use reasonable endeavours to ensure that a member of its support staff can be reached by land line outside Business Hours in the case of an emergency.
    • 3. Response and resolution times
      • 3.1 The company will:
        • (a) use all reasonable endeavours to respond to requests for Support and Maintenance Services made through the helpdesk;
        • (b) use all reasonable endeavours to resolve issues raised by the Customer in accordance with the time matrix set out in the Order Form.
      • 3.2 The Company will determine, acting reasonably, in to which severity category an issue raised through the Support and Maintenance Services falls.
    • 4. Back-ups
      • 4.1 Subject to Paragraph 4.2, the Company will:
        • (a) make back-ups of the data comprised in the Supported System on a daily basis, and will retain such back-ups for at least 7 days; and
        • (b) at least once every 4 weeks, the Company will arrange for the storage of a current back-up of the data comprised in the Supported System at a remote data centre (which back-up will be over-written on the following off-site back-up date).
      • 4.2 The Company will not make back-ups of email messages that have been downloaded by the Customer.
    • 5. Upgrades
      • 5.1 The Company will:
        • (a) give to the Customer reasonable prior notification of the general release of an Upgrade to the customers of the Company;
        • (b) provide copies of such Upgrades to the Customer promptly following the general release of the relevant Upgrade to the customers of the Company; and
        • (c) apply such Upgrades to the Supported System promptly following the general release of the relevant Upgrade to the customers of the Company.
    • 6. Limits on Support and Maintenance Services
      • Where the total person-hours spent by the Company performing the Support Services during any day exceed 2 hours, then:
        • (a) the Company will cease to have an obligation to provide Support Services to the Customer during that period; providing that
        • (b) the Company may agree to provide additional Support Services to the Customer during that period, but the provision of such services will be subject to payment by Customer of additional Support and Maintenance Charges at the Company’s standard hourly rates from time to time.
    • 7. Support and Maintenance Charges
      • The Company will issue invoices for the Support and Maintenance Charges to the Customer from time to time in advance during the Term.
    • 8. Term of Schedule
      • 8.1 This Schedule will come into force on the date of execution of the relevant Order Form, and will continue in force until cancelled in accordance with Paragraph 8.2 or 8.3.
      • 8.2 This Schedule (and the provisions of any Order Form relating to this Schedule) will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.
      • 8.3 Either party may cancel this Schedule (and the provisions of any Order Form relating to this Schedule) by giving to the other party at least 30 days’ written notice of cancellation.
Schedule 3 – Domain Name Services
  • 1. Definitions and interpretation
    • 1.1 In this Schedule:
      • “Domain Name Charges” means the charges referred to in Paragraph 3.1; and
      • “Domain Name Services” means the Services detailed in Paragraph 2.
    • 1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.
  • 2. Domain Name Services
    • 2.1 Subject to the payment of the applicable Domain Name Charges in advance, the Company will attempt to register domain names that the Customer orders using the interface on the Company website, but does not warrant that it will be able to do so.
    • 2.2 The Company may reject in its sole discretion any request to register a particular domain name.
    • 2.3 The Customer warrants that the information submitted for the purposes of a domain name registration is current, accurate and complete, that it has the legal right to apply for and use the domain name, and that its use of the domain name will not infringe any person’s Intellectual Property Rights or other legal rights.
    • 2.4 The Customer undertakes to keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional Charges).
    • 2.5 The Customer acknowledges that certain information submitted for the purposes of a domain name registration will be published on the internet via “WHOIS” services.
    • 2.6 The Customer acknowledges that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and Customer agrees to abide by all such rules and policies.
    • 2.7 The Company will not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by the Customer as a result of any domain name arbitration procedure or court proceedings.
    • 2.8 The Company will have no responsibility for Customer’s use or retention of a domain name once registered, and it will be the Customer’s responsibility to ensure that domain names are renewed and that applicable renewal charges are paid.
    • 2.9 The Customer agrees to the terms of the applicable domain name registration agreement (as amended from time to time): www.enom.com/terms/agreement.asp.
  • 3. Domain Name Charges
    • 3.1 The Domain Name Charges consist of the charges specified in the applicable Order Form.
    • 3.2 Domain Name Charges are non-refundable.
    • 3.3 The Company will issue invoices for the Domain Name Charges to the Customer in advance during the Term
    • 3.4 The applicable Domain Name Charges must be paid before the Company will attempt to register a domain name.
  • 4. Term of Schedule
    • 4.1 This Schedule will come into force on the date of execution of the relevant Order Form, and will continue in force until cancelled in accordance with Paragraph 4.2 or 4.3.
    • 4.2 This Schedule (and the provisions of any Order Form relating to this Schedule) will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.
    • 4.3 Either party may cancel this Schedule (and the provisions of any Order Form relating to this Schedule) by giving to the other party at least 30 days’ written notice of cancellation.
Schedule 4 – SSL Certificate Services
  • 1. Definitions and interpretation
    • 1.1 In this Schedule:
      • “SSL Certificate Charges” means the charges referred to in Paragraph 3.1; and
      • “SSL Certificate Services” means the Services detailed in Paragraph 2.
    • 1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.
  • 2. SSL Certificate Services
    • 2.1 Subject to the payment of the applicable Charges in advance, the Company will attempt to obtain SSL certificates that the Customer orders from the Company using the interface on the Company’s website.
    • 2.2 The Customer warrants that the information submitted to the Company for the purposes of an SSL certificate is current, accurate and complete.
    • 2.3 The Customer undertakes to keep the information required for the purposes of an SSL certificate up-to-date.
    • 2.4 The Customer agrees to the terms of the applicable SSL subscription agreement (as amended from time to time): www.verisign.com/repository/agreements/serverClass3Org.html.
  • 3. SSL Certificate Charges
    • 3.1 The SSL Certificate Charges consist of the charges specified in the applicable Order Form
    • 3.2 SSL Certificate Charges are non-refundable.
    • 3.3 The Company will issue invoices for the SSL Certificate Charges to the Customer in advance during the Term
    • 3.4 The applicable SSL Certificate Charges must be paid before the Company will attempt to register an SSL Certificate.
  • 4. Term of Schedule
    • 4.1 This Schedule will come into force on the date of execution of the relevant Order Form, and will continue in force until cancelled in accordance with Paragraph 4.2 or 4.3.
    • 4.2 This Schedule (and the provisions of any Order Form relating to this Schedule) will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.
    • 4.3 Either party may cancel this Schedule (and the provisions of any Order Form relating to this Schedule) by giving to the other party at least 30 days’ written notice of cancellation.