The following words have specific meanings in this contract;
“Bandwidth” means the rate and quantity of data transmitted in bits per second.
“Contract” means the Contract between DomainsFoundry and the User incorporating these conditions, the DomainsFoundry Order Form (where completed) and DomainsFoundry‘s published charges for the provision of its Services.
“Fees” means the fees for the Services as agreed on the Order Form (where completed) and the prices as displayed on our website.
“Intellectual Property Rights” means any copyright, design rights, trade marks, patents service marks or any other intellectual rights.
“Services” means web hosting, reseller hosting, email, dedicated servers, virtual servers, domain name registration and any other services provided by DomainsFoundry to the User.
“DomainsFoundry” refers to DomainsFoundry, a trading name of Ecenica Limited, a company registered in England and Wales who’s company number is 5069389.
“User”, “Users” means you the customer or any other person or entity which makes use of the services though you or on your behalf;
By signing-up and placing an order with DomainsFoundry you warrant that;
- You are at least 18 years old.
- You are legally allowed to enter into a binding Contract.
- You have authority if ordering on behalf of a company or business to bind that company to the Contract.
- You can only order Services from DomainsFoundry once you have successfully registered an account.
- The information provided when registering an account must be valid and accurate.
- You agree DomainsFoundry can block access to or supply of Services at any time if we reasonably believe the information you have supplied is inaccurate or incomplete.
- You agree to keep your username and password secret at all times and not allow anyone else to use it. You must contact us immediately if you believe your username and password has been made available to someone else.
- Before you submit your order you will be shown a summary screen including details of the Services and the price payable. You have the chance to identify and correct any input errors in your order.
- After ordering we will setup the Services and will send you a secure message with the details of the Services you have ordered.
- You can view and print a copy of your invoices from our website by logging into your account.
- By placing your order for Services you agree to us starting supply of Services before the end of the seven working day cancellation period specified in the Consumer Protection (Distance Selling) Regulations 2000. As such, If you are buying as a consumer and not on behalf of a business you will not have the right to cancel the contract under the Consumer Protection (Distance Selling) Regulations 2000.
30 Day Guarantee and Refund Policy
- The DomainsFoundry 30 Day Guarantee applies to Web Hosting (also known as shared-hosting) plans only.
- Web Hosting packages purchased from DomainsFoundry may refunded only if cancelled within the following timeframe:
2.1 30 Days from the purchase date for Web Hosting packages purchased for a term of 12 months or more.
2.2 48 Hours from the purchase date for monthly, quarterly, or semi-annual (Less than 12 months) Web Hosting packages
- You may cancel your Web Hosting service at any time, but a refund under our Guarantee will only be issued if you request a refund via support ticket with DomainsFoundry customer services within the timeframe specified in clauses 2.1 and 2.2.
- To cancel the Contract for your Hosting Service you must login to your DomainsFoundry Dashboard and submit a cancellation request to us via support ticket. We will then contact you via our support ticket system to confirm your cancellation request and provide a unique cancellation link for your service. You must confirm your cancellation by submission of a completed cancellation request form within the timeframe specified in clauses 2.1 and 2.2 or we will continue to supply the Hosting Service.
- We will only refund the payment card used when ordering the cancelled Hosting Service. No other cards or payment methods will be accepted.
- The guarantee is limited to once per customer and applies to your first eligible order only.
- Renewal and upgrade orders are not covered.
- Services that are not covered by our 30 Day Guarantee include (but are not limited to):
8.1 Domain Registrations and Domain WHOIS Privacy Services.
8.2 Cloud and Dedicated Servers.
8.3 Email Hosting packages.
8.4 SSL certificates.
8.5 ‘Add on’ or ‘Bolt-on’ products, Paid Support or Migration fees.
8.6 Web Design or any other miscellaneous, administrative, or professional fees.
8.7 Set-up fees.
- If your purchased Web Hosting service includes a free domain name, the list price for the domain name will be deducted from the refund amount.
- Our 30 Day Guarantee does not cover accounts which have violated our Terms and Conditions or acceptable usage policy.
- Our Guarantee does not apply to Hosting Services which have used our Free Website Migration service.
- Customers can only use the DomainsFoundry 30 Day Guarantee once, and for only their first DomainsFoundry account.
- Refunds under our Guarantee will be made to the original payment card only.
Fees and Payment
- Service Fees will be as quoted on our website or order form, except in cases of obvious error. All prices shown on our website exclude VAT unless stated.
- The total price of your Services will be set out clearly on the order form.
- DomainsFoundry reserves the right to change the Fees of it’s Services at any time. We will notify you in writing at least fourteen (14) days before any price increase becomes effective. If the fee increase is 20% or greater then you have the right to terminate the Contract. If you do not cancel it will be deemed that you accept the new Fees.
- With a large range of Services available to order through our website there is always the possibility that a pricing error can occur and an incorrect price is shown on our website or in any marketing material. If the correct price is lower than the incorrect price we will charge the lower price. If the correct price is higher than the incorrect price then we will contact you to notify of the error. We have no obligation to provide Services to you at the incorrect price.
- After submitting your order you may pay for your Services using credit card, debit card, PayPal, Google Checkout or other means we provide. We will request and take payment immediately after your order has submitted. If your order is rejected for any reason then we will cancel that transaction and refund any payment made.
- You commit to pay for the Service for the whole of the Minimum Contract Term. This applies even if you pay by monthly payments. You must not cancel a direct debit, PayPal subscription or any other monthly payment method without first cancelling your Services. If you fail to fulfil the Minimum Contract Term we will proceed to recover any outstanding payments due by other means including appropriate legal action.
- Payment for your Services will only be stated as taken once we have received cleared funds. If your payment has not been authorised or has been declined then we may suspend or terminate any Services provided.
Quality of your Service
- We aim to provide great quality hosting so we warrant that any of our Services purchased via the DomainsFoundry website will be provided with reasonable care and skill subject to the other provisions of our terms and conditions.
- We will not be liable to a breach in the warranty stated in clause unless;
- You send notice in writing via our support ticket system of any breach
- We are given a reasonable opportunity to look into the provision of your Services after receiving your notice
- We will not be liable to a breach in the warranty stated in clause if;
- You have not followed our oral or written instructions for the use of your Services
- You have altered or modified the Services without our consent.
- The problem has arisen because of misuse.
- If we are in breach of the warranty we will use all reasonable commercial efforts to remedy the breach promptly. If this cannot be done then we will provide a pro-rata refund of any Service Fees. This is the sole and exclusive remedy to a breach of the warranty stated in clause. We do not warrant that your use of the Services will be uninterrupted or error-free.
- During your time with us we will reserve the right to update, upgrade or modify your Services at any time without notice to you provided that the modification does not adversely affect your access to or use of your Services or detract from the overall performance. Any change that may have an adverse effect or may detract from the overall performance will be notified to you at least fourteen (14) days prior to the change taking effect.
- You accept that you will not rely on any statement, promise or representation made or given by or on our behalf which is not set out on our website or confirmed in writing by DomainsFoundry.
Access and use of your Service
- You accept that you are responsible for notifying and ensuring all persons who access or use your Services comply with these terms and conditions and our acceptable use policy.
- As part of your Hosting Service we will, with reasonable endeavour, make our servers available to you for one hundred (100) per cent of each calendar month. We do not warrant that access to our servers will be uninterrupted or error free but we will endeavour within reason to keep downtime to a minimum. We shall provide advanced notification of all scheduled and emergency outages via our server status page.
- Service credits or refunds are not provided for any form of downtime or service unavailability.
- It is you responsibility to maintain backups of any data you upload or have uploaded on your behalf onto our servers.
- We will follow our backup and archival procedures outlined on our website. In the event of any loss or damage to our servers we will use reasonable commercial efforts to restore data, including your personal data, from the latest, valid back-up we have. We will not be responsible for any loss, destruction, alteration or disclosure of your data caused by you or any third party.
- If you have a question or problem related to your Services or account then you can send a support ticket using our support ticket system, which is available twenty-four (24) hours a day, seven (7) days a week, free of charge.
- Our team of support staff will gladly help resolve any problem or answer any question you have with your Services or account. We are under no obligation to provide programming support, code updates or support for third-party equipment or software outside of our Services.
- All DomainsFoundry domain registrations are bound by our Domain Name Registrant Agreement and relevant 3rd Party terms.
Intellectual Property Rights
- You or your licensor retain all intellectual property rights for any files published on your website or in your emails. You grant us the license to store and maintain your files on our servers and publish on Internet for the purpose of providing the Hosting Service to you on worldwide, non-exclusive and royalty free basis.
- You warrant that all files or data uploaded to, or stored on your Hosting Service do not infringe the intellectual property rights of any third party.
- You will defend, indemnify and hold DomainsFoundry harmless against claims, actions, proceedings, losses, damages, expenses and costs including court costs and reasonable legal fees arising out of any claim or action that your use of your Services or your data infringes, or allegedly infringes, the intellectual property rights of a third party.
- We retain all intellectual property rights related to the Services other than your data or files therefore you must not decompile, disassemble or reverse engineer our Services or software.
- We do not monitor and do not have any liability for your files and data and any communication you transmit or allow to be transmitted through the use of your Services.
- We shall not be liable for the protection of the privacy of email or any other information transferred through the internet or any network provider and no guarantee or representation is given that your Hosting Services will be free from hackers or unauthorised users.
- You shall be liable for the content of any emails, files, data or information transmitted through or uploaded to your Hosting Service and will be responsible for ensuring compliance with all relevant legislation including privacy laws, regulations or guidance notes.
- All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions or linked documents are hereby expressly excluded.
- We do not exclude or limit our liability in any way;
- For death or personal injury is caused by our negligence
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- where it would be illegal for us to exclude, or attempt to exclude, our liability
- We will not be liable directly, indirectly or consequentially for;
- Loss of income or revenue
- Loss of software or data
- Wasted expenditure (including marketing costs)
- Loss of business
- Loss of profits or contracts
- Loss of anticipated savings
- Loss of goodwill
- Wasted time
- We shall not be liable for the acts or omissions of third party providers of service or for faults in or failures of their apparatus.
- All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 14.a.ii
- Our maximum aggregate liability to you for any claim in Contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall in not exceed one hundred percent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question.
- You are advised to acquire and maintain adequate insurance cover to protect you and your business in the event of interruption of the Services or data loss.
Minimum term and Cancellation of the Services
- All Services other than domain name registrations or domain name renewals will commence on the date we notify you that the Services have been successfully setup. They shall continue for the minimum period of time that applies to the Service you have ordered as set out on our website and confirmed during the order process (Minimum Term).
- By renewing your service you commit to a new contract and new Minimum Term for your Service which will be stated on our website and on the renewal confirmation we send to you.
- With seven (7) days advanced notice you may cancel your Service by login to your DomainsFoundry Dashboard and submission of a support ticket requesting a cancellation of your service. We will contact you via our support ticket system to confirm your cancellation request and provide a unique cancellation link for your service. You must confirm your cancellation by submission of a completed cancellation request form before the renewal date or we will continue to supply the Service and your cancellation will not take affect.
- Domain names registered or renewed will commence on the date we notify you that the domain name has been successfully registered. It shall continue for the minimum period of time that applies to the domain name you have ordered as set out on our website and confirmed during the order process (Minimum Term).
- By renewing your domain name you commit to a new contract and new Minimum Term for your domain name as stated on our website and on the renewal confirmation we send to you.
- You may cancel your domain name by logging in to your DomainsFoundry account and submitting a cancellation request any time before the renewal date. We will then contact you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the Hosting Service and your cancellation will not take effect.
- We will not provide you with a pro-rata refund for a cancellation that is part-way through a billing period.
- If you contravene any of these terms and conditions or linked documents, a refund will not be issued in the event of a cancellation.
Deletion of your data
- When you cancel your service we will immediately and permanently delete any data we hold or host related to the Services cancelled. It is your responsibility to take appropriate backups of any data before you cancel.
- Where the Service allows you to resell hosting packages or accounts then any such account you have disabled and which has remained disabled for at least thirty (30) days will be immediately and permanently deleted along with all data.
- Additional terms and conditions may apply to special offers. These will be publicly available on our website and you will be advised of them at the time of ordering.
- When you use our website you accept that the communication with us will be mainly or wholly electronic. We will communicate with you by email, support tickets or notifications on our website or websites related to DomainsFoundry. For this contract you agree to these electronic methods of communication and accept that any contracts, notices, information and other communications provided by these means comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
- All content transmitted by email or support tickets sent on our website or websites related to DomainsFoundry may be stored and used for marketing, training or legal purposes.
- All notices given by you to us must be given via our support ticket system.
Matters beyond our reasonable control
- We shall not be liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
- If we waive a breach of Contract by you, that waiver is limited to the particular breach. Any delay in us acting upon a breach is not to be regarded in itself as a waiver.
- If any of these terms and conditions or any provisions of the Contract are determined to be unlawful, invalid or unenforceable to any extent then the term, condition or provision will be severed and the remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law.
- These terms and conditions and any document expressly linked represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- By entering into the Contract we each acknowledge that neither party have relied on any representation, undertaking or promise given or implied from anything said or written in negotiations between us prior to entering the Contract.
Changes to these terms and conditions
- We reserve the right to revise and amend these terms and conditions at any time.
Ecenica Limited t/a DomainsFoundry. UK Company #05069389
86-90 Paul Street, London, EC2A 4NE
VAT number: GB836 4139 22
Last Update: 18 May 2018