Standard Terms and Conditions of Business

EBUSINESS UK LIMITED WEBSITE TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ebusinessuk.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      “Affiliate” means in relation to a legal entity (1) its ultimate holding company (2) its subsidiaries and (3) all other subsidiaries of its ultimate holding company as the terms “subsidiary” and “holding company” are defined by Section 1159 of the Companies Act 2006 as amended;
      “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
      “Intellectual Property Rights” means all intellectual property rights of any kind existing anywhere in the world whether or not registered and all applications, renewals and extensions of the same and whenever arising, registered or applied to be registered including without limitation, copyright, database rights, design rights, patents, trade-marks, service marks, trade names and other rights in goodwill, rights in know-how, trade secrets, algorithms and other confidential information;
      “System” means any online communications facility that We make available on Our Site either now or in the future.  This may include, but is not limited to, contact forms, email, and live chat; and
      “We/Us/Our” means EBUSINESS UK LIMITED, incorporated in England (Registered Number 03624171), and having its Registered Office at Capricorn House Capricorn Park, Blakewater Road Blackburn, Lancashire, BB1 5QR, and its respective Affiliates.
  2. Information About Us
    1. Our Site, is owned and operated by Us
  3. Access to Our Site
    1. Access to Our Site is free of charge.
    2. You must be at least 18 years old to use Our Site, if you are not 18 years old then you should stop using Our Site immediately.
    3. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    4. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  4. Intellectual Property Rights
    1. All Content included on Our Site and the copyright and other Intellectual Property Rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. You may:
      1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      2. Download Our Site (or any part of it) for caching;
      3. Print pages from Our Site;
      4. Download extracts from pages on Our Site; and
      5. Save pages from Our Site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
    6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  5. Links to Our Site
    1. You may link to Our Site provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. You may not link to any page other than the homepage of Our Site www.ebusinessuk.com. Deep-linking to other pages requires Our express written permission.
    3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information.
    4. You may not link to Our Site from any other site the content of which contains material that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive another person;
      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  6. Links to Other Sites
    Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  7. Use of Our System
    1. You may use Our System at any time to contact Us.  Please note the following; you must not:
      1. communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. submit information that promotes violence;
      3. submit information that promotes or assists in any form of unlawful activity;
      4. submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
      5. submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. submit information that is calculated or is otherwise likely to deceive;
      7. submit information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      8. misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
      9. imply any form of affiliation with Us where none exists;
      10. infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      11. submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    2. We may monitor any and all communications made using Our System.
    3. Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
    4. Any personal information sent to Us, whether through Our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and Our obligations under the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”), as set out in Clause 13.
  8. Disclaimers
    1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.
    2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    4. No part of Our Site is intended to constitute a contractual offer capable of acceptance.  No services are sold through Our Site and the details of services provided on Our Site are provided for general information purposes only.
    5. Whilst every reasonable effort has been made to ensure that all representations and descriptions of services available from Us correspond to the actual services available, minor variations or errors may occur.
  9. Our Liability
    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    3. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    5. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  10. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
  11. Acceptable Use Policy
    1. You may only use Our Site in a manner that is lawful.  Specifically:
      1.  you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2.  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3.  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4.  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
      1.  suspend, whether temporarily or permanently, your right to access Our Site;
      2.  issue you with a written warning;
      3.  take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4.  take further legal action against you as appropriate;
      5.  disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6.  any other actions which We deem reasonably appropriate (and lawful).
    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
  12. Privacy and Cookies
    Use of Our Site is also governed by Our Privacy Policy, available from www.ebusinessuk.com/privacy-policy. This policy is incorporated into these Terms and Conditions by this reference.
  13. Data Protection
    1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the GDPR and your rights and Our obligations under these regulations.
    2. We may use your personal information to:
      1. Reply to any communications you send to Us;
      2. Send you important notices, as detailed in Clause 14;
  14. Changes to these Terms and Conditions
    1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  15. Contacting Us
    To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.ebusinessuk.com/contact-us.
  16. Communications from Us
    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 2 business days for your new preferences to take effect.
  17. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the English courts.
  18. Domain Name Registration
    1. eBUSINESS UK LIMITED make no representation that the domain name the Client wishes to register is capable of being registered by or for the Client or that it will be registered in the Client’s name. The Client should therefore not assume registration of the Client’s requested domain name(s) until the Client has been notified that it has or they have been registered. Any action taken by the Client before such notification is at the Client’s risk.
    2. The registration and use of the Client’s domain name is subject to the terms and conditions of use applied by the relevant naming authority; the Client shall ensure that the Client are aware of those terms and conditions and that the Client comply with them. The Client shall have no right to bring any claim against eBUSINESS UK LIMITED in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by the Client to eBUSINESS UK LIMITED shall be non-refundable notwithstanding refusal by the naming authority to register the Client’s desired name.
      1. For all .UK domains registered with eBusiness UK, the client is also entering into a contract with the .UK registry, Nominet. The terms of the contract can be found here www.nominet.uk/go/terms.
    3. eBUSINESS UK LIMITED shall have no liability in respect of the use by the Client of any domain name; any dispute between the Client and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, eBUSINESS UK LIMITED shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. eBUSINESS UK LIMITED shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
    4. eBUSINESS UK LIMITED give no warranty that the Client’s domain name is or will continue to be available for the Client’s use or that no domain name is or will be registered which conflicts with the Client’s domain name or which otherwise affects the Client’s use of the Client’s domain name.
    5. eBUSINESS UK LIMITED shall not release any domain to another provider unless full payment has been received by us for that domain and any other Services and Facilities provided.
    6. Here at eBUSINESS UK LIMITED we like to think we get it right all the time, every time, but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to us at [email protected] including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and shall aim to resolve any issues within 5 business days. If you’re not happy with the initial outcome of your complaint and its regarding your .uk domain name, please feel free to escalate your issue to Nominet (the .uk registry) here: https://www.nominet.uk/resources/complaints/ All policies and rules that relate to the management of .UK domain names can be found here http://www.nominet.uk/resources/policy/policies-rules/#registrationterms.
    7. All domains are renewed every 2 years, eBusiness UK shall send an invoice at least 35 days prior to your domain name expiring. eBusiness UK shall send the invoice to the email address on the account, and it is the registrants responsibility to make sure their contact details are up to date. If you do not wish to renew a domain please make sure you contact us a minimum of 35 days prior to your domain expires by emailing [email protected] . Unless requests to the contrary are received, all domains are renewed automatically approximately 30 days before the domain name expires. If you request that you no longer wish to have your domain name renewed by us, it will be left to expire and all services eBusiness UK provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. eBusiness UK will not guarantee the renewal of a domain name after this happens. Domains are manually renewed by eBUSINESS UK. Registration and Renewal of a domain name are subject to the applicable terms and conditions as outlined in this section (2. Domain Name Registration).
    8. If you no longer wish to carry on with your contract with eBusiness UK, please email us no less than 30 days before your services are due to be renewed. eBusiness UK will not charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in eBusiness UK ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes.

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