South West Design Studio Limited provides website design, development, hosting, email & application hosting and additional services. South West Design Studio Limited reserves the right to suspend or cancel a customer's access to any or all services provided by South West Design Studio Limited when South West Design Studio Limited decides that the account has been inappropriately used or otherwise.
Our business is continually evolving and as such we reserve the right to change our Terms and Conditions when necessary. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By signing up for and/ or otherwise accessing any of the services or products offered by South West Design Studio Limited you agree to be bound by all the Terms and Conditions listed here. These Terms and Conditions supersede all earlier versions. To the extent that You are deemed to be a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR), these conditions will not affect your rights and will only apply to the extent that applicable law allows.
These Terms & Conditions and any information relating to the Service/Package purchased from South West Design Studio Limited forms the Agreement between Us.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.
By placing an order with South West Design Studio Limited, you confirm that you are in agreement with and bound by our terms and conditions.
The Client : The company or individual requesting the services of South West Design Studio Limited.
South West Design Studio Limited: Primary designer/site owner & employees or affiliates.
South West Design Studio Limited will carry out work only where an agreement is provided either by email, telephone, mail or fax. South West Design Studio Limited will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between South West Design Studio Limited and the client, this includes telephone and email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, South West Design Studio Limited cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of South West Design Studio Limited until all outstanding accounts are paid in full.
Any scripts, applications, or software (unless specifically agreed) written by South West Design Studio Limited remain the copyright of South West Design Studio Limited and may only be commercially reproduced or resold with the permission of South West Design Studio Limited.
South West Design Studio Limited cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any coding additions to website briefs provided will be carried out at the discretion of South West Design Studio Limited and may carry an additional cost. Where no charge is made by South West Design Studio Limited for such additions, South West Design Studio Limited accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to South West Design Studio Limited all materials required to complete the site to the agreed standard and within the set deadline.
South West Design Studio Limited will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
South West Design Studio Limited will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
South West Design Studio Limited will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
South West Design Studio Limited will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
In no event shall South West Design Studio Limited be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of
their networks and equipment.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out unless otherwise agreed by us.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
Database, Application and E-Commerce Development
South West Design Studio Limited cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by South West Design Studio Limited remain the copyright of South West Design Studio Limited and may only be commercially reproduced or resold with the permission of South West Design Studio Limited.
Where applications or sites are developed on servers not recommended by South West Design Studio Limited, the client is expected to provide or seek any information,additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by South West Design Studio Limited before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, South West Design Studio Limited will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
South West Design Studio Limited will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. South West Design Studio Limited can offer no guarantees of correct function with all browser software as they constantly change.
Whilst South West Design Studio Limited recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by South West Design Studio Limited cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
South West Design Studio Limited reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
South West Design Studio Limited reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out unless agreed otherwise by us. It is the South West Design Studio Limited policy that any outstanding accounts for work carried out by South West Design Studio Limited or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with South West Design Studio Limited.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or South West Design Studio Limited have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Anyone who experiences a problem with their web service provided by South West Design Studio Limited should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
South West Design Studio Limited will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to South West Design Studio Limited, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 daysand any subsequent remedy implemented with the minimum of delay.
General Terms and Conditions
1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.
1.2 "South West Design Studio" means South West Design Studio Limited with registered office at Dells Barn, Great Skewes, St Wenn. Bodmin. Cornwall. PL30 5PS.
1.3 "Package" means a collection of Services.
1.4 "Pay As You Go" means South West Design Studio Limited no minimum term commitment monthly payment option.
1.5 "Prices", "Charges" or "Fees" means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 "Services" means the Services to be provided by South West Design Studio Limited.
1.7 "You/Your" means the person or company who purchases Services from South West Design Studio Limited.
2. Duration and Automatic Renewal of Services
2.1 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required on a monthly basis are provided for a fixed annual (i.e. 12 month) term.
2.2 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required annually in advance shall be provided for a fixed annual (i.e. 12 month) term. The contract will automatically renew on its anniversary date and continue for successive further 12 month periods, unless terminated in accordance with these Terms & Conditions.
2.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, all Services for which payment is required biennially in advance shall be provided for a fixed biennial (i.e. 24 month) term. The contract will automatically renew on its anniversary date and continue for successive further 24 month periods, unless terminated in accordance with these Terms & Conditions.
2.4 Please be aware that unless You terminate the Services in accordance with clause 3 below, the Services will automatically renew on the anniversary date of the contract for a successive contract term and You will be responsible for a further 12 or 24 months Prices whichever is applicable. If you choose to terminate the Services any time after the anniversary date of the contract You will still be required to pay the Prices for the remaining period of the then current term of the contract.
3.1 You are entitled to cancel the Services by submitting a cancellation request to our support team via email@example.com no less than 14 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services or Package you have purchased.
3.2 South West Design Studio Limited reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these Terms & Conditions our Acceptable Use Policy.
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that South West Design Studio Limited cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with South West Design Studio Limited, a refund will not be issued in the event of a cancellation.
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased "Pay as You go" Services or Packages then payment will be required monthly in advance. If You have purchased Services on an annual (12 month) or biennial (24 month) basis then You will be required to pay pursuant to the payment plan You selected, either paying annually or biennially in advance or by way of monthly installments in advance throughout the year.
5.3 You will be automatically charged the Price again on the anniversary date of the contract term unless You have cancelled the Services in accordance with South West Design Studio Limited' cancellations procedure set out in clause 3 above.
5.4 South West Design Studio Limited reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
5.6 South West Design Studio Limited reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until South West Design Studio Limited accepts Your cancellation request. You are responsible for any additional costs incurred by South West Design Studio Limited in the collection of outstanding debt.
5.7 You are required to have a valid email address registered to Your account at all times, failure to do so will result in automatic suspension of Your account.
5.8 PayPal - Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and South West Design Studio Limited makes no representations or warranties with respect to those Services.
5.9 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly before the purchase or automated renewal transaction is due.
5.10 If You fail to pay all Prices due, South West Design Studio Limited reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to South West Design Studio Limited.
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") You may be subject to a administration fee of £50, should South West Design Studio Limited deem the chargeback to be unfair. South West Design Studio Limited also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.
6.2 If a chargeback is made, South West Design Studio Limited reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to South West Design Studio Limited.
7. Appropriate Service use
7.1 South West Design Studio Limited reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 South West Design Studio Limited does not allow any content which breaches our Acceptable Use Policy to be stored on its servers:
7.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of South West Design Studio Limited.
7.4 South West Design Studio Limited reserves the right to move Your data to a different server with no previous notice.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for South West Design Studio Limited to perform routine maintenance. Such maintenance often requires taking South West Design Studio Limited Exchange servers off-line, typically performed during off-peak hours. South West Design Studio Limited will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult South West Design Studio Limited.
9.2 Please note we may require suspension of some of South West Design Studio Limited Services for short scheduled periods to carry out maintenance or repair to South West Design Studio Limited Services.
10. Reselling of Services
10.1 All Services are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.
11. Your personal details
11.1 Please note that whilst Your email is primarily used for billing purposes, South West Design Studio Limited reserves the right to email You information about enhancements to South West Design Studio Limited systems and product offerings.
11.2 We will not provide any of Your personal information to other companies or individuals without Your permission. However, we may need to provide Your name and delivery address to third parties that South West Design Studio Limited may use for the purposes of delivering specific Services to You.
12. South West Design Studio Limited Disclaimers and Warranties
12.1 South West Design Studio Limited does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, South West Design Studio Limited cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by South West Design Studio Limited and its employees.
12.2 South West Design Studio Limited makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
12.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
12.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
13.1 South West Design Studio Limited shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
13.2 South West Design Studio Limited will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
13.3 No matter how many claims are made and whatever the basis of such claims, South West Design Studio Limited' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
13.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of South West Design Studio Limited, its employees or its sub-contractors.
13.5 South West Design Studio Limited shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
13.5.1 interruptions to the flow of data to or from the internet;
13.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
13.5.3 the effects of the failure or interruption of Services provided by third parties;
13.5.4 factors outside of South West Design Studio Limited' reasonable control;
13.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
13.5.6 problems with Your equipment and/or third party equipment;
13.5.7 interruptions to the Services requested by You.
14. Force Majeure
14.1 South West Design Studio Limited shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of South West Design Studio Limited (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
15.1 The failure of South West Design Studio Limited to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by South West Design Studio Limited of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
16.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
17.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by South West Design Studio Limited to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
18. Governing Law
18.1 Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
19. Legal Fees
19.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
20.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of South West Design Studio Limited. However, in the event that South West Design Studio Limited consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
21. Entire Agreement
21.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
22. Amendment in Writing
23. Further Assurances
23.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
24. Relationship of the Parties
24.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
25. Joint and Several Obligations
25.1 If any party consists of more than one entity, their obligations here under are joint and several.
26. No Third Party Beneficiaries
26.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
27.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. South West Design Studio Limited will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of South West Design Studio Limited as reflected in the original provision.
The following terms and conditions apply to South West Design Studio Limited email Services.
1. Use of Microsoft Outlook Software
1.1 South West Design Studio Limited Exchange Mail accounts include licensing for Outlook Client Software. The license fee is included in the monthly South West Design Studio Limited Service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased on a monthly basis for each user. If You cancel Your South West Design Studio Limited Exchange Mail account You are responsible for uninstalling any Outlook software that is licensed to You as part of the South West Design Studio Limited Service.
2. Size of mailbox
2.1 Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though Your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. South West Design Studio Limited cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your control panel.
3. Service availability
3.1 South West Design Studio Limited monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages.
4.1 South West Design Studio Limited makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies. We make every reasonable effort to ensure the integrity of data on South West Design Studio Limited systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to South West Design Studio Limited. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
5. Anti-virus checking
5.1 South West Design Studio Limited installs anti-virus software on its email servers. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the South West Design Studio Limited platform are not checked.
6. Anti-SPAM message filtering
6.1 South West Design Studio Limited runs anti-SPAM software on its email servers for all mailboxes.
6.2 South West Design Studio Limited also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM.
7. Use of email account
7.1 If South West Design Studio Limited identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all Services to the domain as appropriate.
7.2 For details of what is not allowed by South West Design Studio Limited and South West Design Studio Limited spam/ illicit material policies please see South West Design Studio Limited Acceptable Use Policy.
8. Email retrieval and timescale
8.1 South West Design Studio Limited' policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP "Trash" folders will be deleted automatically after 7 days. Such mail is checked daily y; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. South West Design Studio Limited does not accept any responsibility whatsoever for any deleted mail.
1 The following terms and conditions apply to the domain registration Service:
1.1 You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that South West Design Studio Limited may modify this Agreement as necessary from time to time to comply with any agreements by which South West Design Studio Limited is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.
1.2 Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
2. Domain Name Registration
2.1 You represent that, to the best of Your knowledge and belief, neither the registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
2.2 If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
2.3 By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms & Conditions.
3. Name restrictions.
3.1 Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
4.1 In consideration for South West Design Studio Limited providing domain name registration Services to You, You agree to pay South West Design Studio Limited, prior to the approval of the desired domain name registration, the amounts set forth in the South West Design Studio Limited Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
4.2 Your application will not be registered until South West Design Studio Limited receives actual payment of the registration fee. If South West Design Studio Limited does register a domain name prior to payment of the registration fee, South West Design Studio Limited reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
4.3 All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
4.4 In the event of a charge back by a credit card company or other payment provider authorized by South West Design Studio Limited, the domain name registration shall be transferred to South West Design Studio Limited as the paying entity for the registration. South West Design Studio Limited may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.
4.5 Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.
5.1 This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.
5.2 To ensure Your domains are not lost we operate a positive renewal system on all South West Design Studio Limited domains - Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through by emailing us. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times - failure can lead to suspension.
5.3 South West Design Studio Limited' domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.
5.4 For .uk domains You can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.
6.5 Ownership of data
6.5.1 You agree and acknowledge that South West Design Studio Limited owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which South West Design Studio Limited acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
6.5.2 South West Design Studio Limited does not have any ownership interest in Your specific personal registration information outside of Your right in South West Design Studio Limited domain name database.
6.6 Transfer of ownership
6.6.1 The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of Your domain name to another person (the Transferee") You shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by South West Design Studio Limited in South West Design Studio Limited sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by South West Design Studio Limited in South West Design Studio Limited sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
7. Domain name dispute policy
7.1 You agree to be bound by the Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document. Domain Name Dispute Policy
7.2 The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
8. Domain name registration information and its use
8.1 Information You are required to Submit
8.1.1 As part of the registration process, You are required to submit to South West Design Studio Limited and keep updated the following information in connection with Your application for domain name registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
8.1.2 You shall provide and maintain updated information at all times with South West Design Studio Limited. South West Design Studio Limited at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
8.1.3 South West Design Studio Limited may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which South West Design Studio Limited makes available to domain name registrants.
8.2 Additional Information Maintained about Your Registration
8.2.1 In Addition to the information You provide, we maintain additional information relating to Your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to South West Design Studio Limited and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.
8.3 Obligations Relating to Data Provided by You
8.3.1 If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.
8.4 Disclosure and Use of Registration Information
8.4.1 You agree to authorize South West Design Studio Limited to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree South West Design Studio Limited may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through South West Design Studio Limited's WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.
8.4.2 In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that South West Design Studio Limited may or must make available to the public or to private entities, and the manner in which such information is made available.
8.4.3 You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.
8.4.4 We will not process any data about any person that we obtain from You in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from You from South West Design Studio Limited loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
8.5 Agents and licences
8.5.1 You agree that in the event You register a domain name for another entity, You represent that You have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
8.5.2 You acknowledge and agree that if You license the use of Your registered domain name to a third party, You remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.
8.5.3 In any circumstance where You are registering a domain for a third party, You agree that You must (in advance):
(a) Make Your customers aware of the Prices associated with domain name registration, renewal and maintenance.
(b) Give details of the domain name related Services You provide, which are relevant to this customer, information on how to invoke the Service, any Prices payable and how long You take to carry out the Service.
(c) Make Your customers aware of changes to Your Prices.
(d) Detail the method, availability and cost of customer Service provided.
(e) Act quickly after getting a request from Your registrant to take some action for them; and
(f) Update their details soon after You know that the current ones are out of date or wrong.
8.6 Registrant Data
8.6.1 You must not knowingly provide poor quality Registrant data. If You find out that a Registrant has provided poor quality data You should attempt to correct the data.
8.6.2 Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly.
8.6.3 If You receive a request to register a domain name for a customer You must register the domain name in Your customer's name. You may only register the domain name in Your or Your organisation's name with the explicit prior written consent of Your customer.
8.6.4 You agree that if You register a domain on behalf of a third party, South West Design Studio Limited can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
8.7 Limitation of liability
8.7.1 You agree that South West Design Studio Limited shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if South West Design Studio Limited has been advised of the possibility of such damages, and in particular South West Design Studio Limited will not be liable for the following:
(a) suspension or loss of Your domain registration;
(b) use of Your domain name registration;
(c) interruption of Your business;
(d) access delays or interruptions to any web sites accessed by Your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of South West Design Studio Limited;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.
8.7.2 South West Design Studio Limited shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
8.7.3 South West Design Studio Limited's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).
8.8 Indemnification of South West Design Studio Limited
98.8.1 You agree to defend, indemnify and hold harmless South West Design Studio Limited and the registry administrator, including South West Design Studio Limited and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
8.8.2 You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold South West Design Studio Limited harmless pursuant to the terms and conditions contained in the Dispute Policy.
8.9 Representations and warranties
8.9.1 You represent and warrant that:
(a) all information provided in connection with Your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
8.9.2 You acknowledge and agree that all domain name registration Services provided to You by South West Design Studio Limited are provided on an "as is" basis. South West Design Studio Limited makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. South West Design Studio Limited makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.
8.10 Breach and revocation
8.10.1 South West Design Studio Limited reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) You use Your domain name in connection with material that is slanderous to UKreg, South West Design Studio Limited or other associated companies.
8.10.2 You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including South West Design Studio Limited) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by South West Design Studio Limited, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
8.10.3 You also agree that South West Design Studio Limited shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as South West Design Studio Limited receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
8.10.4 You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to South West Design Studio Limited' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
9. No Guarantee
9.1 You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
Acceptable use policy
This policy is subject to change, so please check regularly for updates. This policy is in addition to South West Design Studio Limited Terms & Conditions.
Use of Services
1.1 South West Design Studio Limited reserves the right to suspend or cancel a customer's access to any or all Services provided by South West Design Studio Limited, where South West Design Studio Limited decides that the account has been inappropriately used. South West Design Studio Limited reserves the right to refuse Services and/or access to its servers to anyone.
1.2 South West Design Studio Limited offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3)
1.3 South West Design Studio Limited offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, South West Design Studio Limited reserve the right to restrict the number of mailboxes included in the package price.
1.4 South West Design Studio Limited reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.
1.5 South West Design Studio Limited will suspend access to, or cancel, an account which:
1.5.1 Contains invalid or fraudulent details.
1.5.2 Initiates a payment card chargeback.
1.6 You agree;
1.6.1 not to re-sell or offer for the use of third parties any part of our services.
Acceptable use guidelines
2.1 You may not use the Services:
2.1.1 in any way that breaches any applicable regulation , UK or International law.
2.1.2 in any way that is fraudulent;
2.1.3 to host any material which is in breach of our content guidelines (see section 3);
2.1.4 to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)
2.1.6 to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for South West Design Studio Limited to prove that You do not.
2.1.7 to participate in any file-sharing/peer-to-peer activities;
2.1.8. as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.
2.1.9 to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed
2.1.10 to use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
2.1.11 to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. South West Design Studio Limited reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of South West Design Studio Limited.
2.1.12 to redirect users from a non-.XXX website to a .XXX website
3.1 These content guidelines apply to any and all services provided by South West Design Studio Limited to You .
3.2 Material published to or transmitted through our servers must:
3.2.1 be accurate (where stating facts);
3.2.2 comply with applicable law in accordance with section 2.1.1 of this policy.
3.3 Material must not:
3.3.1 be defamatory of any person;
3.3.2 be obscene, offensive, or inflammatory;
3.3.3 contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of South West Design Studio Limited.
3.3.4 material hosted on .XXX domains must not breach any of the IFFOR policies. These include, but are not limited to:
i. .XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the United Nations Convention on the Rights of the child.
ii. .XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognised third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring.
iii. No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behaviour, in accordance with specifications and policies issued by IFFOR from time to time.
iv. No registrant may register an abusive string in the sTLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.
3.3.5 infringe any copyright, or trade mark.;
3.3.6 be likely to deceive any person;
3.3.7 promote or assist any illegal activity;
3.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.3.9 be used to to misrepresent your identity or affiliation with any person or organization ;
3.4 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of South West Design Studio Limited Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use South West Design Studio Limited Services, and may result in our taking all or any of the following actions:
4.2.1 immediate, temporary or permanent withdrawal of your right to use South West Design Studio Limited Services;
4.2.2 immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;
4.2.3 issue of a warning to you;
4.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.2.5 further legal action against you; or
4.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5.1 South West Design Studio Limited have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
6. Contact Information
6.1 We are happy to answer any questions You may have regarding Your South West Design Studio Limited Services. Please note that any discussions with South West Design Studio Limited Internet Ltd are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.