3B Designs Services:
Upon receipt of cleared funds & text
in electronic format plus any photos or
logos etc you wish to be included in your
website we will publish your website within
a maximum of 20 working days. (A deposit
of a minimum of 50% of the total cost
is required prior to any work being carried
out). If there are any changes that you
require you can notify us in writing of
any changes within 5 working days of the
website being published. Upgrades and
additions are available at any time at
the published prices.
If you are still not satisfied after this
period and a compromise cannot be reached
you will be entitled to a refund minus
any costs incurred in the website design.
3B Designs DOMAIN NAME REGISTRATION &
WEB SITE DESIGN SERVICE AGREEMENT
This Agreement represents
the Terms & Conditions which apply
between the Registrant & 3B Designs
in relation to the provision of Domain
Name Registration Service, Web Site
design and Hosting. By entering into
a contract you are acknowledging these
terms & conditions & agree to
be bound by them.
ABOUT 3B Designs
3B Designs is entitled
to register internet domain registrations
for .com, .org, .net, .co.uk, .org.uk,
.me.uk, .info, .biz domain names.
When 3B Designs has
received the payment & relevant
domain name registration information
from you, 3B Designs will process your
application for registration. 3B Designs
will register the name for a period
of 2 years from the date of application
(.com for 1 year). Changes to registrations
will incur a charge at the relevant
rate at that time.
All domain name registrations
and their administration are overseen
by ICANN for .com, .org, and .net domain
names and Nominet for .co.uk, .org.uk,
.ltd.uk. .me.uk and .plc.uk domain names.
3B Designs are not liable for any disputes
between you and Nominet or ICANN.
THE DOMAIN NAME REGISTRATION
SERVICE
The Domain Name Registration
Service consists of the following:
(i) Domain Name Registration
(ii) Domain Name Parking
If requested, 3B Designs
will transfer the Domain Name to another
holding company subject to payment
of a release fee of £50.00 Hosting
can be transferred to another hosting
company upon receipt of the relevant
Domain Name Server (DNS) address and
is liable of charges of £49.00 to
cover costs. Domain Name registrant
information including registrant name
can be transferred at any time subject
to fees set out by Nominet plus costs.
EXCLUSIONS FROM THE
DOMAIN NAME REGISTRATION SERVICE
The following are specifically
excluded from the Domain Name Registration
Service:
(i) e-mail forwarding
(ii) any other form of e-mail service
provision
CONTACT WITH 3B Designs
You acknowledge and
recognize that all contact with 3B Designs
in the first instance should be made
via e-mail or telephone.
You agree that 3B Designs
is not obliged to offer telephone support
as part of your agreement.
FEES
- All fees relating to Domain Name Registration must be paid to 3B Designs before we will process your application.
- If 3B Designs registers a Domain Name before receipt of the registration fee, 3B Designs reserves the right to restrict use of this domain name until full payment has been received.
- A deposit of at least £50 or 20% (whichever is the greatest) must be paid before any work is started on a new site.
- Full payment will become due on completion of the site or completion of any upgrade.
- Fees may be paid by credit card through the Paypal system subject to a 4.5% surcharge. (Minimum £5.00). Invoices should be paid within 21 days of issue date (free of interest).
- Late payments (not paid within 21 days of invoice date) will incur interest charges at 25% (APR 28.07%) until cleared, plus £3.00 setup fee, charged on a daily basis from date of invoice. (Late Payment Of Commercial Debts (Interest) Act 1997).
- Release fees for Domain Names/Hosting is £99 per site and payable in advance of release.
- All uncleared payments (returned cheques) will incur an administration fee of £25.00
- 3B Designs reserve the right to suspend all sites belonging to any customer that has an unpaid invoice of 6 months or more. (Between 21 days and 6 months, Bandwidth will be reduced accordingly).
- There will be an administration fee of £75 to reinstate such sites.
- Partially finished sites will be charged for the time spent working on the site at £35 per hour. (This includes contracts that are terminated and sites that are not completed after 6 months due to non provision of material from the customer).
Standard rates for all
work at £35 per hour or part thereof.
ANNUAL FEES
Means a charge payable
each year (or every two years in the
case of Domain Name Registration) and
for which subsequent payments shall
be made on the same date each year or
every other year. 3B Designs reserves
the right to restrict use of domain
names and hosting until full payment
has been received. If payment is not
received within 30 calendar days of
renewal date all files will be removed.
A minimum fee of £20.00 will be charged
to re-instigate site.
QUOTES
All quotes are valid
for 14 days from date of issue
DISPUTE POLICY
You also agree that
in the event a domain name dispute arises
with any third party, you shall indemnify
and hold 3B Designs harmless pursuant
to the terms and conditions contained
in the Dispute Policy.
CHANGES TO REGISTRATION
AGREEMENT AND DISPUTE POLICY
You acknowledge that
any changes to the system of registering
and administering domain names instigated
by either ICANN or Nominet and to which
3B Designs adheres may require modification
of this Agreement and the Dispute Policy.
DOMAIN NAME REGISTRATION
INFORMATION AND ITS USE
You agree to provide
3B Designs with the following information
in order to process your domain name
registration:
(i) the domain name
to be registered;
(ii) the domain name holder's name and
mailing address;
(iii) the name, mailing address, email
address, telephone number, and fax number
of the administrative contact for the
domain name; and
(iv) the name, mailing address, email
address, telephone number and fax number
of the billing contact for the domain
name.
In Addition to the information
you provide, we maintain additional
information relating to your domain
name registration, including:
(1) the original creation
date of the registration;
(2) the date and time the registration
application was submitted to us and
the appropriate registry;
(3) communications constituting registration
orders, modifications, or terminations
and related correspondence;
(4) records of account for your domain
name registration, including dates and
amounts of all payments and refunds;
(5) the IP names and address of the
primary name servers and any secondary
name servers;
(6) the name, mailing address, email
address, telephone number, and fax number
of the technical contact for the domain
name;
(7) the name, mailing address, email
address, telephone number, and fax number
of the zone contact for the domain name;
(8) the expiration date of the registration;
and (i) other information regarding
all other activity regarding your domain
name registration and related services.
OBLIGATIONS RELATING TO DATA PROVIDED
BY YOU
If you are registering
a domain name on behalf of a third party,
you hereby confirm that you have received
their prior written consent to do so
and their agreement to these terms and
conditions. You hereby indemnify 3B
Designs against any actions or legal
proceedings from any third parties relating
to any such registrations.
DISCLOSURE AND USE OF
REGISTRATION INFORMATION
This agreement authorises
3B Designs to provide any information
to ICANN and Nominet as required for
their administration purposes.
This means that the
information detailed in paragraphs (i),
(ii) and (iii) of section 8 shown above
may be displayed publicly through a
WHOIS enquiry.
You hereby irrevocably
waive any and all claims and causes
of action you may have arising from
such disclosure or use of the domain
name registration information.
3B Designs agrees that
any information received by yourselves
will not be used in any way except for
the purposes stated in this agreement.
3B Designs will take
reasonable precautions to ensure that
any information provided by you is protected
against loss, misuse, unauthorized access
or disclosure, alteration or destruction.
LIMITATION OF LIABILITY
You agree that 3B Designs
shall, under no circumstances, be liable
for any damages resulting from loss
of profits, arising out of or in connection
with this Agreement. In particular 3B
Designs 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 3B Designs;
(g) processing of an application for
domain name registration; or
(h) any loss incurred by using the Paypal
payment collection system.
3B Designs 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.
3B Designs's maximum
aggregate liability shall not exceed
the greater of:
(a) the total amount paid by you for
registration of the domain name; and
(b) £20.00 (UK Pounds)
INDEMNIFICATION OF 3B
Designs
You agree to indemnify
3B Designs against any action arising
from the registration or use of the
domain name or, any action arising from
information, graphics, pictures,
design or text
supplied by you and published on your
web site . You agree that 3B Designs
will not be responsible for infringing any copyright by using any
graphics, designs, pictures or text supplied or suggested by you. You agree that you have received permission to use any graphics, designs, pictures or text from any third parties before you supply it to 3B Designs.
BREACH AND REVOCATION
3B Designs reserves
the right to suspend, cancel, transfer
or modify your domain name registration
in the event that:
(a) you materially breach this Agreement;
(b) provide false or inaccurate information;
(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; or
(d) grounds arise for such suspension,
cancellation, transfer or other modification
as provided in this Agreement.
FORCE MAJEURE
3B Designs shall not be liable for any
delay or failure in performance of its
obligations under this Agreement which
is due to or results from any acts,
events, omissions, happenings or non-happenings
beyond its reasonable control including
acts of God, strike, work stoppages,
governmental regulations, acts or directives,
war, riot, fire, flood, civil commotion,
equipment or facilities shortages or
delays which are experienced by providers
of internet services generally, or any
circumstances beyond its reasonable
control.
GOVERNING LAW
Except as otherwise set forth in the
Dispute Policy with respect to disputes,
this Agreement, shall be governed by
and construed in accordance with the
laws of the United Kingdom.
MAILING LISTS
Mailing lists must
conform to the conditions
in place as set out below.
Anyone operating a mailing list should
first pay careful attention to our
terms and conditions and ensure that
all mailing lists comply with the rules
set out below (those marked with an
asterisk are requirements meaning
that mailing lists not abiding with
the points marked with an asterisk will
not be permitted).
NO SPAM *
It goes without saying that our servers
are not to be used to send spam email
(unsolicited bulk email).
NO Safelists or Purchased lists *
We do not allow 'safe lists' or other
similar schemes whereby advertisers
trade email contacts. In addition
to this, the vast majority of email
address lists available for sale on
the internet as 'legitimate opt-in
lists of contacts who have agreed to
be sent advertising emails' are fake
and will lead to large
numbers of spam reports so we do not
allow the use of these purchased lists
- all addresses on a mailing list must
agree to be sent emails specifically
with the website sending the emails.
MUST BE Double Opt-In *
An opt-in method of list subscription
is where the subscriber asks to be
put on the list by, for example, entering
their email address in a website form
to become subscribed.
We require that list administrators
employ double opt-in methods whereby
the subscriber has to authorise being
added to the list after submitting
their email address. This usually
takes the form of an automated email
being sent to the address submitted
where a link needs to be clicked to
confirm the subscription.
Not only does this get extra confirmation
from the client, it also ensures that
the email address is valid (avoiding
problems with email bounces when sending
to the list) and also that the email
address is owned by the person subscribing
(avoiding problems with people entering
addresses not owned by them on website
forms).
List administrators are also asked
to keep evidence/logs of the date and
method that subscribers agreed to be
included in the mailing list.
MUST CONTAIN Unsubscribe Instructions
*
All emails sent to the mailing list
must contain clear instructions
for unsubscription, ie not tiny text
or otherwise hidden away within the
email content . At a minimum, subscribers
should be able to unsubscribe at any
time by emailing to request this with
unsubscription requests processed in
a timely fashion.
We strongly recommend that list administrators
implement an automated weblink unsubscription
whereby all mailings contain a "click
here to unsubscribe" link which
will allow the user to be removed from
the list in one click with no human
intervention. This will also allow
us to process unsubscriptions if any
subscribers send in spam complaints
and be more reliable as most do not
feel comfortable replying to an email
they consider as unwanted.
We do not force list administrators
to use a weblink method of unsusbscription
but should any list generate regular
spam complaints we do reserve the right
to insist on this method of unsubscription
for future mailings on our server.
MUST BE Single Opt-Out *
We ask that those operating mailing
lists allow unsubscriptions (opt-out's)
with no email confirmation or other
additional tasks required by those
unsubscribing. If a subscriber clicks
the unsubscribe link or request unsubscription
their email address should then be
removed from the database with no email
confirmation or other tasks required.
NO Mailing List only hosting *
Mailing lists in use which send mailings
primarily advertising/promoting a website
not hosted with us are not permitted.
We offer the feature of being able
to operate mailing lists as an addon
service to our primary service of website
hosting so if a website is hosted with
a different web host we will not be
able to permit the hosting of a mailing
list for that website and we recommend
that the same hosting company who hosts
the website is also used to host the
mailing list.
Reasons for email
We recommend that all mailings contain
clear information detailing who the
email is from and why the subscriber
is being sent it (eg because the subscriber
asked to be kept informed via the list).
Also, in order to help greatly if spam
complaints do occur, we ask that the
subscribers email address is included
as text somewhere within the email
so we know who the complaint is from
and can be put in the email headers,
within the content or embedded within
the unsubscribe link (preferred method)
or elsewhere in the email. This is
because most blacklist notifications
remove the senders email address which
prevents us from knowing which email
address needs to be removed from the
database.
LEAFLET & FLYER
DISTRIBUTION
(a) Distribution cannot
start until payment terms have been
agreed and payment received (if applicable).
(b) All stock must be delivered or be
available for collection at least two
working days before the distribution
is due to start.
(c) The distribution is invoiced during
the week of delivery when normal payment
terms are then 5 days. 3B Designs has
the right to ask for pre-payment where
there have been previous problems of
late payments.
(d) Whilst we try our very best to obtain
the best percentage of coverage in area's
specified for delivery, this is not
always possible for a number of reasons.
Some area's, especially rural sectors
can be difficult to fully cover.
(e) Delays in distribution can occur,
especially during periods of bad weather.
We do everything possible to ensure
distributions are completed on time
and if should a delay occur we will
notify the client as soon as possible.
(f) 3B Designs is not responsible for
the costs of any stock or promotional
materials supplied to us under any circumstances.
(g) 3B Designs is not responsible for
any outcome of material delivered. Design,
wording and suitability of any advertising
materiel is the sole responsibility
of the client.
(h) Order confirmation and/or payment
is regarded as a clients acceptance
of the above.
STATUTORY RIGHTS
These terms &
conditions do not affect your statutory
rights as a consumer.
