Terms & Conditions
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 1 year from the date of application. 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.
You agree that 3B Designs is not obliged to offer telephone support as part of your agreement.
- 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 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.
Means a charge payable each year and for which subsequent payments shall be made on the same date each 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.
All quotes are valid for 14 days from date of issue
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.
(i) any losses due to non delivery of emails or nor arrival of emails (missing, damaged, unable to be sent or unable to be received).
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 is not responsible for any cookies or third party cookies placed on customers computers by software/programs running on your sites. You agree to get areement from your customers/site users, that they agree and are happy to have cookies placed on their computers by your site. "Opt-In" messages can be added to sites for users if requested by you and must be managed and fully maintianed by you.
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.
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.
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 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.
These terms & conditions do not affect your statutory rights as a consumer.