Terms and Conditions
Our terms and conditions are listed below. We have separate terms and conditions for the various services we offer. Please select which terms and conditions you would like to read from the options below:
Website Design and Development Terms and Conditions of Sale
All services provided by aprompt limited (also referred to as A Prompt Ltd and 'us' and 'we') to the Customer are subject to the following terms and conditions. These terms apply to services and orders placed with aprompt Ltd. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.
- Acceptance. All new customers accept these Terms and Conditions at the time of submission of work to A Prompt Ltd.
- Charges. Charges for services to be provided by A Prompt Ltd are defined in the proposal and/or order that the Customer receives prior to work carried out. The proposal and client meetings will outline the interim payment schedule (if applicable) regarding this project. A Prompt Ltd reserves the right to change the rates for ongoing maintenance services with thirty (30) days advance notification to the Customer. Payment for services is due by cheque, BACS, postal order, credit/debit card or cash and should be remitted to A Prompt Ltd, 32 New Road, Chippenham, Wiltshire, SN15 1HP.
- Project Proposal: A Prompt Ltd will supply a project proposal as part of our quotation for web site projects. The project proposal is a representation of the website/web application A Prompt Ltd will be developing for you. It will have been constructed to represent the combination of the verbal brief and all other verbal contact regarding this project up to and including the quotation submission and overrides all previous documentation or verbal agreements. The Customer must ensure all functionality described matches your desired requirements, and that all required functionality is specified. The project proposal document is created for the following purposes:
It is extremely important that you verify that the website and/or web application functionality explained within the project proposal matches your requirements. Changes to the web application following order placement will require additional briefing, specification and quotation and may require further development time to be added to the original dates quoted which will move the delivery date and subsequent project launch. It is entirely the responsibility of the client to ensure the content and functionality of the website they request A Prompt Ltd to design and build and therefore approve does not infringe copyright of other website designs or functionality.
- As a specified list of the functionality required in the website and application by you, the Customer.
- As a checking document for you, the Customer, to double-check your requirements.
- As a legally binding agreement describing the scope of the project.
- As a development team working document.
- As a development quality control document.
- Customer Review. A Prompt Ltd will provide the Customer with an opportunity to review a hard or soft copy mock-up sample web page prior to web site construction. Once approved by the customer, the construction of the web site will begin. Any changes to the website or web application design after approval are chargeable. The client will be offered the opportunity to privately review and make minor 'content' changes to the web site prior to the site going live. This private preview is carried out via the A Prompt testing server or loaded within clients hosting. The web site will remain on the testing server for up to two (2) weeks, during this time the Customer must test the functionality of the web site to ensure that the web site includes all the functions outlined in the project proposal. At the end of (or during) this period the Customer must submit any queries or omissions to A Prompt Ltd in writing or by E-mail, if no communication is received it will be deemed that the web site fulfils the functionality specified in the project proposal and will be made ready to go live. Any queries or changes requested after this time will be deemed to be outside of the original project proposal and be charged accordingly. Additional functionality requests will be quoted for separately. Once the Customer has approved the final preview all outstanding payments become due. Once these payments have been made the web site will be made live and accessible to all users of the World Wide Web. Any bugs found within one year of the website development completion date (i.e. the date the website is loaded on to the aprompt development server) will be fixed free of charge by aprompt, thereafter any bugs found that require fixing will be charged for. A Prompt accept no responsibility whatsoever for loss of business if bugs are found after the first two weeks of the site being loaded on to the A Prompt development server.
- Turnaround Time. A Prompt Ltd will install and publicly post the Customer's Web site by the date specified in a project proposal, unless the Customer delays approval, delays providing content (of any sort), delays answering project queries or specifically requests a delay.
- Payment. Invoices will be provided by A Prompt Ltd for payment in advance or interim payment, if applicable and upon completion of the work for Web site design and development services, copy creating, photography, logo creation and other design essential services. The payment terms and payment dates are set out on our project proposals and must be adhered to. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) per month of the total amount due. The web site/s remains the property of A Prompt Ltd until such time that all accounts are paid in full.
- Default. A Prompt Ltd will not upload and make live any new website until all outstanding invoices have been paid, or, at it's discretion A Prompt Ltd may upload and make live a website on the understanding that all outstanding invoices are paid within thirty (30) days of the web site going live. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) per month of the total amount due. The web site remains the property of A Prompt Ltd until such time that all accounts are paid in full. Accounts unpaid thirty (30) days after the date of invoice for existing websites will be considered in default. Accounts unpaid thirty (30) days after the date of invoice for other services will also be considered in default. If a Customer is in default A Prompt Ltd will, at its discretion, remove all files, scripts, email accounts and images from its Web space and therefore prevent the web site from being viewed. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of £35.00 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay A Prompt Ltd reasonable expenses, including an administration fee of £125.00 for re-loading the website if applicable, legal fees and costs for collection by third-party agencies, incurred by A Prompt Ltd in enforcing these Terms and Conditions.
- Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by E-mail. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Legal Restrictions. A Prompt Ltd's services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any legal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. A Prompt Ltd reserves the right to refuse service to the Customer without providing reason or cause.
- Copyright. Customers retain the copyright to data, files and graphic logos provided by the Customer, and grants A Prompt Ltd the rights to publish and use such material. Custom artwork and graphic logos designed by A Prompt Ltd for use in the Customer's Web site will remain the property of A Prompt Ltd; at its discretion, A Prompt Ltd will grant the Customer rights to use such material in formats other than Web site. A Prompt Ltd may, from time to time, engage third party designers or use Royalty Free stock images; where such third party designs or images are used A Prompt Ltd will obtain a single use licence for use on the web site which cannot be used on any other marketing material other than the web site under any circumstances. A separate agreement must be entered into, in the event that the Customer wishes to obtain all rights for custom artwork or graphic logos designed by A Prompt Ltd or any third party designers. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting A Prompt Ltd permission and rights for use of the same and agrees to indemnify and hold harmless A Prompt Ltd from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to A Prompt Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. For any accounts that remain unpaid, the copyright of website designs and associated items is owned by A Prompt Ltd.
- Standard Media Delivery. Unless otherwise specified in the project proposal and/or client meeting, this Agreement assumes that all text will be provided by the Customer in electronic format (ASCII text files delivered on floppy disk, CD-ROM or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or. tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by A Prompt Ltd to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.
- Design Credit. A link to A Prompt Ltd will appear in either small type or by a small graphic at the bottom of the primary "home" page of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
- Access Requirements. If the Customer's Web site is to be installed on a third-party server, A Prompt Ltd must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Right To Pull. By agreeing to this Agreement, the Customer agrees to give A Prompt Ltd "on demand" access to the Customer's installed Web site, and further agrees that A Prompt Ltd shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.
- Post-Placement Alterations. A Prompt Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
- Search Engine Submission. A Prompt Ltd will, for free, submit the Customers web site to the major search engines (such as Google, Bing, Yahoo and Ask). A Prompt Ltd cannot, however, accept responsibility or liability for Customers web sites not being listed or ranked by the Search Engines. The structure of the website will be optimised for search engine recognition and ranking at time of order and loading live. If You, the Customer, make any changes to the structure, we take no responsibility of the effect such changes can have on the search engine recognition and ranking of the website. You have total responsibility for entering and editing the ‘Page title’, ‘Meta keywords’, ‘Meta description’, ‘Menu links’ and the actual content of the web page, using the tools that we provide for each page / product You create in the website. We cannot guarantee You will be listed in any search engines. It is the responsibility of the Customer to market their new website, add their new web site to directories and promote their web site both off and online. It is also the responsibility of the Customer to ensure that the content of their web site reflects and includes the keywords and phrases for which they wish to be found in search engines, unless the Customer is using A Prompt Ltd's SEO service for a particular page.
- Search Engine Optimisation (SEO). As a separate service A Prompt Ltd can offer Search Engine Optimisation (SEO) on a page by page basis. It is the responsibility of the Customer to provide between 400 and 600 words of content for each page to be search engine optimised. The Customer would also need to provide, for each page, a list of keywords and phrases for which they wish to be found in search engines. A Prompt Ltd do not represent or warrant that Customers' web site will achieve a favourable position, or any position, within a particular search engine.
- Website Database Back-up Service. By default A Prompt Ltd do not back up Customers data or web site files. However, as a separate service A Prompt Ltd can offer a scheduled back-up service of the Customers web site database and uploaded files folder. The back-up service will run at a scheduled time once a week (unless a different schedule is specifically requested). The backed-up files will remain on the A Prompt Ltd servers, the Customer may request a copy of the files at any time. Database back-up files are stored for three (3) months after which time they are destroyed. Should the web site database need to be restored we can restore any one of those weekly database back-up files upon request within the current three (3) month period.
- Website Admin Area Security. Your new A Prompt Ltd website may come with a secure online admin area (or control panel). It is the Customers responsibility to change the default username and password as soon as possible. Failure to change the default username and password may allow unwanted access to your admin area which may cause loss or corruption of data.
- Indemnity. The Customer agrees to indemnify and hold harmless A Prompt Ltd from any and all claims resulting from the Customer's use of A Prompt Ltd's services, which cause damage to the Customer or a third party.
- Disclaimer. A Prompt Ltd makes no warranties of any kind, whether express or implied, for the services it provides. A Prompt Ltd also disclaims any warranty of merchantability or fitness for a particular purpose. A Prompt Ltd will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Customer acknowledges and agrees that A Prompt Ltd cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control. Furthermore A Prompt Ltd do not guarantee the success of the Customers online business, it is the responsibility of the Customer to research, market and develop a strategy for their online business.
- Design. It is the responsibility of A Prompt Ltd Customers to approve the design of a website/graphic/logo/artwork provided by A Prompt Ltd. Once the Customer has approved a design, it becomes the legal responsibility of that customer. A Prompt Ltd cannot be held responsible for any similarities or infringement of copyright to any other website if the design has been approved by the Customer. It is therefore the responsibility of the A Prompt Customer to ensure the design they approve is not similar to competitors or other business websites and A Prompt cannot be held responsible in any way for damages or loss of earnings or any other loss or legal action if similarities are found after the approval is received from the Customer to A Prompt Ltd.
- General. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the project proposal. The Customer's signature on project orders constitutes agreement to and acceptance of these Terms and Conditions. A Prompt Ltd reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.
- Governing Law. This Agreement shall be governed by the laws of the England and the United Kingdom, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement. This Agreement is void where prohibited by law. I have read and understood the Terms and Conditions for services provided by A Prompt Ltd, and agree to abide by them.
- Website Warranty. Websites that we develop have one year (12 months) warranty from the date it is loaded on to our development server. You are notified when the website is available for you to fully test on our development server before we make the site live. Any changes to the website or investigation work in to the workings of the website after this time period will be charged at £90.00+VAT/hour with a minimum time required each time of 1.5 hours. We will fix any errors in the code, if found, free of charge within the first 12 months of the site being loaded on to our development server.
- Finders Fees. For companies and individuals that refer work to us, a finders fee or commission may be given, upon our discretion. Finders fees are dependant on the type of website or web application. Please ask us for details. (Finders fees do not include any renewable items, SEO, page population, image purchases, etc).
- Commission Structures. For companies and individuals that refer work to us but also do some of the work, we have an agreed commission structure available upon request. Commission structures and the amounts paid as commission may change from time to time, so please check with us first to find out how much commission you could get, depending on the amount of work you do for the client and aprompt. Please note: we do not use overseas developers.
Website Hosting Terms and Conditions of Service
- Shared Hosting Limitations
- A Prompt Ltd are a hosting reseller for several of UK's largest hosting companies. A Prompt Ltd only resell shared hosting. In a shared hosting environment, many different clients share the same server and the same resources. While each client has their own limits on certain items (such as storage space, allowed email accounts, allowed bandwidth per month, allowed FTP accounts), the same web server, MySQL server, and even physical memory are shared. Shared hosting is a popular, economical and resourceful solution for many web sites. However, shared hosting does have some limitations and as such we are not able to offer a Service Level Guarantee (SLA) and we cannot guarantee hosting uptime.
- We recommend that any Customer requiring more stable and controllable hosting that includes Service Level Agreements (SLA) and guaranteed uptime choose to have their own Dedicated Server. Whilst A Prompt are unable to provide dedicated servers we can upload your website to your own server, if requested although we are not able to configure your server for you. A charge for uploading your website to your own hosting server will be applicable.
- Server use
- A Prompt reserves the right to refuse service and/or access to its servers and/or services to anyone.
- A Prompt does not allow any of the following content to be stored on its servers:
- Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
- Excessive download content or non-linked content.
- You website space must only be used for website files. It is not permissible to store non-linked files in your web space.
- Refusal of service based on content matching either of these two criteria is entirely at the discretion of A Prompt.
- A Prompt reserves the right to move your data to a different server with no previous notice.
- Support and hosting on your own servers
- If the website is hosted with us we will endeavour to provide a continuous high quality service. If you experience problems with our service, you should consult our support section. Our System Status page lists any known service interruption or problems. Should you fail to find a resolution to your problem in our FAQ's then you will find our support enquiry form and contact details within our support section.
- Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services, if the website is hosted with us.
- For websites that are created by aprompt but not hosted with aprompts hosts: We will provide you a disc containing the website files so you can upload the website to your chosen host. Once the website is set up on the new host, any support enquiries should 1st be directed to your hosting provider and then if they advise it is a problem with your website, the support enquiry should then be sent to email@example.com (Please bear in mind that if you have a problem with your website, having 2 parties to speak to will increase the time it takes to solve any problems).
Any alterations/tweaks/corrections done by A Prompt to the website requested by the client will be charged for.
- If you wish aprompt to upload your website to your chosen host (which is not aprompt), we will charge for this service. We will provide a check list so you can ensure your chosen host can support all the website's requirements in order for all the functions to work. If your host does not support all the requirements, you will need to find an alternative host that can support the needs of your website, Alternatively aprompt can host the website for you.
- All support enquiries sent to us, about websites we have built but do not host, will be investigated and if the problems you experience with the website is to do with the hosting in any way, you will be charged £90/hour +VAT with a minimum charge of £90.00 + VAT each time for any investigative work done. If the problem resides with the website, you will not be charged any fees for the 1st 12 months of the sites life – whether on testing servers or live servers.
- Any type of investigative work on website issues/problems on websites that are more than 12 months old, (including website functions, features, databases, graphics and all hosting issues) will be charged at £90/hour + VAT with a minimum charge of £90.00 + VAT each time for any investigative work done. There are no exceptions.
- Development Server
- Websites and web applications are first loaded on to our development server after completion so you, the client, can fully test the system and ensure you are happy with the website/web application. The site will be kept on our development server for a period of 7 working days only. Within this period, it is the responsibility of the client to ensure the site is fully tested and we will fix any bugs for free.
- Website Warranty
Any website created by A Prompt Ltd has one year (12 months) warranty where any bugs will be fixed for free. After that time - no matter where the site is hosted - any bugs, tweaks, alterations, changes, corrections, additions and or amendments to the site will be charged for without exception.
- We provide integration with Google merchant services and Twitter on their current platforms upon the date the site is completed and loaded on to our development servers. However as with any service offered by 3rd parties such as Google and Twitter, they are free to change their configuration and services at any time. Any changes they make are out of our control and therefore re-integration will incur development charges. Also each of our websites are designed, built and tested on all current browsers (at the time your website is completed by us and loaded on to the development servers), such as FireFox, Google Chrome, IE, etc. and any changes the browsers make to their services are out of our control therefore any re-configuration for browser compatibility will incur a development charge.
We provide integration with Google merchant services and Twitter on their current platforms. However as with any service offered by 3rd parties such as Google and Twitter, they are free to change their configuration and services at any time. Any changes they make are out of our control and therefore re-integration will incur development charges. Also, each of our websites are designed, built and tested on all current browsers such as FireFox, Google Chrome, IE, etc. and any changes the browsers make to their services are out of our control therefore any re-configuration for browser compatibility will incur a development charge.
- Bandwidth usage
- A Prompt offers a high bandwidth use policy by maintaining very large ratios of bandwidth per customer. In rare cases, A Prompt may find a customer to be using server resources to such an extent that he or she may jeopardise service performance and resources for other customers. In such instances, at at A Prompts' discretion, A Prompt reserves the right to impose the High Resource User Policy for the consideration of all customers.
- Database Usage
- If you exceed the limits on your database storage (MS SQL and MySQL) then we will automatically charge you for the additional space you use at our current prices. For example if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
- High Resource User Policy
- Resources are defined as bandwidth, processor utilization or disk space.
- A Prompt may implement the following policy to its sole discretion: When the resources utilised by a customer in using a service are abnormally high, A Prompt reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby A Prompt continues supplying the service under a reduced usage criteria specified by A Prompt. Failure to comply with such measures may result in your service being terminated.
- Uploads via scripting languages
- We limit uploads made via scripting languages to 20MB per file, however the actual size of the file you can upload will also depend on the upload speed of your Internet connection.
- Cancellation and refunds
- A Prompt reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership (excluding Monthly Payment Plan customers). If a customer contravenes A Prompts' terms of service a refund will not be issued in the event of a cancellation.
- Customers may cancel their account at any time by giving thirty (30) days written notice to A Prompt (excluding Monthly Payment Plan customers)
- Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.
- Monthly Payment Plan customers can cancel their direct debit payment scheme at any time during the month and their service will cease at the end of the current month.
- Use of an Email Account
- If A Prompt 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.
- The following are details of what is not allowed by A Prompt and our spam/ illicit material policies:
- To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
- To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
- To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
- Email retrieval and timescale
- A Prompts ' policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 90 days of receipt (this process does not apply to Microsoft Exchange mailboxes)
- It is the mailbox owner's responsibility to ensure his/her received email is retrieved and saved locally where necessary to ensure that important correspondence is not lost.
- A Prompt cannot be held responsible for lost items that have exceeded this 90 day limit.
- Billing and Renewals
- All hosting and optional hosting related services are billed annually in advanced (excluding Monthly Payment Plan customers). To ensure uninterrupted service to your website we operate a positive renewal system on all hosting related services - you will be notified sixty (60) days in advance that your hosting or hosting related service is about to expire and given the option to opt out of the renewal, if for any reason you do not contact us (within the fourteen (14) day notification period), then we will ensure your hosting service continues and automatically renew your hosting or hosting related service for another year (excluding Monthly Payment Plan customers). An invoice will be issued thirty (30) days prior to your service renewal date, this invoice must be paid before for the renewal date. If our invoice remains unpaid when your services reach their expiry date we may remove your website, files, scripts and emails from our servers (see section 12 Termination below). If you subsequently decide to cancel your hosting (or hosting related service) at a later date you must give us 30 days written notice as discussed in section 8 above. (excluding Monthly Payment Plan customers)
- Hosting commences on the date a website is loaded on to our development server or when email services are requested to start or when a temporary home page is loaded live.
- Monthly payment plan customers are billed by direct debit on the 1st of the month in advanced for the hosting service provided for that month (i.e. you will be billed on the 1st May for services provided in May). If payment is not made by the 8th of the month the service will be suspended without further notification. Services that have been suspended will incur an adminsitration charge of £125.00 for re-starting the suspended service.
- If any hosting or hosting related service invoice remains unpaid for more than thirty 30 days, A Prompt will suspend your services and place your account in default (excluding Monthly Payment Plan customers). If the account remains in default for a further fifteen (15) days then A Prompt will remove all website files, scripts and emails and cancel any other services supplied by A Prompt. Such a removal would mean that your website would cease to be online and your email accounts (if provided by A Prompt) would cease to work (for both incoming and outgoing email) also any emails stored on our servers would be deleted. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Customers with accounts in default agree to pay A Prompt Ltd reasonable expenses, including an administration fee of £125.00 for re-loading the website if applicable, legal fees and costs for collection by third-party agencies, incurred by A Prompt Ltd in enforcing these Terms and Conditions.
- Customer agrees that it shall defend, indemnify, save and hold A Prompt harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against A Prompt, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless A Prompt against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with A Prompts' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from A Prompts' server.
- A Prompt will not be responsible for any damages your business may suffer. A Prompt makes no warranties of any kind, expressed or implied for services we provide. A Prompt does not back up your data/website (unless you have opted for our optional Back-up service) and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, A Prompt cannot guarantee to be able to replace lost data. A Prompt disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by A Prompt and its employees. A Prompt reserves the right to revise its policies at any time.
- A Prompt will not be responsible for any loss of business or damages your business may suffer due to web site downtime. A Prompt only use Shared Hosting web servers and as a result occasional temporary loss of service may be experienced. If your A Prompt web site is off-line for an extended period due to a hosting failure we may offer to move your website to an alternative host. The maximum aggregate liability payable by A Prompt to the Customer due to an extended hosting failure shall not exceed the annual hosting fee charged to the Customer by A Prompt. For "mission critical" websites where site uptime is essential we would recommend the Customer uses a dedicated server.
Domain Name Registration Terms and Conditions of Service
The following terms and conditions apply to the domain registration service:
- Governing Bodies
- A Prompt use a domain name registrar that has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.
- ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain.
- Upon A Prompts' receipt of domain name registration information from you, A Prompts shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.
- SELECTION OF A DOMAIN NAME.
- You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon 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.
- If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names ("Sunrise Period"). You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.
- 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 terms and conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet T&C's as well.
- As consideration for A Prompt providing domain name registration services to you, you agree to pay A Prompt, prior to the approval of the desired domain name registration, the amounts set forth in the A Prompt Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
- Your application will not be registered until A Prompt receives actual payment of the registration fee. If A Prompt does register a domain name prior to payment of the registration fee, A Prompt reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
- 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.
- In the event of a charge back by a credit card company or other payment provider authorised by A Prompt, the domain name registration shall be transferred to A Prompt as the paying entity for the registration. A Prompt 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 UK £100. Payment must be made by credit card or other methods we indicate in registration application or renewal form.
- We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.
- 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 the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
- To ensure your domains are not lost we operate a positive renewal system on all our domains - you will be notified sixty (60) days in advance that your domain name is about to expire and given the option to opt out of the renewal, if for any reason you do not contact us (within the fourteen (14) day notification period), then we will ensure your domain name is renewed for another year (or two years for .co.uk domain names). An invoice will be issued thirty (30) days prior to your domain name renewal date, this invoice must be paid before for the renewal date. If our invoice remains unpaid when your domain name reaches it's expiry date we may suspend your domain name.
- A Prompts' domain renewal process is automated and we confirm all domain renewals by email or letter. However, it is your responsibility to check that your renewal has been successful within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the Tucows website domain lookup facility.
- DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
- Information you are required to Submit
As part of the registration process, you are required to submit to A Prompt and keep updated the following information in connection with your application for domain name registration:
- the domain name to be registered;
- the domain name holder's name and mailing address;
- the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name;
- the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
- You shall provide and maintain updated information at all times with A Prompt. A Prompt at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.
- A Prompt 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 A Prompt makes available to domain name registrants.
- Additional Information Maintained about your Registration
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
- the original creation date of the registration;
- the date and time the registration application was submitted to us and the appropriate registry;
- communications constituting registration orders, modifications, or terminations and related correspondence;
- records of account for your domain name registration, including dates and amounts of all payments and refunds;
- the IP names and address of the primary name servers and any secondary name servers;
- the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
- the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
- the expiration date of the registration;
- other information regarding all other activity regarding your domain name registration and related services.
- Obligations Relating to Data Provided by You
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.
- Disclosure and Use of Registration Information
You agree to authorise A Prompt and it's agents 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 A Prompt and it's agents may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that A Prompt and it's agents may or must make available to the public or to private entities, and the manner in which such information is made available.
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.
You may access your domain name registration information in A Prompt's possession to review, modify or update such information, by accessing our customer control panel, available at our website at www.aprompt.co.uk
We will not process any data about any identification natural 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 our loss, misuse, unauthorised access or disclosure, alteration or destruction of that information.
- TRANSFER OF OWNERSHIP
- The person named as administrative contact at the time the domain is registered 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 us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
- AGENTS AND LICENSES
- 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.
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.
In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):
- Make your customers aware of the charges associated with domain name registration, renewal and maintenance.
- Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service.
- Make your customers aware of changes to your charges.
- Detail the method, availability and cost of customer service provided.
- Act quickly after getting a request from your registrant to take some action for them;
- Update their details soon after you know that the current ones are out of date or wrong.
- Registrant Data
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.
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 and not set this field to default to opt-out unless you can show that all your Registrants are consumers.
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.
You agree that if you register a domain on behalf of a third party, A Prompt can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
- LIMITATION OF LIABILITY
You agree that A Prompt 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 A Prompt has been advised of the possibility of such damages, and in particular A Prompt will not be liable for the following:
- suspension or loss of your domain registration;
- use of your domain name registration;
- interruption of your business;
- access delays or interruptions to any web sites accessed by your registered domain name;
- non-delivery, mis-delivery, corruption, destruction, or modification of data;
- events beyond the reasonable control of A Prompt;
- processing of an application for domain name registration;
- application of the Dispute Policy.
- A Prompt 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.
- A Prompt's maximum aggregate liability shall not exceed the greater of:
- the total amount paid by you for registration of the domain name;
- £50.00 (UK Pounds).
- INDEMNIFICATION OF A Prompt
- You agree to defend, indemnify and hold harmless A Prompt and the registry administrator, including our 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.
- REPRESENTATIONS AND WARRANTIES
- 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.
- You acknowledge and agree that all domain name registration services provided to you by A Prompt are provided on an "as is" basis. A Prompt 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. A Prompt makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunise you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
- BREACH AND REVOCATION
- A Prompt reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
- you materially breach this Agreement;
- you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
- you use your domain name in connection with unlawful activity;
- grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement;
- you use your domain name in connection with material that is slanderous to A Prompt or other associated companies.
- 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 A Prompt or it's agents) 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 A Prompt and it's agents, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
- You also agree that A Prompt 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 A Prompt 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.
- You acknowledge and agree that:
- providing inaccurate information;
- failing to update information promptly;
- failing to respond to A Prompt's enquiries 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.
- OTHER TERMS AND CONDITIONS
- Force Majeure. A Prompt shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, 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.
- Non-Waiver. The failure of A Prompt to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by A Prompt of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Survival. 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.
- Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by A Prompt to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.
- Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
- Legal Fees. 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.
- Assignment. 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 A Prompt However, in the event that A Prompt 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.