We have separate terms and conditions for the various services we offer available from the options below:
- Website Design and Website Development Terms and Conditions of Sale
- Website Hosting Terms and Conditions of Service
- CMS Express, CMS Express Plus, CMSExpress Pro, CMS Premium, CMS Premium Plus Terms
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, .plc.uk, .de and .fr 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 Prompt 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 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 requesting us to register your domain 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 must supply accurate and complete data at all times and agree that you have read and agree to the terms and conditions of Nominet, If you are requesting us to register a domain name for a third party, you agree that they have also read and agree to the Nominet Terms and Conditions for domain name registration.
- 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 in full 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 £60 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/expire we operate a positive renewal system on all our domains - you will be notified by email 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) to explicitly confirm you do not wish to renew the domain name in question, 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. It is your responsibility to ensure you know when your domain name/s are due for renewal. Therefore, if for any reason you do not receive the renewal notice, you must still confirm to us in writing if you do not wish to renew 3 months prior to the renewal date. If we do not receive explicit instructions in writing from you to cancel a domain name renewal the domain name will be renewed for a further 1 year for .com and 2 years for .co.uk. If for any reason you are not sure of the renewal dates of your services with us, you can contact aprompt. We will advise you of the renewal dates of the services we provide you.
- 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 we have your up to date contact information and 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 updated information in connection with your application for domain name registration:
- the domain name to be registered;
- the domain name holder's name, mailing address, email address, telephone number
- 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 for 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;
- the IP names and address of the primary name servers and any secondary name servers;
- the name, mailing address, email address and telephone 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 with us, you provide information about yourself or your company, you hereby represent that you have provided us the express consent to the disclosure and use of the your information as set forth in this Agreement.
- Disclosure and Use of Registration Information
You agree to authorise A Prompt and its 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 claims and causes of action you may have arising from such disclosure or use of the domain name registration information.
You may request A Prompt to access your domain name registration information, that we hold in our possession, to review, request a modification or update such information. All requests to modify domain name registration information must be provided in a written format to A Prompt. We will not process any data about any identification of a 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.
- Information you are required to submit
- TRANSFER OF OWNERSHIP
- The person named as the registrant 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 determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Transfer of domain ownership will incur a charge. Please ask A Prompt for more details.
- Registrant Data
You must not knowingly provide poor quality Registrant data. If we find out that a Registrant has provided poor quality data we will attempt to correct the data. Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You must advise us in writing if you would like this option as it is not set as default. If we receive a request to register a domain name for you, we will register the domain name in your name. We will only register the domain name in our name if we receive prior written consent from you. You agree that if we register a domain on your behalf, A Prompt can pass on your contact details 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 or its agents;
- 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 names 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, natural disasters, 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 withstanding 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 or post 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.