Bytemark

Terms & Conditions

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Note. Domain names are not case sensitive. This means that an uppercase and a lowercase letter are considered to be the same (AAA.com., aaa.com and AaA.com are all the same domain name). This list is not exhaustive. We make every effort to ensure that our registration systems do not allow you to bypass these registration rules however there are some occasions where this may not be possible, and our checking procedures may fail. Clients are always advised to seek guidance if they are at all unsure about the domain name they have chosen and its validity. Due to the variety of possible causes for the failure of the domain name validity checker, we cannot be held responsible if a customer attempts to register an invalid domain and that this request is subsequently accepted by our systems. Acceptance of the invalid order by our systems does not constitute acceptance of the registration of the domains by the relevant domain registry. All registrations are subject to entering into a contract with the relevant registry. For more information please contact our support team. ChargesA full list of up to date pricing for domain registrations is available on our pricing page. There are no charges for transferring domain names to a new registrar, you can do this via our control panel. Changing the tag puts the tag outside of Bytemark’s control and ends your domain management contract with us.Dedicated Servers &amp. Colocation<ol> <li>DEFINITIONS</li> </ol> 1.1 In these terms the following words and expressions shall have the following meanings: “Bytemark” means Bytemark Limited doing business as Bytemark, Company Registration No. 4484629 in England and Wales; “Agreement” means the contract made between you and us, which incorporates these terms and conditions and any documents referred to herein;  “Apparatus” means any apparatus which is owned or leased by you and located at the service location and which you use in conjunction with the service; “Billing Period” means each period as specified in your Service contract from the Service Commencement Date; “Customer Assistance” means the Customer Assistance telephone help desk, Tel. 01904 890890;  “Holding Company” and “Subsidiary” means as defined by Sections 736 and 736A of the Companies Act 1985; “Initial Charges” means the charges payable by you in connection with the service as set out in the order details or as otherwise agreed; “Initial Period” means the period as specified on the front cover of the Agreement from the Service Commencement Date; “Internet” means a network of interconnected e-communications and computer systems connected by Internet Protocol Numbers; “IP address” means a unique address for routing information on the Internet; “Network” means the telecommunication system(s) used by us for the provision of the service; “Recurring Charges” means the recurring charges payable in connection with the service as set out in the order details; “Service Commencement Date” means the date on which the service is installed at the service location; “Service Equipment” means equipment and apparatus, including but without limitation, any multiplexer, telecommunication apparatus, computer hardware, communication channel, routers or software embodied therein, to be installed at the service location by us in order to make available the service to you; “Service Location” means the location where the service is to be provided; “Service” means any/all Service Equipment and services provided by us as specified on page one of this Agreement or any agreed amendment thereto; “Service Level” means a guarantee of service for Internet connectivity and Bytemark supplied and “managed” equipment as shown in the order details of this Agreement only; “the Act” means the Telecommunications Act 1984 as amended or modified from time to time; “we” or “us” or “our” means Bytemark; “you” the Customer entering into this Agreement. 1.2 In these terms any undertaking by you not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing. 1.3 In these terms the expressions “you” and “we” shall include your and our respective successors and permitted assigns and our and your respective employees and agents. <ol> <li>FORM OF CONTRACT</li> </ol> 2.1 The following are the only terms and conditions on which we supply the services and all offers, quotations, orders, acknowledgements of orders and every contract for the provision by us and the purchase by you of the services shall be subject to these terms and conditions. 2.2 Your order for services from us shall be deemed to be an offer by you to buy the services subject to these conditions. 2.3 No variation to these terms and conditions shall bind us unless the same is agreed in writing signed by our authorised representative on our behalf and by you or your authorised representative on your behalf. 2.4 No representation made by any of our employees or agents concerning any services shall bind us unless the same is confirmed in writing signed by our authorised representative. 2.5  No order will result in a binding contract of sale unless and until we have accepted it in writing signed by our authorised representative. <ol> <li>DURATION</li> </ol> 3.1 Unless otherwise stipulated, the Agreement shall commence on the Service Commencement Date and shall continue subject to these terms for the Initial Period and thereafter for the further period of twelve months until terminated by either party giving the other not less than three clear billing months' prior written notice to expire at the end of the Initial Period or any subsequent renewal term. <ol> <li>PROVISION AND USE OF SERVICE</li> </ol> 4.1 We shall provide the service from the Service Commencement Date. 4.2 You shall only use the service in accordance with these conditions or such amendment thereto as we may notify you in writing from time to time. 4.3 You acknowledge that we are unable to exercise control over the content of material transmitted or received using the service. 4.4 You shall not use the service: a)  for the transmission of any material which is of a defamatory, offensive or abusive nature or of an obscene or menacing character. or b)  to violate or infringe any third party’s rights. 4.5 You shall hold us harmless from and indemnify and keep us indemnified against all liabilities, claims, damages, losses, costs and proceedings that we may suffer or incur howsoever arising from or in any way connected with your use of the service. 4.6 You shall ensure that the apparatus shall at all times conform to the relevant standard or approval and comply with the conditions of such standard or approval. 4.7 We may disconnect any apparatus if you do not fulfil your obligations to obtain approvals and licences under the Agreement or if, in our reasonable opinion, it is liable to impair the quality of any telecommunication service provided by means of our network. 4.8 In any given month we guarantee a service level of 100% Internet availability. <ol> <li>PROVISION OF INFORMATION</li> </ol> 5.1 You will promptly provide us (free of charge) with all information and co-operation, which we may reasonably require from time to time to enable us to proceed uninterrupted with the performance of our obligations under the Agreement. 5.2 You will inform us promptly of any change of address, telephone numbers or any other details, which you originally provided to us. 5.3 You shall ensure that all requests for assistance are only made to our Customer Assistance tel. (01904 890890), email (support@bytemark.co.uk) or secure contact form, 9.00am to 5.30pm Monday to Friday or by email at urgent@bytemark.co.uk at any other times.   <ol> <li>CHARGES</li> </ol> <ul> <li>In consideration of the provision of the service you shall pay to us:a)  Initial charges b) Recurring charges c) Domain Name charges </li> </ul> 6.2 Bytemark retain ownership of all Domains advertised by Bytemark until the service is paid for by the customer, all as specified in the order details. 6.3 Initial charges shall be payable before the Service Commencement Date. 6.4 Recurring charges shall be payable monthly in advance: the first payment shall be due on the Service Commencement Date, and subsequent payments at the beginning of each billing period. 6.5 Except for any software supplied under Service Provider Licensing the price for service is fixed for one year from the Service Commencement Date. We shall be entitled to increase or decrease the recurring charges at any time thereafter. We shall give you at least one month's prior written notice of any increase. 6.6 Service Provider Software Licensing. Where Bytemark provides software via a rental model using Service Provider Licensing Agreements, we reserve the right to pass on to you any price increase imposed by the relevant Software Provider where the software provided is solely used for the provision of the Services to you. Bytemark will give you advance written notice of any such increase, together with any equivalent price increase notice received from the supplier concerned 6.7 The time for payment shall be of the essence. 6.8 No payment shall be deemed to have been received until we have received cleared funds <ol> <li>PAYMENT</li> </ol> 7.1 Payment of all sums due under the Agreement shall be made within 15 days of the date of the relevant invoice. If you fail to make payment when due and payable and written notice has been served but not remedied within 14 working days all sums due under all Agreements between us are payable on demand. 7.2  Payment of all sums due under the Agreement shall be made by credit card, debit card, cheque or such other method as we may reasonably specify from time to time and payment of all such sums shall be made in full(without any set-off, deduction or withholding whatsoever). 7.3 Without prejudice to our other rights, we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 6% per annum above the Bank of England base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of the Agreement for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. to the subject matter of this agreement (all of which shall be deemed to have been terminated by mutual consent with effect 7.4 Charges are exclusive of Value Added Tax and any other taxes applicable from time to time, which you shall pay. <ol> <li>CANCELLATION</li> </ol> 8.1 The Agreement may not be cancelled or varied by you without our prior written consent signed by our authorised representative. Such consent not to be unreasonably withheld. 8.2 In the event of our giving consent you will thereupon be immediately liable to pay us in the case of cancellation, a fee equal to the sum of the price payable pro-rata for the unexpired term of the service under clause 6 above and such amounts as may be necessary to indemnify us from and against any and all expenses and other losses arising out of, and all charges incurred by us in connection with, the cancellation or variation. <ol> <li>TERMINATION</li> </ol> 9.1 Without prejudice to our other rights, we may terminate the Agreement on giving written notice to you, taking immediate effect, if: a) an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented or a bankruptcy order is made against you or if a receiver or trustee is appointed of your estate, or (you being a company) a voluntary arrangement is approved or an administration order is made, a receiver is appointed in respect of any of your assets or undertaking or a resolution or petition to wind you up is passed or presented (otherwise than for the purpose of reconstruction or amalgamation) or if any circumstances arise which entitle a court or a creditor to appoint a receiver, administrator or to present a winding-up petition or make a winding-up order. or b)  you fail to make any payment when it is due under the Agreement or any other Agreements made between you and us. or c)  you default in due performance or observance of any material obligation under the Agreement and (in case of a remediable breach) fail to remedy the breach within such reasonable time as we specify. or d)  you provide us with false, inaccurate or misleading information for the purposes of obtaining the service, or e)  we have reasonable grounds to suspect fraud or misconduct in connection with your use of the service or by any other third party whatsoever, with or without your knowledge or approval. or f)  We are directed by Director General of OFTEL or other competent authority to cease to provide or allow the provision of the service or any part of the service. or g)  you are in breach of clause 15 below. 9.2 Without prejudice to your other rights, you may terminate this Agreement on giving written notice to us, taking immediate effect, if we are in breach of a material obligation under the Agreement and fail to remedy the breach within 30 days after receipt of a written notice giving full particulars of the breach and 30 days to remedy to avoid termination. <ol> <li>CONSEQUENCES OF TERMINATION</li> </ol> 10.1 If the agreement is terminated by us pursuant to our rights under clause 9 you shall pay all charges in respect of the agreement, up to the date of termination. 10.2 Upon termination of the agreement for any reason you shall forthwith disconnect and cease to use the service. <ol> <li>TITLE TO SERVICE EQUIPMENT</li> </ol> 11.1 For so long as you remain in possession of any service equipment whilst title thereto remains with us: a) you shall be fiduciary agent and bailee of such service equipment for us; b)  you shall mark the service equipment so that it is identifiable as our property; c)  you hereby grant us an irrevocable right and licence to enter upon any part of your premises to repossess the service equipment; d)  you shall insure such service equipment with a reputable insurance company and hold the proceeds of any claim upon trust for us to settle outstanding payments. and e)  whilst title to the service equipment shall remain vested in us you shall not either pledge or in any other way charge by way of security for any indebtedness any of such service equipment and shall ensure that service equipment does not become subject to any charge, lien or other encumbrance. <ol> <li>SUSPENSION OF THE SERVICE</li> </ol> 12.1 We may at our own discretion suspend immediately the provision of the service until further notice on notifying you either orally (confirming such notice in writing) or in writing if: a)  we are entitled to terminate the agreement. or b)  we are instructed or requested to do so by Government or other competent authority. 12.2  Any suspension of service shall not exclude our right subsequently to terminate the Agreement. <ol> <li>RECONNECTION OF SERVICE</li> </ol> 13.1 If we suspend service as a result of your breach, fault or omission and we subsequently agree to reconnect the service. you shall reimburse us for all reasonable costs and expenses incurred in suspending and recommencing provision of the service. There shall be a reconnection administration fee of £50 payable by you at our discretion prior to reconnection. 13.2 If any sum payable under this Agreement is still outstanding 14 days after the service of written notice to you requiring, you to pay all outstanding sums in full we may in our absolute discretion suspend the service. 13.3 If we still do not hear from you within 14 days of the written notice referred to in condition 12.1 we may in our absolute discretion: a) disconnect the service; b) terminate the agreement; c) delete any data held on either the apparatus or service equipment (including third party data and you shall indemnify us against all claims, liabilities, costs expenses, damages or losses incurred by us and arising from such deletion). d) charge you a daily rate for storage of any apparatus; e) sell some or all of your equipment for the best price reasonably available (and pass good title to the buyer); f) discharge any outstanding sums due to us and to cover the costs of sale but if the proceeds of sale are insufficient to discharge your outstanding sums due to us then you will remain liable for the balance and we may take action to recover the outstanding amounts (we will pay to you the balance, if any, still remaining). and g) treat any apparatus not sold in accordance with condition 13.3(f) as abandoned and destroy or otherwise dispose of it. <ol> <li>ALLOCATION AND USE OF ADDRESSES</li> </ol> 14.1 Where we allocate IP addresses to you, they are for your use for the duration of this Agreement and do not belong to you. You accept that you do not and will not acquire any rights whatsoever in such IP addresses and they shall revert to us on termination. 14.2 We shall be entitled, for commercial, operational or technical reasons or to comply with an obligation imposed on us, to withdraw or change any IP addresses allocated to you provided that we give you reasonable notice. 14.3 Standard allocation is eight IP addresses for leased lines and three for Hosted Server, unless a detailed request for more is received in the form of a fully completed Network Policy Document. <ol> <li>CONFIDENTIALITY OF CUSTOMER INFORMATION</li> </ol> 15.1 All information obtained by us from you which belongs to you and is of a confidential nature will be dealt with by us in a confidential and proper manner. 15.2 You undertake that you will keep, at all times, confidential any information concerning our business (including the technology used) which may come within your knowledge during the life of the Agreement. <ol> <li>WARRANTY/LIMITATION OF LIABILITY</li> </ol> 16.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of: a)  any breach of these conditions; b)  any use made by you of any of the service; c)  the content of any information placed by you onto the apparatus or service equipment; d)  the failure of or any problem experienced by you in the operation of the service; e)  any representation, statement or tortious act or omission including negligence arising under or in connection with the agreement. 16.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by Section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the agreement save that where you are a consumer rather than a business no provision of this clause 13 or these conditions shall affect your rights as a consumer. 16.3 Nothing in these conditions excludes or limits our liability: a) for death or personal injury caused by our negligence, or b) for any matter which it would be illegal for us to exclude or attempt to exclude its liability. or c) for fraud or fraudulent misrepresentation. 16.4  Our aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise howsoever arising out of or in connection with the performance of our obligations under the agreement shall be limited to the annual charge for service in respect of any incident, or any series of incidents arising from a common cause in any twelve-month period. 16.5  You shall indemnify us against all claims for personal injury, loss or damage to property brought against us by third parties arising from the presence of service equipment at the service location unless such loss or damage is solely attributed to the negligence of us, our employees or our agents. 16.6 The provisions of this clause 16 shall continue to apply notwithstanding the termination or expiry of the agreement. 16.7 Each provision of this clause 16 is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable. <ol> <li>NOTICES</li> </ol> 17.1 Any notices to be given under the agreement shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by first class post or by facsimile transmission to the party’s address stipulated in the agreement or such other address as may be designated in writing from time to time or if no such address is stipulated or designated then to the registered office or other usual business address of that party. 17.2 Any notice sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered seven days after its dispatch. 17.3 Any notice given by facsimile transmission shall be deemed to have been delivered on the next working day following transmission subject to receipt of the appropriate confirmation of transmission. <ol> <li>ASSIGNMENT/SUBCONTRACTING</li> </ol> 18.1 You shall not assign or delegate or otherwise deal with any of your rights and obligations under the agreement without our prior written consent, such consent not to be unreasonably withheld. 18.2 We shall have the right to assign or otherwise delegate all or any of our rights and obligations under the agreement to an associated company or other person upon serving written notice on you. 18.3 We may use subcontractors to install and maintain service equipment. <ol> <li>FORCE MAJEURE</li> </ol> 19.1 Neither party shall be liable for any loss or damage, which may be suffered due to, including, without limitation, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act of omission of Government, highways authorities, other telecommunications operators or administrations or other competent authority, the obstruction of a third party of line of sight between microwave installations, war, military operations, acts of terrorism or riot, difficulty, delay or failure in manufacture, production or supply by third parties of the service equipment. 19.2 Should any such event occur, both parties reserve the right to suspend all or any part of the agreement, without incurring any liability for any loss or damage thereby occasioned. <ol> <li>20 ENTIRE AGREEMENT</li> </ol> 20.1 this agreement and the documents referred to in it, constitutes the entire agreement and understand between us and supersedes any previous agreements made or existing between us before or simultaneously with the agreement and relating to the subject matter of this agreement (all of which shall be deemed to have been terminated by mutual consent with effect from the commencement date of this agreement but without prejudice to our rights and liabilities accrued before such date). 20.2  You and us both acknowledge and agree that in entering into this agreement, and the documents referred to in it, does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) or any person (whether party to this agreement or not) other than as expressly set out in this agreement. 20.3 The only remedy available for breach of this agreement shall be for breach of contract under the terms of this agreement. 20.4 Nothing in this clause 20 shall, however, operate to limit or exclude any liability for fraud. <ol> <li>MODIFICATION</li> </ol> 21.1 We shall have the right by notice in writing to you to modify the agreement at any time so as to comply with any regulations or other requirements applicable to or imposed upon us by any competent authority. <ol> <li>NO WAIVER</li> </ol> 22.1 Our failure to exercise or enforce any right conferred by the agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or the enforcement thereof or of any other right on any later occasion. <ol>SEVERABILITY</ol> 23.1 If any provision of the agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any other provisions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. <ol> <li>THIRD-PARTY RIGHTS</li> </ol> 24.1 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act. <ol> <li>GOVERNING LAW</li> </ol> This agreement shall be governed by and constructed and interpreted in accordance with English and Welsh law, and the parties hereby submit to the exclusive. Management DefinitionFor a full explanation of the remit of Bytemark managed services, please read our Management Definition: Management Definition PDF