Terms & Conditions

The following terms of business apply to any or all of the domain name registration, web site hosting, email services (together "Services" and individually "Service") to be provided by us to you from time to time. "Server" means the computer server equipment operated by us or our providers in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us/our providers to you for use by you as a site on the Internet.

WEBSITE DESIGN & CONTENT

The client agrees to provide content according to the agrred package he/she chooses and according to that package terms as regards content. Content referred to herein is - text, images,keywords,domain names & e-mail addresses. Client is responsible for accuracy of content provided and PIEKSELS.COM cannot be held liable for damages caused by in-acurate content provided by client.

DOMAIN NAME REGISTRATION

1. We do not warrant or guarantee that the domain name applied for will be registered or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified by us that your requested domain name has been fully registered.

2. The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. This does not affect your statutory rights as a consumer.

3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. This does not affect your statutory rights as a consumer.

4. Once you enter a contract with PIEKSELS.COM to purchase a Domain, we will charge your card/invoice you, immediately. You must not under any circumstances order the same domain from another registrar before or after entering into a contract with PIEKSELS.COM, as this will cause us unwarranted administration problems & costs, and we will not be able to issue a refund under any circumstances, whether we manage to obtain the domain first or whether the other registrar obtains it for you.

5. We will not be held liable for any losses (directly or indirectly) caused by non re-registration of domains for whatever reason. The re-registration of domains are solely the client's responsibility. However, we will attempt to contact the owner of the domain in advance in order to give the option to renew the registration of the domain through PIEKSELS.COM. Transfers: we cannot transfer a domain out for the first 3 months of registration. Transfer out charges may apply depending on the domain name extension.

GENERAL TERMS AND CONDITIONS SERVICE AVAILABILITY

1. We shall use reasonable endeavors to provide continuing availability of the Server, email accounts and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. Many computer faults are beyond are control and we shall try our best endeavours to fix them for you as soon as we can.

INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

2. You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation's in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store

INDEMNITY

3. You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. This does not affect your statutory rights as a consumer.

TERMINATION

4. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.

5. We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

6. On termination of the agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of seven (7) days and allow you to collect it at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

7. We may terminate or suspend any web site which is deemed to be causing a disruptive service to our clients as a whole.

8. You may terminate your account with us if we cannot resolve any technical issues or server problems within a reasonable amount of time. You will receive a refund for the remainder of the contract term. However, we will not refund any used parts of the service.

PAYMENT

9. All charges payable by you to us for the Services shall be in accordance with the relevant package fees and rates published on this web site, and in the manner for the time being prescribed by law and shall be due as indicated on the invoice and under no circumstances payable later than seven (7) days of receipt of our invoice.

10. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

LIMITATION OF LIABILITY

11. We hereby exclude all conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose.

12. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

13. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

14. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

LAW

These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.

ENTIRE AGREEMENT

These terms and conditions together with any document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters.

COMPLAINTS/REFUNDS

If you have any complaints, or have a dispute, we will act swiftly to resolve them. If you feel you are entitled to a refund on any of our services, we will act swiftly to resolve the matter.

Domain Names cannot be refunded under any circumstances.

Write to:

V.Richardson
No.3
14 Castle Street
Bodmin
Cornwall
PL31 2DU

Send us an e-mail through our contact form on this website