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Terms and Conditions Selection of your Domain Name When selecting your domain name you represent that to the best of your knowledge and belief neither the proposed registration of that name nor the manner in which it will be used directly or indirectly impinges upon the legal rights of a third party and that the name is not being registered for nor shall it at any time be used for any unlawful purpose whatsoever. In making your selection and completing the order process you, the Customer warrant to ITL that:
ITL makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful as domain name registration authorities retain the right at their discretion to register or refuse to register a domain name applied for by ITL on behalf of the Customer. Ownership An application for the registration of a domain name cannot be treated as having been successful until The Customer has been notified by ITL in writing to this effect by email or otherwise. ITL will notify the Customer as soon as is reasonably possible after the registration of a domain name has been completed. The person named as registrant at the time the user name and password are secured - this may be you or the person for whom you are purchasing the domain as a gift - shall be the owner of the domain name. Cancellation Period In securing your selected domain name, time is of the essence. By authorising your purchase and completing the payment steps, you are deemed to have acknowledged that performance of the contract has commenced, even though this will be prior to the end of the statutory cancellation period applicable under the Distance Selling Regulations currently in force. Gifts In the case of a domain purchased as a gift, the services provided by ITL will not be activated until the gift recipient has logged on to their LGP account, confirmed their agreement to our Terms & Conditions and set up their e-mail account. Transfer and Release 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. By releasing a domain name registered by ITL to another host the Customer terminates this Agreement between ITL and The Customer. In cases where the domain includes a web site hosted by ITL, such release will terminate the use of that web site and its content on our servers. When requested to transfer a domain to another host ITL will endeavour to complete its obligation within 5 working days. Pricing and Payment The current fees for our domain and web hosting packages are set out on our website. Your completion of the application and payment steps indicates your agreement for ITL to proceed with the domain name approval and initial registration process, together with any subsequent renewals. Your application will not be registered until ITL receives actual payment for the package you have selected. Payment may only be made by one of the approved credit card or other payment providers, details of which are shown on the web site. All fees must be pre-paid and are non-refundable, in whole or in part, even if the domain name registration is suspended or transferred prior to the end of the registration term. However, if an application for a particular domain name is rejected by the relevant registration authority, ITL will return any payments received in respect of that application to the appropriate party. In the event of a charge back by an ITL - approved credit card company or other payment provider, the domain name registration shall be transferred to ITL. The company may, at its sole discretion, reinstate a domain name registration upon receipt of the registration or renewal fee together with any current reinstatement fee. Renewal Prior to the anniversary of your contract registration you will be notified by email that it is due for renewal. You will be invited to visit the Renewals page on the LGP web site and to take the appropriate action to secure ongoing service to your account. Changes and Amendments Domain name registration and administration is a dynamic process and subject to change by the governing authorities and legal systems. By proceeding with your initial registration process you are deemed to acknowledge and agree that ITL may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which ITL is or will be bound, and to adjust to changing business circumstances. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar. Dispute Policy The Dispute Policy of ITL governs any dispute between you and any third party; that is, any party other than ITL, relating to the registration and/or use of the relevant domain name. The registration of a domain name does not confer any legal rights to a name and the use of the domain name once registered may be challenged by a third party. In the event of such a challenge or dispute, the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of a Customer's application for a domain name or the transfer of a registration of a domain name allocated to The Customer to a third party. As the domain names sales of ITL end in .uk, any disputes are dealt with by Nominet UK and are subject to their terms and conditions. For Nominet’s Domain Dispute Policy please see: http://www.nominet.net/ref/drs-policy.html By proceeding with your initial registration process you are deemed to have agreed that you will be subject to the provisions specified in the Dispute Policy in effect at the time when the domain name registration is disputed by a third party. You further agree that in the event that a domain name dispute arises with any third party, you shall indemnify and hold ITL harmless pursuant to the terms and conditions contained in the Dispute Policy. Disclosure and Use of Registration Information You consent to ITL submitting your application data to the relevant authority for registration purposes and irrevocably waive any claims and causes of action you may have arising from such disclosure or use of the domain name registration information. The relevant domain name registry will include the names of the Customer and the administrative contact and other details relating to them. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation. ITL may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name or any other related purpose. Changes to this data once it has been entered into the relevant registry will incur a £20.00 + VAT administration fee. Limitation of Liability For the avoidance of doubt, in no circumstances will ITL be liable to the Customer for any loss of profit, business or anticipated savings suffered by the Customer on account of a failure to obtain or loss of a domain. ITL shall not under any circumstances be liable or responsible for any error, 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. The maximum aggregate liability of ITL shall not exceed the greater of the total amount paid by you for registration of the domain name and GB £50.00 Representations and Warranties ITL are provided on an "as is" basis. ITL 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. Notice: You agree that any notice or communications required by ITL to you shall be deemed to have been given if delivered by email. DISCLAIMER This site and the information, names, images, pictures, logos, icons and hyperlinks regarding or relating to ITL, its products and services (or to third party products and services advertised and/or accessed via this site), is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind for services we provide, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will ITL be liable for any damages your business may suffer including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site. ITL disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ITL and its employees. ITL excludes to the maximum extent permitted by law all liability of any kind in respect of the goods and services that may be purchased or information that may be accessed via this or any third party web site. ITL does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. ITL does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, ITL does not guarantee to be able to replace lost data. ITL reserves the right to revise its policies at any time. Applicable Law These Terms and Conditions and any contract arising between ITL and you as a result of your use of this web site shall be governed by and construed in accordance with the laws of England and Wales Powered by RomanCart Shopping Cart Solutions |
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