Use of this Web Site is subject to the following terms and conditions. If you do not accept these terms and conditions, please exit from this Web Site immediately.
This Web Site is operated from the United Kingdom and the information services and products on this Web Site are intended for use by residents of the UK only and are not aimed at or intended for use by residents of any other country.
TERMS AND CONDITIONS FOR USE OF ON THE SPOT INTERNET WEBSITE
Access to and use of this website is provided by On The Spot Internet subject to the following terms and conditions.
1.DEFINITIONS
“You/your”
means a user of the Services;
“We/us”
means On The Spot Internet;
“Conditions”
means these terms and conditions;
“Fees”
means the fees payable by you to us for the Services as detailed in Part B of the Schedule annexed to this Agreement;
“Domain Names”
means the various Internet domain names to be purchased by you from the On The Spot Internet site (as defined below)
“On the Spot Internet Site”
means the website with the URL of www.onthespot.co.uk or such subsequent URL as may replace this;
“Merchant Information”
means the details provided by you on registration;
“Services”
means the content, and other services provided by us through the On The Spot Internet Site;
“URL”
means a uniform resource locator provided to identify a website on the internet; and
“User(s)”
means the user(s) of the On The Spot Internet Site, other than On The Spot Internet, either individually or collectively as the context requires.
2. REGISTRATION
2.1 You warrant that:
2.1.1 the Merchant Information which you are required to provide when you register with the On The Spot Internet Site is true, accurate, current and complete in all respects;
2.1.2 you are of full legal capacity; and
2.1.3 you are resident in the United Kingdom.
2.2 You agree to notify us immediately of any changes to the Merchant Information at the following e-mail address: [ domains@onthespot.co.uk ] or as otherwise notified by us to you from time to time).
2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3. YOUR DATA AND USERS’ DATA
3.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
3.2 You should be aware that:
3.2.1 If we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your Merchant Information and/or information concerning your activities whilst using the on the Spot Internet Site or the Services we shall do so. Similarly, we will disclose your Merchant Information and/or details of your use of the Services if we are compelled to do so by law. We shall also disclose your Merchant Information to a third party if that third party alleges an infringement of their rights and, in our view, it is reasonable for us to do so and you hereby consent to that disclosure.
3.2.2 We will pass your Merchant Information on to Clydsedale Bank Plc. or other provider of internet payment services as we recommend from time to time and to any other third party who requires Merchant Information to enable it to provide services to you at your request relating to the on the Spot Internet Site. Some of these third parties may be from outside the European Union (“EU”) where data protection is not as controlled as within the EU. However, we will use reasonable efforts to ensure that such third parties have appropriate data protection procedures in place.
4. THE SERVICE
4.1 In consideration of you ensuring payment of the fees we undertake to procure the transfer of the Domain Names to you on the terms and conditions set out below.
4.2 We shall forthwith upon receipt of a credit card payment of the fees notify the relevant registration authorities for the Domain Names that the Domain Names are to be transferred from the sole owner of the Domain Names to you and do all other things necessary to ensure transfer of the Domain Names to you.
4.3 You shall reimburse us in respect of any expenses reasonably and properly incurred by us in the course of performing our obligations under this Agreement up to a maximum of £50+VAT per domain unless otherwise agreed between you and us.
4.4 In the event we fail to transfer the Domain Names to you in accordance with the provision of this Agreement, we hereby agree to repay the fees immediately to you, such undertaking being without prejudice to the rights of you at law or otherwise under this Agreement. For the avoidance of doubt, this Condition 4.4 will apply where the Domain Names are unavailable for transfer to you.
4.5 On The Spot will remain the administrative contact for the domain until such a point that all payments are received. Once payment is received the admin contact can be changed at the request of the registrant at no extra charge.
4.6 Once the Domain Names are transferred to you, you will remain the owner for 2 years.
4.7 When the 2 year period referred to in 4.6 above expires, you will be given the opportunity to renew your ownership of the Domain Names.
5. PAYMENT SERVICES
5.1 You agree to pay the fees by way of credit card payment.
5.2 You agree to enter into a separate agreement with Clydesdale Bank Plc or other provider of internet payment services, as we may recommend from time to time.
5.3 You acknowledge that we are not liable in any way for any action howsoever arising from your relationship with our recommended provider of internet payment services.
5.3 Payment by invoice is accepted on the condition that you agree to pay us the agreed amount on receipt of the invoice.
6. INDEMNITY
6.1 You agree fully to indemnify us, and our officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other claim made against us arising out of the purchase of your selected Domain Name. For the avoidance of doubt, this indemnity shall include any costs, including legal fees or collection fees, which we incur in collecting Fees which are overdue for payment by you to us.
6.2 You will indemnify us in full in respect of any claims arising in relation to infringement of third party intellectual property rights in respect of the use of the Domain Names.
7. CANCELLATION AND REFUNDS
7.1 We reserve the right to cancel the services at our discretion. In the event of cancellation by us, all monies paid to us will be refunded promptly. We will not be responsible for other expenses incurred by you.
7.2 If paying by invoice UK domains can be cancelled before payment is made. A charge of £10+VAT per domain will be levied for this service. Once payment is made the domain cannot be cancelled.
7.3 If paying by invoice US domains cannot be cancelled until the initial 2 year period has come to an end and you agree to pay the full amount as stated on the invoice and on the On The Spot Internet site.
8. OUR RIGHTS
8.1 We reserve the right to:
8.1.1 modify or withdraw, temporarily or permanently, the On The Spot Internet Site or the Services with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the On The Spot Internet Site.
9. LINKS
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, goods or other materials on or available from such sites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources.
10. INTELLECTUAL PROPERTY AND RIGHT TO USE
10.1 You acknowledge and agree that all passwords, URLs, usernames, copyright, trademarks and all other intellectual property rights in any material or content supplied or selected as part of the On The Spot Internet Site and the Services shall remain vested in us or our licensors. You are permitted to use these materials only as expressly authorised by us or our licensors.
11. TERMINATION
11.1 Notwithstanding Condition 10.1, we have the right to terminate our obligations pursuant to these Conditions:-
11.1.1 immediately at any time if you breach any term of these Conditions or if we are requested to do so by a court of competent jurisdiction or a government body; or
11.1.2 on giving you 7 days prior notice by e-mail (with the 7 days running from the date we send you the e-mail) for any other reason at our discretion.
11.2 Subject to Condition 11.3, you have the right to immediately terminate your and our obligations pursuant to these Conditions on giving notice to us by sending an e-mail to [domains@onthespot.co.uk].
11.3 On termination of these Conditions, you agree:
11.3.1 to pay all outstanding Fees due to us; and
11.3.2 not to attempt to use the On The Spot Internet Site unless we give you our express written consent to do so.
11.4 Conditions 1, 3,6, 7, 10, 11 12 and 16 shall survive expiry or termination of this Agreement.
12. LIMITATION OF LIABILITY
12.2 We will not be liable, in contract, delict (including negligence) or for breach of statutory duty in any other way to you for:
12.2.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
12.2.2 any loss of goodwill or reputation; or
12.2.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of the parties at the date of the Conditions.
12.6 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
13. ASSIGNMENT
You may not assign or sub-license any of your rights or obligations under these Conditions to any third party.
14. GENERAL
14.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14.2 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. ENTIRE AGREEMENT
The Conditions (as amended from time to time) together with any document expressly referred to herein, contain the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
16. LAW
These Conditions shall be governed by and construed in accordance with the laws of Scotland, and any dispute regarding use of this Web Site shall be subject to the non-exclusive jurisdiction of the Scottish Courts.
18. PRIVACY
18.1 On The Spot Internet will hold and use your personal information on its systems for the purposes of administration, satisfying orders, running competitions, business development, trend analysis and marketing.
18.2 On using the services of On The Spot Internet Site we may search the files of a credit reference agency who will record the fact that a search has been made.
18.3 In return for a small administration fee, you have the right to ask for a copy of the information we hold on you at any time.
18.4 You have the right to have any inaccuracies in the information we hold on you corrected.
This is the schedule referred to in the foregoing terms and conditions.
PART B
The following fees are incurred in respect of each of the Domain Names detailed in Part A of the schedule above. The fees are exclusive of VAT at the rate of 20% for the default period of 2 years.
Payment will be accepted by cheque, BACS or credit card. Credit card payments will be accepted for domain name registration, domain name renewal, 12 month hosting accounts, and 12 month mailbox accounts.
All monthly subscrition accounts must be paid by standing order/direct debit.
