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These terms and conditions apply to registering all domain names for the Client by Inigo Media.
Client Obligations
The Client shall not use any domain name registered by Inigo Media on behalf of the Client to communicate, reproduce, transmit, store or knowingly receive any material that is unlawful, offensive, abusive, indecent, defamatory, obscene, menacing or in breach of confidence, infringes the Intellectual Property Rights of or passes of as any third party.
The Client shall not provide incorrect or incomplete name, address, email address or telephone number or any other false information in relation to domain name registrations or otherwise enter information intended to conceal the Client’s identity. The Client further acknowledges that it is its responsibility to notify Inigo Media of any changes to its details and to ensure that those details provided are kept up to date.
The Client acknowledges that the registration and use of domain names is subject to the terms and conditions of the Relevant Naming Authority and accordingly agrees to be bound by them.
Inigo Media register all .uk domains directly for the Client through Nominet UK as a Nominet registrar and are bound by their terms and conditions in doing so.Their terms and conditions are available at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
All non- .uk domains are registered on behalf of Clients through a third party (currently tierra.net) and Inigo Media Clients are bound by both these terms and additionally those of Tierra LLC where applicable (https://www.tierra.net/TOS_current/domains_services#PrivateDomain) and the Registries used by Tierra LLC.
The Client hereby authorises Inigo Media to act as the administrative, technical and billing contact on all Domains and to perform all functions associated with these roles. The Client may act as the administrative contact providing it has submitted a written request to Inigo Media and where the Client is acting as the administrative contact it acknowledges that in relation to its role as administrative contact it is solely responsible for its acts and omissions and the consequences thereof. Inigo Media does not allow the Client to act as the technical/billing contact and if the Client wishes to act as the technical and/or billing contact it will have to transfer the domain away from Inigo Media who can accept no further responsibility for the domain.
The Client acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.
The Client acknowledges that the internet is not a completely secure medium of communication, and, whilst Inigo Media has taken steps to safeguard the security of information the Client sends to Inigo Media, Inigo Media is not and will not be responsible for any damages the Client may suffer as a result of the loss of confidentiality of such information.
In the event of any breach of the provisions of clauses 1.1, 1.2 and 1.3 by the Client, Inigo Media reserves the right forthwith to withdraw, suspend or cancel the Services.
In the event that the Client submits any Order or uses any Services in such a way as may in Inigo Media’s opinion expose Inigo Media to the risk of legal or other proceedings or expose Inigo Media to loss or damage (including reputational damage) of any kind, Inigo Media reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.
Inigo Media’s Obligations
Inigo Media shall use its reasonable endeavours to obtain registration of the domain names requested.
Inigo Media does not warrant or guarantee that the domain name requested by the Client will be registered or be capable of registration and the
Client should take no action in respect of the requested domain name until the Client has been notified that the requested domain name has been registered.
The Client acknowledges that any domain names registered by Inigo Media on the Clients’ behalf may subsequently be suspended or cancelled by persons other than Inigo Media.
If required by the Client, Inigo Media will host any domain name registered through Inigo Media on Inigo Media’s name-servers and provide Web redirection and email forwarding services PROVIDED ALWAYS that the domain name is managed by Inigo Media and Inigo Media remains the technical and billing contact.
The Client acknowledges that if the domain is transferred to another registrar or management of the domain is transferred to another service provider or if the technical and/or billing contact is changed Inigo Media will no longer be under any obligation to host the domain and/or provide web redirection and/or email forwarding.
If the Client does not make use of the Web redirection service for a domain, and does not have web hosting provided by Inigo Media under a separate contract, it will be redirected to a holding page or other website. The Client agrees that Inigo Media may amend the content of any holding page or change the destination of any redirection is at its sole discretion. This does not in any way affect the Client’s right or ability to make use of the Web redirection facility as and when the Client chooses until such time as the domain name licence has expired.
Inigo Media will comply with all applicable data protection legislation in relation to the personal details that the Client provides. All information provided to Inigo Media will be dealt with in accordance with Inigo Media’s privacy policy which can be found on the Website at https://www.inigo.net/privacy-policy
The Client acknowledges that Inigo Media is under no obligation to edit, review or modify information provided by or on behalf of the Client. In order to maintain the integrity of the service, Inigo Media reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, Inigo Media may also forward contact details where a complaint arises concerning the Client’s use of the Service and where that use is deemed by Inigo Media to be inconsistent with these user conditions.
Fees
The Client shall pay to Inigo Media the Fees, inclusive of any additional costs incurred by Inigo Media in processing a domain name registration or renewal.
The Fees shall be paid by the Client, as detailed on the Website at https://www.inigo.net/support/domain-name-registration/uk-domain-name-registration/, without set off or counterclaim.
The Client acknowledges that the provision of the Services is conditional on Inigo Media receiving payment of the Fees in full and in the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Client, Inigo Media reserves the right forthwith to withhold, suspend or cancel the Services.
The Client acknowledges that occasionally unforeseen charges are incurred in processing Orders. Inigo Media shall obtain the Client’s written consent before incurring such charges.
Interest may be charged on overdue accounts at such a rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly.
Cancellation
In entering into a Contract with Inigo Media for Domain Name Services, the Client acknowledges that performance of the Contract will begin immediately and that it is hereby forfeiting its right to cancel the Contract under the Regulations.
Refunds and Credits
If the domain name requested by the Client is unable to be registered the Client will be entitled to a refund of any Fees paid. Unless otherwise provided in the Contract the Client shall not be entitled to any refund of domain name registration or renewal fees where a registration or renewal has been completed.
Transfer of domain names
Inigo Media reserves the right to refuse to transfer a domain where any sum is due from the Client to Inigo Media in respect of that domain name.
Where the Client wishes to transfer the ownership of its domain to a third party Inigo Media may incur costs from its suppliers or the Relevant Naming Authority and will be entitled to charge that cost on to the Client.
On request from a Client in writing, Inigo Media will transfer any .uk domain name on which any fees due have been paid that has been registered by us for that Client to an alternative registrar without charge. International domains on which any fees due have been paid will also be transferred on request in writing, but where Inigo Media incurs costs from its suppliers we will be entitled to charge that cost on to the Client.
Any domain name not registered through Inigo Media but subsequently transferred to Inigo Media is subject to the Conditions.
In submitting a request for a domain name to be transferred to Inigo Media the Client warrants that it is the registrant of the domain name or is authorised to act for and on behalf of the registrant.
In the event of a dispute regarding the ownership of or any rights to a domain name transferred to Inigo Media, Inigo Media reserves the right to take any and all necessary action to protect itself including (without limitation) the right to give the registry key for the domain name to the registrant and/or to authorise the transfer of the domain name away from Inigo Media.
Renewal of domain names
Inigo Media will send the Client a reminder email not later than 21 days before the domain is due for renewal. Inigo Media will renew the domain automatically and invoice the Client before the renewal date, unless any fees already due in respect of the domain name have not been paid or the Client tells us not to renew the domain. Any instruction not to renew must be received not later than 14 days before the domain is due for renewal whether or not Inigo Media has successfully contacted the Client pursuant to this clause.
The renewal of any domain name through Inigo Media is subject to the Conditions.
When renewing non .uk domains, Inigo Media reserves the right in its sole discretion to change the registrar through which the domain is registered and in requesting the renewal of a domain name the Client authorises Inigo Media to make such a change.
Inigo Media does not warrant or guarantee that the domain name requested by the Client will be renewed or be capable of renewal and the Client should take no action in respect of the requested domain name until the Client has been notified that the requested domain name has been registered.
Any domain name not renewed by its expiry date will be de-activated on the expiry date. To avoid loss of service, the Client should ensure that domains are renewed well in advance of the expiry date. Uninterrupted service cannot be guaranteed. After the expiry date, Inigo Media may change the nameservers of a domain name and/or redirect the domain name to a webpage showing advertising or promotional materials of Inigo Media or third parties.
Any .uk domain name may be renewed for a grace period of up to 90 days following its expiry date. The grace period following the expiry date for non-.uk domains varies, and where Inigo Media incurs costs from its suppliers we will be entitled to charge that cost on to the Client.
If a domain is not renewed during the grace period it may be deleted. Once a domain has been deleted it cannot be renewed. At this point it will have to be re-registered and there is a risk that it may be registered by another person or company.
To avoid loss of a domain name, the Client should ensure that domains are renewed well in advance of the expiry date. Successful renewal cannot be guaranteed.
Resellers
If the Client is acting in the capacity of a reseller of the Services or on behalf of a third party the Client agrees:
Inigo Media reserves the right to contract with the Client’s Client directly in relation to the provision of the Services on termination of the Contract with the Client howsoever arising and/or in the event that Inigo Media is unable to contact the Client and/or in the event that Inigo Media receives a complaint from the Client’s Client providing that the Clients Client has requested Inigo Media to contract with them.
Indemnity
The Client shall indemnify Inigo Media and its suppliers and keep Inigo Media and its suppliers fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by Inigo Media as a result of:
Limitation of Liability
Inigo Media warrants to the Client that the Services will be provided using reasonable care and skill.
Except as set out expressly in these conditions, Inigo Media excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.
In no circumstances shall Inigo Media or its suppliers be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:
Notwithstanding anything contained in the Contract Inigo Media’s liability to the Client in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Client for the Services.
The Client expressly acknowledges that the provisions of this clause 9 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with Inigo Media concerning Inigo Media’s liability hereunder.
Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Client are not affected by these Conditions.
Governing Law
The validity, construction and performance of the Contract shall be governed by Scottish law and the parties hereby submit to the jurisdiction of the Scottish Courts.
Definitions
In these Conditions, the following words and expressions have the following meanings:
Conditions
means these terms and conditions;
Contract
means the contract for the provision of Services by Inigo Media to the Client governed by the Order Form and these Conditions;
Client
means the Client to whom Inigo Media has agreed to provide the Services and whose details appear on the Order Form and emailed order;
Client Data
means data provided to Inigo Media by the Client for the purpose of Inigo Media providing the Services.
Domain Name Services
means the processing of Orders with the Relevant Naming Authority on the Clients’ behalf and such additional services as may be agreed between the parties. Section B of these Conditions relates to Domain Name Services;
Inigo Media
means Inigo Media Limited (Company Number: SC212011), whose registered office is at 3 John’s Place, Edinburgh, EH6 7EL, and its employees, agents or sub contractors (as appropriate);
Fees
means the fees published (including any Pre-registration Fee and Deposit payable in respect of Pre-registration Services) by or on behalf of Inigo Media from time to time on the Website and payable in pounds sterling;
Intellectual Property Rights
means any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trademarks or names and patents in each case whether registered or unregistered names;
Order
means the Clients application for the Services;
Order Form
means any emailed order, order form and Client sign up pages displayed by or on behalf of Inigo Media on the Website, the Client’s website administration area or elsewhere;
Regulations
means the Consumer Protection (Distance Selling) Regulations 2000;
Relevant Naming Authority
means Nominet UK for UK domain names, ICANN for international domain names and the CentralNIC for .uk.com domains;
Transmit
includes use, facilitate (e.g. by operating chatroom, discussion groups, FTP sites etc) generate, link to, upload, post, publish, download, store, disseminate, email, send or receive via or in any way connected with our goods or services;
Website
means Inigo Media’s website accessible at www.www.inigo.net or such other address as Inigo Media shall notify to the Client from time to time.
Web redirection
means a service provided by Inigo Media whereby a domain can be configured so that it redirects an Internet user to a website located at a different Internet address.
You
means the Client applying for the provision of Services from Inigo Media.