Definitions
In these Terms and Conditions, unless the context otherwise requires, the
following terms shall have the following meaning:
"Acceptance of Use Policy" means the policy specified at Rapport
main.asp?area=legal or as supplied in writing.
"Application" means an application for the provision of service
submitted by the Client to Rapport.
"Rapport" means a trading name for The Rapport Partnership,
188 Warwick Road, Kenilworth.
"Price List" means the list of fees payable by the Client in
respect of the services provided and available at Rapport.
"Client" means the person, firm or Company whose application
is accepted by Rapport.
"Domain Name" means the domain name requested by the Client
on the Application or any alternative domain name offered by Rapport.
"Services" means the services to be provided by Rapport to
the Client.
"Terms and Conditions" means the terms and conditions including
any schedules hereto.
Any agreement between Rapport and the Client for the provision of services
( an "Agreement") shall be entered into on the basis of these
Terms and Conditions and also any other Terms and Conditions set out or
referred to in any document or other communication used by Rapport in
concluding such an agreement.
Terms
Any agreement shall commence on the date of acceptance by Rapport
of the Application submitted by the Client and shall be paid on an annual
basis as agreed for an initial contract period of 12 months and annually
thereafter as agreed, unless and until terminated by either party by providing
30 days written notice with no termination earlier than the end of the
initial contract period or annual renewal period.
Services
Rapport shall provide the Services using all reasonable care and skill
subject to payment by the Client of all amounts payable hereunder on the
dates specified herein or on the Application. The Client shall do all
things and provide all such information as is reasonably required by Rapport
to provide the Services in accordance with these Terms and Conditions.
Registration of Domain Name
In consideration of payment by the Client of the appropriate fee specified
in the Rapport Price List, Rapport shall apply for registration of the
Domain Name requested by the Client on the Application.
The Client agrees and acknowledges that Rapport shall not be liable in
any way for acts, omissions, or errors of the naming authority or registering
agent in relation to the registration (or non-registration, as the case
may be) of the Domain Name. Whilst Rapport will use all reasonable endeavours
to obtain the Domain Name for the Client, the Client acknowledges that
Rapport shall not be liable for such registration where the Domain Name
is or becomes unavailable for any reason whatsoever. Rapport shall not
be liable for any delay in activating the Domain Name on the Server nor
for any cost incurred by the Client as a result of such delay and the
Client's obligation to pay the fees set out in the Rapport Price List
shall not be affected by any such delay.
The Client warrants that the Domain Name does not infringe any intellectual
property rights of the third party, including but not limited to trade
marks registered or otherwise used by any third party and the client shall
indemnify and keep Rapport indemnified in respect of any loss, damages,
costs, or other expenses arising out of or in connection with any breach
by the Client of this Clause.
Domain Names
We use various registrars at our discretion and require that you understand
the terms and conditions of each before proceeding with an order to us.
.uk.com, gb.com & eu.com:
nomination.net (centralnic.com/terms.php)
.gov.uk & ac.uk
ja.net (a.net/documents/naming/names_ac_gov.html)
.com, .org & .net
networksolutions.net (netsol.com/en_US/legal/legal-notice.jhtml)
.co.uk, .org.uk, .ltd.uk, .plc.uk & .net.uk
nominet.net (nic.uk/terms.html)
When the domain name is registered on your behalf you will also be subject
to the terms and conditions of Nominet UK which are available for inspection
at http://www.nic.uk/terms.html
Transfer of Domain Name
On the Client's request, Rapport shall host an Existing Domain Name owned
by the client provided that the Client shall be solely responsible for
the transfer of the Existing Domain Name to the Rapport server on or after
the commencement of any Agreement and for any fees payable to any third
party in relation to such transfer. On termination of this Agreement,
the client may transfer the Domain Name or any existing Domain Name to
any third party server subject to completion by the Client of a transfer
form and payment by the Client of any applicable transfer fee set out
in the Price List in effect at that time and provided that the initial
contract period of 12 months has not yet expired unless the Client pays
all outstanding fees for the full period.
Renewal of Registration
Rapport will automatically renew the Client's contract each year after
the initial 12 month agreement unless the customer notifies Rapport at
least 30 days prior to the end of the agreement. Rapport will use its
reasonable endeavours to ensure that the Domain Name or the existing Domain
Name be automatically renewed after expiry of the initial 12 month registration
period provided that this agreement remains in force up to the date of
expiry of such period. In consideration for renewal of the Domain Name
or the Existing Domain Name by Rapport and prior to the renewal date,
the Client shall pay to Rapport the renewal fee set out in the Price List.
Whilst Rapport will use all reasonable endeavours to ensure that the Domain
Name of the Existing Domain Name is renewed at the relevant renewal date,
the Client acknowledges that it is not possible for Rapport to guarantee
such renewal and that Rapport shall be liable for any liable for any failure
to renew the Domain Name or the Existing Domain Name.
Design And Hosting
If Rapport Design is contracted to develop a web site hosted at Rapport.
All material for inclusion on the Website must be owned by the Client
and the Client agrees to keep Rapport indemnified in respect of any loss,
damages, costs, or other expenses arising out of or in connection with
any breach by the Client of this Clause. The client is responsible for
all website content.
For all the above options, the Client shall pay to Rapport the fee specified.
Whilst Rapport shall use all reasonable endeavours to ensure that the
Website can be accessed by users of the Internet at all times, the Client
acknowledges that it is technically impossible to provide such access
free of fault at all times and Rapport does not undertake to do so. Rapport
expressly reserves the right to suspend availability of the Website for
the purpose of necessary or scheduled maintenance. Access to the Website
may also be adversely affected by conditions and performance outside Rapport's
control, including without limitation, the breakdown of transmission and
telecommunication links.
Website Design
Where Rapport designs and develops a website on behalf of the Client,
Rapport shall do so in accordance with the specification agreed with the
Client. Once agreed, the specification may only be changed with the prior
written agreement of Rapport and the Client. Rapport reserves the right
to levy an additional charge in respect of extra work undertaken as a
result of any requested change to the specification.
If the Client's website amounts to a breach of any of the terms and conditions
applicable to it then Rapport may in its absolute discretion amend any
part of the website to remedy such breach, suspend access to the website,
or terminate the Services in accordance with the provisions of these terms
and conditions.
The Client hereby authorises Rapport to publish on the Internet all material
supplied or authorised by the Client for inclusion on the Client's website.
The Client grants Rapport a license to use any trade marks of the Client's
required for inclusion in the Client's website.
The copyright, patent and other intellectual property rights (IPR) directly
or indirectly in connection with the design and development by Rapport
shall vest in Rapport. Rapport reserves the right to use the Client's
website for promotional purposes provided that Rapport shall notify the
Client of any such use.
Data Backup
Whilst Rapport shall use its reasonable endeavours to ensure that backup
copies of the Website and all Client data contained in the Website are
made at reasonable intervals, the Client shall be solely responsible for
the backup of such data and Rapport shall not be liable for any damages,
loss, costs or other expenses arising out of or in connection with any
loss of data by the Client which are due to the failure of the Client
or Rapport to backup such data.
Charges
The fees payable to Rapport in respect of the Services are specified in
the Rapport Price Menu. All charges are exclusive of VAT at the prevailing
rate. All charges shall be made payable in advance. Any failure by the
Client to pay any fees due under these Terms and Conditions on the date
specified shall be deemed to a "material breach" of these Terms
and Conditions. If the Client is overdue with any payments hereunder,
then without prejudice to Rapport other rights and remedies the Client
accepts that immediate removal of web content, updating facilities and
any other service deemed by Rapport to be within the scope of this agreement.
Reinstatement shall only occur when all monies owed have been paid to
Rapport and any such reinstatement shall be at the sole discretion of
Rapport.
Data Protection Act
Each party shall for the duration of any agreement governed by these
Terms and Condition comply with the provisions of the Data Protection
Act. (including the data protection principles set out in that Act) and
any similar or analogous laws, regulatory requirements or codes of practice
governing the use, storage or transmission of personal data and shall
not permit anything to be done which might cause or otherwise result in
a breach by either party of the same.
General
Terms for all products including .com, .net and .org names and any hosting
packages
Indemnity
You agree to defend, indemnify and hold harmless Rapport and any of our
affiliated sister websites, NOMINATION, JA, NETWORKSOLUTIONS, NOMINET
and any applicable domain name registry and the directors, offices, employees
and agents of each of them, for any loss, damages or costs, including
reasonable solicitors/attorneys fees, resulting from any third party claim,
action, or demand related to your domain name or the use thereof.
We will delete, without notice, any sites that feature:-
Any nudity, erotic images, sexually orientated material, or sexual themes
(insofar as adult material is concerned);
Any spam whatsoever;
Any (apparently) illegal or morally questionable activity;
Any domain which is brought to our attention that could breach ANY trademark
regulation world-wide;
If in doubt, it's probably not what we want on our servers and you would
face deletion without refund.
The decision as to what is decent, legal and honest is ours. There is
no appeal process.
We will monitor your content Ð if in doubt ask us.
Spam
We have a strict anti-spam policy. We reserve the right to withdraw service
in the event of complaint.
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