Terms + Conditions
1. Price variation – Estimates are based on the current costs of production and unless agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. Tax – loyaltyMATTERS Ltd or its nominated agents reserves the right to charge the amount of value added tax payable whether or not included on the estimate or invoice.
3. Preliminary work – All work carried out, whether experimentally or otherwise, at a customer’s request shall be charged.
4. Copy – Where any additional work of whatever nature is necessary as a result of anything, including any copy supplied by a customer not being clear and/or legible loyaltyMATTERS Ltd shall be entitled to make additional charges on a time and materials basis to cover such additional work.
5. Proofs – Mock ups, test emails, test websites or proofs of all work may be submitted for customer’s approval. LoyaltyMATTERS or its nominated agents shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to the loyaltyMATTERS’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
(a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever (including any code text and/or content) prepared, developed or created by loyaltyMATTERS Ltd including in connection with any website and/or web booklet created by loyaltyMATTERS Ltd (“a Website”) shall vest in and belong to loyaltyMATTERS Ltd. loyaltyMATTERS Ltd may use any artwork or printing or website produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing loyaltyMATTERS Ltd to reproduce the same. The customer shall indemnify and hold loyaltyMATTERS Ltd and all of its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the use and/or reproduction of the Materials by loyaltyMATTERS Ltd infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
(b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by loyaltyMATTERS Ltd and its Marketing Collateral are the intellectual property of loyaltyMATTERS Ltd or its content providers and as between loyaltyMATTERS Ltd and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to loyaltyMATTERS Ltd. No reproduction of any part is allowed without written permission.
7. Company imprint – Unless otherwise specifically requested in writing all work may carry our company imprint(s) which will be positioned at our discretion.
8. Delivery & Payment
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the “Guaranteed Period”)), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should loyaltyMATTERS fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service “credit” will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the “Credit”). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (“the Premium Charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, loyaltyMATTERS, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time.
Delivery of work by loyaltyMATTERS shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where loyaltyMATTERS is obliged to deliver the work) actual delivery of the work to the customer by loyaltyMATTERS. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which loyaltyMATTERS is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where loyaltyMATTERS is obliged to deliver the work to the customer but the customer provides loyaltyMATTERS with incomplete or incorrect delivery information or is not available to accept delivery, then provided that loyaltyMATTERS has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
In the unlikely event that loyaltyMATTERS deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of loyaltyMATTERS’s confirmation to the customer of its agreement to reprint the work.
Unless otherwise specified the price quoted is for collection of the work from loyaltyMATTERS at 104 Station Parade, Harrogate, North Yorkshire, HG1 1HQ. A charge may be made to cover any extra costs involved for delivery to a different address.
Payment: On instruction we require a deposit of between 25 – 50% of the full order value (varies by order value). The balance of payment is due on completion of work and before printing, setting a website live or transmission of email. Credit terms are available, subject to status, on application.
- These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not approving proofs or mock-ups or failing to provide copy or content by the time specified by loyaltyMATTERS or failing to make payment by the time such payment is due) (a “Customer Delay”). In the event of a Customer Delay the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges but loyaltyMATTERS shall not be bound to deliver within the Guaranteed Period.
- Should work be suspended at the request of or delayed through any default of the customer including a Customer Delay for a period of 30 days or more loyaltyMATTERS Ltd shall then be entitled to payment in full for the work already carried out, materials specially ordered and other additional costs including storage / hosting (where applicable) and/or services ordered.
- loyaltyMATTERS Ltd shall be entitled to payment in full before the Website will be on-line
- Should expedited delivery be agreed loyaltyMATTERS shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
- Risk of loss of or damage to work completed by loyaltyMATTERS shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by loyaltyMATTERS until loyaltyMATTERS has received payment in full in respect of the work.
9. Variations In Print Quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that loyaltyMATTERS shall have no liability in respect of such variations. For other variations loyaltyMATTERS’s entire liability will be to award a Credit. The table below sets out the circumstances under which a Credit will be awarded:
|Quantities||No Credit awarded||Pro Rata Credit awarded||1.5x Pro Rata Credit awarded|
|up to 1,000||Shortage up to 10%||11% to 20%||21% to 25%*|
|up to 5,000||Shortage up to 7%||8% to 15%||16% to 23%*|
|up to 20,000||Shortage up to 5%||6% to 12%||13% to 21%*|
|above 20,000||Shortage up to 4%||5% to 10%||11% to 20%*|
* The Customer’s sole remedy in respect of shortages above these quantities (“Additional Shortages”) will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by loyaltyMATTERS within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to loyaltyMATTERS and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to loyaltyMATTERS and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to loyaltyMATTERS within 28 days of delivery. LoyaltyMATTERS shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Any claim that the elements detailed in the Order Form have not been provided must be made in writing to loyaltyMATTERS Ltd within 28 days of delivery / the site going live. loyaltyMATTERS Ltd shall not be liable in respect of any claim if the claim in question is notified outside the aforementioned timescale.
11.Liability. loyaltyMATTERS Ltd and its associated trademarks (including but not limited to Printing.com Harrogate, HG1 Printing.com, HarrogatesLocalPrinting.com, Newsletterhub, ExpertWeb, NewZend and Designs Unlimited) gives no warranties, or guarantees, or makes any representations as to the merchantability or fitness for a particular purpose of any completed work (including any Website, email, software and/or web booklet) the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. loyaltyMATTERS Ltd shall not be liable for any loss arising from delay in transit not caused by loyaltyMATTERS Ltd. Further, loyaltyMATTERS Ltd shall not be liable for any indirect, special or consequential damages, loss of profits, economical loss, loss of goodwill or loss of anticipated savings or loss of data including any data stored on or accessible through a Website. The total aggregate liability of loyaltyMATTERS ltd in respect of any and all causes of action arising out of or in connection with the customer’s order and loyaltyMATTERS Ltd’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to loyaltyMATTERS Ltd by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
12. Standing Material
- Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of LOYALTYMATTERS. Such items when supplied by the customer shall remain the customer’s property.
- Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, loyaltyMATTERS shall be entitled to make additional charges.
13. Customer’s Property
- The customer’s property and all property supplied to loyaltyMATTERS by or on behalf of the customer shall while it is in the possession of loyaltyMATTERS or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
- Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, loyaltyMATTERS shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
14. Materials Supplied by the Customer
- LoyaltyMATTERS may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by loyaltyMATTERS in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
- LoyaltyMATTERS shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
- LoyaltyMATTERS shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an Insufficient Supply”) then loyaltyMATTERS shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
15. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), loyaltyMATTERS reserves the right to charge interest on the overdue debt at 8% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, loyaltyMATTERS without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to loyaltyMATTERS, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in loyaltyMATTERS’s ‘s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as loyaltyMATTERS thinks fit and to apply the proceeds towards such debts.
17. Illegal Matter
- LoyaltyMATTERS shall not be required to print, email or host web pages containing any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
- The customer shall indemnify and hold loyaltyMATTERS and all their agents and representatives harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or becoming Offending Matter.
- Without prejudice to any other right or remedy the printing.com reseller may have under these terms and conditions or at law, in the event that loyaltyMATTERS Ltd reasonably believes that any Website contains Offending Matter or if required by any court or other competent authority to take the Website down then it may without any liability whatsoever to the customer and without giving any prior notice to the customer, take the Website in question down.
18. Periodical Publications
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the foregoing, loyaltyMATTERS may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
19. Full Colour Printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, loyaltyMATTERS shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by loyaltyMATTERS or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
20. Data Protection
By placing an order with loyaltyMATTERS, the customer consents to its details being passed on to LOYALTYMATTERS for accounting and marketing purposes. The details will be kept by LOYALTYMATTERS even after the customer’s trading relationship with loyaltyMATTERS has terminated. LOYALTYMATTERS and loyaltyMATTERS may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that LOYALTYMATTERS or loyaltyMATTERS consider may be of interest to customers.
21. Force Majeure
LoyaltyMATTERS shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials or services required for the performance of the contract, any loss of access to any network (including the internet) or any act or omission of any ISP, Website host, or similar which arises other than as consequence of loyaltyMATTERS Ltd being in breach of any agreement with the ISP or Website host (or similar) in question. During the continuance of such a contingency the customer may by written notice to loyaltyMATTERS Ltd to elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
22. Severability – If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
23. Invalidity of other terms – Unless expressly agreed to in writing, no other terms (including those contained on any purchase order supplied by a customer) nor any representation will form part of any contract between loyaltyMATTERS Ltd and the customer and these terms and conditions will, in absence of any written agreement between loyaltyMATTERS Ltd and the customer stating otherwise, represent the entirety of the terms of such contract.
24. Notice – Any notice to be required to be served under any contract between loyaltyMATTERS Ltd and the customer shall be in writing and delivered personally or sent by first class prepaid post to loyaltyMATTERS Ltd, 104 Station Parade, Harrogate, North Yorkshire, HG1 1HQ and, in the case of the customer, to the address of the customer detailed in the order form. Any such notice shall be deemed properly served, in the case of personal delivery on delivery and in the case of posting two working days after the date of posting.
25. Variation to Terms and Conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between loyaltyMATTERS and the customer into which these terms are incorporated.
If you have a problem, or a complaint, please contact as soon as possible.
Please contact us by telephone on any of the numbers below to speak to someone about your complaint, technical support, billing, sales issue etc. If the person you speak with is unable to resolve your complaint, they will refer your complaint directly to a company Director. Upon receipt of your complaint, the relevant Director will investigate the complaint and contact you directly.
Office Number: 01423 857900
Support: 0800 612 3340
Billing: 01423 857903
Our normal office opening hours are Monday to Friday, 9am to 6pm.
You can email our complaints team at email@example.com or by raising a ticket on our website: https://loyaltymatters.co.uk/support/. Outside of normal office hours we operate a skeleton team and aim to respond within 24 hours in the event of a critical ticket being raised (eg where your website or email is unavailable) and within a maximum of 3 working days for less urgent complaints.
We can also be contacted in writing, please write to us at our UK address below:
104 Station Parade, Harrogate, HG1 1HQ
Please include your account number, email address and telephone number together with as much detail as possible in your request, so we can fully investigate your concerns before contacting you.
We aim to respond to urgent complaints within 24 hours and for less critical complains within a maximum of 3 working days. Please note that postal complaints may take longer to process and we would always advise customers (where possible) to contact us directly by email or telephone.
Please note: by signing up for any of our Services you agree to be bound by all loyaltyMATTERS Ltd terms and conditions.
THIS SERVICE LEVEL AGREEMENT (SLA) APPLIES TO THE PROVISION OF DOMAIN REGISTRATION SERVICES AND SHOULD BE READ IN CONJUNCTION WITH THE SERVICE DESCRIPTION FOR THE PURCHASED SERVICE.
1 Services Provided
This SLA applies to all Domain Registration Services including associated DNS Services. loyaltyMATTERS Ltd are Nominet registrars and operate under the TAGS ‘LOYALTY’ and ‘BWD-LTD’.
2 Service Level Agreement
The service is designed to be available continually 24 hours a day, 7 days a week, 365 days per year, subject to planned maintenance time. Support is available based on Standard Business Hours of 08:00 to 18:00 Monday-Friday.
loyaltyMATTERS Ltd will use reasonable endeavours to meet a target of 99.9% availability, subject to the terms of this Agreement.
3.1 Service availability will be based on the availability of loyalTYMATTERS Ltd’s Managed DNS Zone Servers for servicing DNS queries relating to the customers’ domain. We partner with Rackspace Ltd to provide this service who operate a 24 hour support service with a 24 hour SLA agreement for tickets we raise with them.
3.2 Downtime does not include any period of time where the service is not available as a result of Planned Maintenance, or where service availability is impacted by failure of other services such as those provided by Top Level Domain (TLD) registries.
3.3 Service availability measures only apply from 48 hours after the Domain Name has been registered and the appropriate DNS Zone files configured.
4. Service Operations
4.1 Monitoring. loyaltyMATTERS Ltd partner with Rackspace to provide automated monitoring and logging of uptime on a 24\7 basis. Frequency of monitoring is determined by the applicable Service Level. In addition we encourage clients to regularly monitor their website’s availability and to notify us in the event of any issues.
4.2 Incident Reporting. All faults should be reported in the first instance to LoyaltyMATTERS Ltd by contacting our Support Services Team via telephone on 01423 857900, or via email to firstname.lastname@example.org. Following receipt of which we will use best endeavours to resolve the issue without undue delay during our normal offices hours (Monday to Friday 9am to 6pm). In addition we provide a skeleton service outside of normal office hours and aim to respond within 24 hours to critical incidents.
4.3 Configuration / Change Management. All requests for changes to the DNS service configuration should be made in the first instance to the loyaltyMATTERS Ltd Support Team by either telephone on 01423 857900 or by email to email@example.com. We will use best endeavours to process the Request without undue delay during our normal office hours (Monday to Friday 9am to 6pm).
4.4 No changes will be made to either Registration Details or DNS Records until we have received approval, in writing or via email, of a Change Request. Where applicable we will also require any related fees being paid before we implement any changes.
Typical lead times for specific change types are as follows:
– Modify Registrant Details: 2 Business Days
– Add / Amend DNS Records: 1 Business Day Domain
– Transfers: 2 business Days
– Modify Name Servers: 1 Business Day. Please note: Name Server records can take up to 72 hours to fully propagate following a change.
Domain transfer requests are dependent on third parties and registry processes. Domain transfers for some domains can take several weeks to complete. Our lead times refer to time taken for us to respond at each stage of the process.
4.5 Planned Maintenance. Notification will be made to the primary contact for the client as advised on the client order or as subsequently updated by the client, whenever planned maintenance is likely to interrupt the service. loyaltyMATTERS Ltd reserve the right to carry out emergency maintenance at any time where it is necessary to maintain the integrity or security of the network. loyaltyMATTERS Ltd will endeavour to provide as much notification of such emergency maintenance as possible.
5.1 If the client feels that loyaltyMATTERS Ltd are not living up to the commitments in this SLA, the following escalation path should be followed:
– In the first instance telephone us (01423 857900) or email us firstname.lastname@example.org. We aim to respond prompltly and in any event within 1 to 3 working days
– If our support team are unable to help you the issue will be escalated to one of our Directors who will also aim to respond promptly and within a maximum 3 working days
– If a Director is unable to resolve your issue the final level of Escalation would be to our Managing Director email@example.com who will also aim to respond promptly and within a maximum 3 working days.
– For .uk domains Nominet also operate a complaints procedure details of which can be found here: http://www.nominet.uk/resources/complaints/
6. Exclusions to this SLA
6.1 This Service Level Agreement and corresponding compensation will not apply where:
(a) failure is due to Force Majeure
(b) failure is due to inaccurate information provided by the client
(c) failure is due to the actions of client representatives / 3rd parties acting for the client or under client instruction
(d) failure is due to a failure of access circuits at the clients site
(e) the client has failed to implement any reasonable and clear instructions issued by loyaltyMATTERS Ltd in relation to the service
(f) the client and loyaltyMATTERS Ltd agree a different timescale for the performance of a Service Level as described in this agreement
(g) the client is in breach of any part of the contract for services, including the terms and conditions for payment of invoices, or the service has been suspended by loyaltyMATTERS Ltd in accordance with terms and conditions
1. LOYALTYMATTERS LTD OPERATES TWO NOMINET REGISTRAR TAGS: LOYALTY AND BWD-LTD. THESE TERMS APPLY TO ALL NEW AND EXISTING CLIENTS OF LOYALTY AND / OR BWD-LTD SEEKING TO REGISTER A .UK DOMAIN NAME.
2. Registration of .UK domain names operates on a first come first served basis. For the avoidance of all doubt, LOYALTY / BWD-LTD may only offer registration of .UK domains in the following situations:
- a) Where individual Clients are at least 18 years of age;
- b) Where the Client is a UK resident. For non-UK residents a proxy will be automatically provided to enable registration. Clients acknowledge and understand that PO Boxes will be unacceptable as an address;
- c) If the equivalent .CO.UK, .ORG.UK, .ME.UK, .LTD.UK, .PLC.UK and .NET.UK domains are available for registration, Clients may register the direct .UK domain. The client is not required to register the equivalent .co.uk at the same time with the registration of the direct .UK domain name.
3. Applications are at the discretion of the registry in accordance with their terms and conditions.
4. LOYALTY / BWD-LTD does not take responsibility for any unsuccessful applications based on incorrect information entered by Clients.
5. .UK domain names are charged at £10.00 (plus VAT) per year of registration and may be registered for multiple years but no more than 10 (ten) years.
6. Clients acknowledge that whilst LOYALTY / BWD-LTD will use its’ reasonable endeavours to register a .UK domain, LOYALTY / BWD-LTD does not accept any liability if the .UK Registry (for whatsoever reason) is incapable of registering the domain name.
7. LOYALTY / BWD-LTD does not accept liability for the unsuccessful registration of a .UK domain name which is caused by unforeseen circumstances.
8. Payment for the relevant domain the Client has registered will be taken at the time of placing the order or, if by prior agreement by invoice with 30 day terms.
9. Clients acknowledge that IPS Tag changes for .UK domain names are chargeable at the rate of £25.00 (plus VAT) per domain name.
10. Clients understand and accept that they are responsible for ensuring prior to registration that they have provided accurate details of domain name they wish to purchase.
11. Registration of .UK domain names is subject to LOYALTY MATTERS Ltd General Terms and Conditions and LOYALTYMATTERS LTD Domain Registration, Renewal and Refund Agreement. If there is any conflict between these .UK Registration terms and the 123-reg General terms, then the terms set out herein shall prevail.
12. LOYALTY / BWD-LTD reserves the right to end this service, extend this service and or amend the terms and conditions of this service at any time without the prior notice or consent of the Client. Reasonable usage applies.
Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies; where possible relevant links have been provided below:
- Registrant terms: www.nominet.org.uk/nominet-terms
- Domain dispute policy: www.nominet.org.uk/disputes/drs/policy/
- Further information can be found at www.nominet.org.uk
.com, .net, .org, .info, .biz, .cc, .tv, .cn, .be, .at, .es, .me
- Tucows OpenSRS terms and conditions
- Terms and Conditions for .com/.net
- Uniform Domain Name Dispute Resolution Policy
- .tv Registration Agreement
- .cc Registration Agreement
- .biz – Schedule B – Form of Registration Agreement
- .info – Schedule A – Form of Registration Agreement
- .me – list of reserved and premium names (PDF link)
- Registrants Rights and Responsibilities (ICANN)
.uk.com, .gb.com, .eu.com, .de.com, .jpn.com, .uk.net, .gb.net, .us.com, .qc.com,
THIS DOMAINS REGISTRATION, RENEWAL AND REFUND AGREEMENT GOVERNS THE TERMS AND CONDITIONS IN WHICH YOU (“CLIENT”, “YOU” OR “YOUR”) REGISTER OR RENEW DOMAIN NAMES THROUGH LOYALTYMATTERS LIMITED (“LOYALTY”) VIA OUR LOYALTY OR BWD-LTD REGISTRAR TAG.
You acknowledge and understand that the services in respect of domain registration and renewal are limited to forwarding the application submitted by You for registration with the relevant naming authority.
If there is any conflict within the Agreement, the terms of the Domain Registration, Renewal and Refund Agreement shall prevail.
These additional terms may be amended by LOYALTY at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.
1. Customer Warranties
1.1 You undertake and warrant to LOYALTY that the registration of any domain name requested by it (a “Requested Domain”) and the manner in which it is to be directly or indirectly used:
- 1.1.1 will not infringe any third party rights; and
- 1.1.2 is not being made in bad faith or could be considered to be an abusive registration under the relevant registration authority’s dispute policies and procedures and
- 1.1.3 will at no time whatsoever be used for any unlawful purpose.
2.1 You acknowledge that, whilst LOYALTY will use its reasonable endeavours to register a Domain (Requested Domain), we will not be obliged to accept any request to register or continue to process any registration of a Requested Domain where such a Domain has not been capable of registration.
2.2 LOYALTY makes no representations or warranties (expressed or implied) of any kind that a Requested Domain is available for registration or to the likelihood of a registration being successful.
2.3 You acknowledge that LOYALTY cannot guarantee the reservation or registration of any Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
2.4 For the avoidance of all doubt it shall remain Your sole responsibility to check if the Domain has been successfully registered by contacting the appropriate authority.
2.5 Upon successful registration, LOYALTY will use reasonable endeavours to notify you of any renewal dates via the email address provided to us upon registration. This is subject to You providing LOYALTY with an up to date and valid email address.
3.1 LOYALTY will endeavour to automatically renew domain names when they are due for renewal subject to the following:
- 3.1.1 You have up to date and valid direct debit or credit card details stored with us
- 3.1.2 You did not cancel the domain by writing to us or by emailing us at firstname.lastname@example.org with your instruction not to renew
3.2 All domains will automatically renew for the same period that they were originally registered for by default.
3.3 You acknowledge that LOYALTY shall take payment for renewals up to 7 days in advance of the renewal date, in order to avoid any possible delays and ensure payment is delivered before renewal expires.
3.4 You acknowledge that payment will be taken from the payment method you have last used on the account. This could be the last credit card or debit card used, direct debit payment or by invoice with 30 days credit. It is your responsibility to notify us if You wish to select or change a different payment source.
3.5 You acknowledge that Direct Debit Payments are requested 15 days before the expiry of the service and payment is taken 6 days after the initial request.
3.6 LOYALTY endeavours to confirm payments made on the day that Your domain name is due to expire.
3.7 You acknowledge that LOYALTY have the discretion to vary the renewal rates from time to time without prior direct notice to You.
3.8 LOYALTY accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
3.10. If LOYALTY receives a request from the Client to renew the domain name(s) after the 16 day period, the Client agrees to pay the £75.00 redemption Fee. All prices exclude VAT (charged at 20%), together with any renewal Fee due.
3.11. LOYALTY will issue You an expiry notice to your registered email address for Your domain name no more than 30 days prior to its expiry.
4.1 If You wish to cancel future renewals of domain names, You must cancel them by email to email@example.com . This must be done at the very least 48 hours before the payment date.
You acknowledge that “payment dates” and “renewal dates” varies. For example the payment date of an invoice for a domain renewal is up to 7 days before the date of renewal for certain excepted domains.
4.2 In the event that a Domain name registered forms part of a hosting package and the package is cancelled, it is Your sole responsibility to ensure that the domain renewal is not cancelled should you wish to keep the domain.
5.1 You acknowledge that invoiced domain registrations and/or renewals are non-refundable in whole or in part if the contract is terminated by You.
5.2 LOYALTY will not refund to you the cost of registering a domain name after You have submitted a domain name application form, provided that the domain name has been registered with the appropriate registrar. This is due to the bespoke nature of domain names. Domain names are personalised to the consumer’s specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities.
Further to the above clause 5.1, .UK domain names may be refunded within 5 days of the invoice being created but notification must be made to us. Such refunds are at the discretion of LOYALTY.
5.3 LOYALTY makes no representations as to how long refunds will be processed.
5.4 You acknowledge that LOYALTY is unable to change or edit the spelling of a domain name after you have registered it and is not liable to refund any errors or omissions on Your part. For clarity, You are responsible for the correct input of the domain you request.
5.5 In the event that domain names have been misspelled in error and You have been charged for them, You may be eligible for a credit to Your account if You contact us within 3 days of registering the domain name but are not eligible for refunds. Late notifications will not qualify for any credit. You acknowledge that credit is granted at the sole discretion of LOYALTY.
5.6 Further to clause 5.2 You acknowledge and understand that Domain names are not entitled to cooling off periods under Regulation 13(1)(c) of the Distance Selling Regulations 2000.
5.7 If You are a business entity or a representative of a business then you acknowledge and understand that the Distance Selling Regulations 2000 do not apply to You in respect of all services provided by LOYALTY.
6 Ownership and Transfers
6.1 The transfer service offered by LOYALTY is supplied on the basis that You will be responsible for changing the tag of the domain to LOYALTY and to ensure that the transfer completes to Your specifications. If You cancel a transfer, You will be responsible for contacting LOYALTY to arrange a refund for the incomplete transfer, if applicable.
6.2 On transfer, You can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. You acknowledge that the maximum terms for a particular domain may vary and are available on an “as is” basis as displayed by LOYALTY. Clients acknowledge that one year may be added and charged to some domain extensions when transferred, including but not limited to .FR, .FM, .NAME.
6.3 LOYALTY will only allow a domain name owned or managed by You to be attached to the IPS tag of LOYALTY or any of its Associated Companies if You have an active hosting account with LOYALTY or one of its Associated Companies or You are holding the domain name within a LOYALTY holding account.
6.4 LOYALTY shall determine the legal owners of a Domain to be those listed on the WHOIS results, whether this may be an individual or business entity.
6.5 In the event that ownership is disputed You acknowledge and agree to resolve all disputes prior to contacting LOYALTY to organise a transfer.
6.6 If you wish to transfer ownership of a Requested or Registered Domain then You must do the following:
- 6.6.1 ensure that all necessary consents and permissions to that transfer have been obtained
- 6.6.2 deliver to LOYALTY, on demand, documentary evidence of all such relevant consents and permissions.
6.7 You agree that on to transferring ownership of a Registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) You will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at LOYALTY’s request.
6.8 LOYALTY will not transfer ownership of a Requested Domain until all Fees attributable to the services associated with the account, which are due have been paid by You to LOYALTY.
7.1 LOYALTY may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to You.
7.2 You agree and acknowledge that LOYALTY will make registration information provided by You in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority.
7.3 You further acknowledge that LOYALTY may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law.
7.4 You consent to any and all such disclosures, whether during or after the term of registration of the Requested Domain. You irrevocably waive any and all claims and causes of action arising from such disclosure or use of the domain name registration information by LOYALTY.
NEWZEND AND NEWSLETTERHUB ARE TRADE MARKS OF LOYALTYMATTERS LTD (HEREAFTER REFERRED TO AS NEWZEND OR NEWSLETTERHUB) AND PROVIDES BUSINESSES AND ORGANISATIONS A VARIETY OF TOOLS AND RESOURCES TO COLLECT VISITOR EMAIL ADDRESSES AND TO CREATE, LAUNCH, AND MANAGE ONLINE EMAIL CAMPAIGNS.
This service may not be used for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy.
The following are the terms and conditions for use of the Services we provide. By clicking the ‘I accept these terms and conditions‘ button on the sign-up page or by logging in to NewZend or Newsletterhub, or instructing us to send campaigns on your behalf, you accept these terms and conditions. You may not use the NewZend or Newsletterhub service or engage us to design and transmit email marketing campaigns unless you agree to be bound by these terms.
1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- NewZend or Newsletterhub may not be used for the sending of unsolicited email (sometimes called “spam”).
- NewZend or Newsletterhub may only be used for lawful purposes.
- Your use of the Service is subject to the Prohibited Content and Commerce Statement.
- The Services will be subject to monthly subscription fees (“Paid Services”) once you have completed your free trial period or have exceeded the free subscriber limit.
- NewZend or Newsletterhub will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
- You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
- You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
- Every email message sent in connection with the Services must contain the NewZend or Newsletterhub” unsubscribe” link that allows subscribers to remove themselves from your mailing list.
- You agree to process unsubscribe requests within a 10 day timeframe
2. Services and Support
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form on the Get Started Now / Account Registration / Sign Up page or by completing our PDF or Printed Order Forms / Direct Debit Facility in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3. Fees and Payment
3.1 Once you have completed your trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information or Direct Debit) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.
3.2 Fees will be billed monthly or your pre-paid account will be debited monthly for Services. The Fees are based on the NewZend or Newsletterhub service subscribed for and the highest number of subscribers in your account at any time during the previous month. If selected by you, you will also be billed for newsletter ‘upgrade’ services such as additional emails, design and print services etc. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by NewZend or Newsletterhub. The Fee Schedule, including subscriber levels and prices, is subject to change at any time at NewZend or Newsletterhub’s discretion. NewZend or Newsletterhub will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
3.3 Payment for Services will be made by a valid credit card accepted by NewZend or Newsletterhub. Fees are payable in UK Sterling. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize NewZend or Newsletterhub to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If NewZend or Newsletterhub is for any reason unable to effect automatic payment via your credit card, NewZend or Newsletterhub will attempt to notify you via email and your NewZend or Newsletterhub account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all email messages sent through NewZend or Newsletterhub, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4. Email, Image Hosting & Permission Practices
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact NewZend or Newsletterhub if you have questions).
4.3 If you have used the NewZend or Newsletterhub feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a NewZend or Newsletterhub template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
4.5 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your NewZend or Newsletterhub account.
4.6 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, NewZend or Newsletterhub cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Newsletterhub, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.7 Images hosted by NewZend or Newsletterhub may only be used in connection with the Service and for no other purpose whatsoever.
4.8 You are responsible for complying at all times with the NewZend or Newsletterhub Prohibited Content and Commerce Policy.
4.9 NewZend or Newsletterhub, at its own discretion, may immediately disable your access without refund to the Services if NewZend or Newsletterhub believes in its sole discretion that you have violated any of the email and permission practices listed above, or the NewZend or Newsletterhub Prohibited Content and Commerce Policy.
Unless negotiated and agreed in writing, the copyright of General Artwork or Articles, Commissioned Artwork, Articles or Illustrations belong to loyaltyMATTERS Ltd. Articles cannot be re-produced without the prior agreement of NewZend or Newsletterhub or LoyaltyMATTERS Ltd. We may use any artwork, copy, printing, web design or e-mails produced by us for the purposes of promoting ourselves. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, copy etc. The customer will indemnify loyaltyMATTERS Ltd and its’ agents from any claim arising thereof.
6. Restrictions and Responsibilities
6.1 NewZend or Newsletterhub will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
6.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are an authorized NewZend or Newsletterhub Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by NewZend or Newsletterhub in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
6.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
6.4 You acknowledge and agree that the Services and the NewZend or Newsletterhub company names and logos and all related product and service names, design marks and slogans, are the property of NewZend or Newsletterhub or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of NewZend or Newsletterhub. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
6.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless NewZend or Newsletterhub and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that NewZend or Newsletterhub has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although NewZend or Newsletterhub has no obligation to monitor the content provided by you or your use of the Services, NewZend or Newsletterhub may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
6.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates UK, European or United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. Furthermore, the Services must not be used for purposes outlined in NewZend or Newsletterhub’s Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
6.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating “Powered by NewZend or Newsletterhub” or a similar message. You agree to cooperate with and provide reasonable assistance to NewZend or Newsletterhub in promoting and advertising the Services.
6.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to NewZend or Newsletterhub. NewZend or Newsletterhub may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of NewZend or Newsletterhub, NewZend or Newsletterhub may share your information with the Marketing Partner and the Marketing Partner may share information with NewZend or Newsletterhub. Newsletterhub will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from NewZend or NewZend or Newsletterhub due to unsolicited commercial email being sent from your NewZend or Newsletterhub account.
6.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case NewZend or Newsletterhub’s standard rates will apply. The Marketing Partner may notify NewZend or Newsletterhub of any change in your status.
7.1 You may terminate this Agreement at any time by calling NewZend or Newsletterhub Customer Support. We require 30 day’s notice and there are no refunds for any fees paid.
7.2 NewZend or Newsletterhub may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. NewZend or Newsletterhub shall have no liability to you or any third party because of such termination or action.
7.3 NewZend or Newsletterhub will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. NewZend or Newsletterhub will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
7.4 If your account is classified (at NewZend or Newsletterhub’s sole discretion) as inactive for over 120 days, NewZend or Newsletterhub has the right to permanently remove your subscriber data. NewZend or Newsletterhub will attempt to contact you via email prior to taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. NEWSLETTERHUBDOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND NewZend or NEWSLETTERHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for NewZend or Newsletterhub to use commercially reasonable efforts to adjust or repair the Services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NewZend or NEWSLETTERHUB OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “NEWSLETTERHUB”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF NEWSLETTERHUBSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, NewZend or NEWSLETTERHUBIS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF NewZend or NEWSLETTERHUB TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Export of Services or Technical Data
You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
11.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11.2 NewZend or Newsletterhub and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
11.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind NewZend or Newsletterhub in any respect whatsoever.
11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
11.5 The Agreement shall be governed by the laws of the United Kingdom without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts of England, United Kingdom
11.6 NewZend & Newsletterhub are trade marks of LoyaltyMATTERS Ltd,104 Station Parade, Harrogate, North Yorkshire, HG1 1HQ
1. ACKNOWLEDGEMENTS. SUBJECT IN EACH CASE TO THE TERMS LISTED IN THE REMAINDER OF THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT:
- Websites may only be used for lawful purposes.
- Your use of our website design, build and hosting service is subject to the Prohibited Content and Commerce Statement.
- The hosting services will be subject to monthly fees (“Paid Services”) .
2. Websites: LoyaltyMATTERS Ltd has no control of, or responsibility for, the Content of our Client’s web sites. In no way does the textual or image based Content of our Client’s web sites constitute LoyaltyMATTERS Ltd endorsement, or approval of the web site or the material contained within the web site. LoyaltyMATTERS Ltd has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the Content or performance of these sites or for the client’s transactions with them.
Websites designed and built by loyaltyMATTERS Ltd will consist of those elements detailed on the Quotation or Order Form and loyaltyMATTERS Ltd shall be under no obligation whatsoever to provide anything more (including any extra functionality) howsoever required in respect of the Website (including any network access) other than that detailed in the Quotation or Order Form.
The Client is expected to test fully any application or programming relating to a website developed by LoyaltyMATTERS Ltd before being made live for use. Where Bugs, errors or other issues are found after the site is live, LoyaltyMATTERS Ltd will endeavour to correct these issues to meet the standards of function outlined in the quotation free of charge for the first 3 months. It is the client’s responsibility to notify loyaltyMATTERS Ltd of any inaccuracies during this time and to check and satisfy themselves that any work completed remedies the inaccuracies so notified. Any inaccuracies, errors, bugs or issues notified after three months of the website going live may, at the discretion of loyaltyMATTERS Ltd, be subject to charge to resolve.
3. Websites, Website Services and Software Development
(a) The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any Website or Software (“the LM IP”) shall, as between the customer and loyaltyMATTERS Ltd, belong to loyaltyMATTERS Ltd. Further, save as expressly granted under the contract with loyaltyMATTERS Ltd, the customer shall have no right or licence whatsoever in or to the LM IP.
(b) The customer acknowledges and agrees that loyaltyMATTERS Ltd will use its reasonable endeavours to ensure that the Website or software is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives no warranty whatsoever that the Website will be accessible either in whole or in part or otherwise “on line” for any period of time or that access will be uninterrupted or secure.
(c) Domain Name Registration – When you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions. This is a separate contract to any you may have with a third party for the provision of Internet services. Please read before you register your domain name.
(e) The customer may have access to certain of loyaltyMATTERS Ltd’s proprietary software (‘CMS – content management centre’ and / or ‘ZESThq’) that allows the customer to update the content of the Website (excluding web booklets). However, loyaltyMATTERS Ltd reserves the right to, without incurring any liability whatsoever to the customer, deny such access and/or otherwise and without giving any reason therefore to cease making CMS available.
(f) The customer agrees that in respect of the Website it will not:
(i) do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud, trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming routines;
(ii) do any act which loyaltyMATTERS Ltd has reasonably requested the customer not to do;
(iii) do or attempt to do any act which violates any system or network security which, without limitation, shall include unauthorised access and/or probing or scanning of the system security and/or hacking;
(iv) involve itself in spamming, mail bombing, system flooding or anything similar;
(v) provide any false or misleading information to loyaltyMATTERS Ltd or over the Website;
(vi) use the Website for chat pages, contests or any other high volume activities without the express written permission of to loyaltyMATTERS Ltd ;
(vii) permit anything to appear on the Website that is or could reasonably considered to be defamatory, politically extreme, immoral, obscene, blasphemous or which could otherwise reasonably be held to offend public decency.
(g) The customer acknowledges and agrees that if loyaltyMATTERS Ltd reasonably considers that the Website is being used for any purpose in breach of any of the above provisions or otherwise, in the common sense of the word, improper, then it may without prior notice take down the Website in question without incurring any liability whatsoever to the customer.
(h) The customer acknowledges and agrees that it is not envisaged that any Website will exceed such bandwidth as to loyaltyMATTERS Ltd acting (having regard to the size of the customer and the intended purpose of the Website and the fact that it is envisaged that only low volumes of traffic will be driven through the Website) reasonably considers appropriate, to the extent that such bandwidth is materially exceeded and/or is regularly exceeded to loyaltyMATTERS Ltd may, without prior notice take down the Website in question, without incurring any liability whatsoever to the customer or to increase fees associated with website hosting.
(i) The customer acknowledges and agrees that in respect of CMS, it will be provided with a password and it must keep that password confidential to ensure that no unauthorised person accesses the CMS. In this regard, the customer shall indemnify and hold to loyaltyMATTERS Ltd and all their agents and representatives harmless against all claims, demands, actions, costs, expenses (including, but not limited, to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any unauthorised access to the CMS.
(j). The customer acknowledges and agrees that loyaltyMATTERS Ltd will have no liability for any element of the Website that was not created by it or on its behalf or which was supplied by the customer and further, the customer acknowledges and agrees that loyaltyMATTERS Ltd shall only be liable in respect of any inaccuracy of any element of the Website that has been created by it or on its behalf if having been notified of such inaccuracy, which notification must be within 28 days of delivery, loyaltyMATTERS Ltd has, after having been supplied with everything it reasonably requests from the customer, failed to rectify the inaccuracy or attempted to rectify the inaccuracy, within seven days of being so notified then the extent of loyaltyMATTERS Ltd liability in respect of such liability shall be governed by these terms and conditions. In the event that loyaltyMATTERS has attempted to remedy the inaccuracy, within 7 days of being notified, it is the customer’s responsibility to check and validate that the work satisfactorily resolves the inaccuracy. loyaltyMATTERS Ltd accept no liability for such work being carried out that is not checked by clients and which, despite its reasonable endeavours, is later still found to be inaccurate.
(k) As regards the provision of the Website and any related services by loyaltyMATTERS Ltd, any words and phrases which have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.
(l) Where we have been asked to provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking on search engines
(m) LoyaltyMATTERS Ltd will host our clients website on receipt of payment of our Hosting Fees. In doing so we will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. The hosting provider LoyaltyMATTERS Ltd uses to host its Clients websites is monitored 24 hours a day, 7 days a week by qualified corporate support engineers. If a problem is detected with our Clients websites due to a hosting failure LoyaltyMATTERS Ltd will endeavour to respond to any failures and will work with our hosting provider resolve the problem.
(n) loyaltyMATTERS Ltd will not be held responsible for the function and proper use of 3rd party hosting and domains. In the case where a website has been designed for use on a non loyaltyMATTERS server it is the customer’s responsibility to ensure that their host is working and the domain is fully resolving. This includes any database functionality. loyaltyMATTERS will not be held responsible for any delays incurred in transferring content to a 3rd party host. loyaltyMATTERS reserve the right to administer an additional charge for any delays occurred in transferring content to a 3rd party server. In some cases it will not be possible for us to process the content transfer. In such a case it will be the responsibility of the customer to upload the content.
Unless negotiated and agreed in writing, the copyright of General Artwork or Articles, Commissioned Artwork, Articles or Illustrations belong to loyaltyMATTERS Ltd. Articles cannot be re-produced without the prior agreement of Newsletterhub or LoyaltyMATTERS Ltd. We may use any artwork, copy, printing, web design or e-mails produced by us for the purposes of promoting ourselves. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, copy etc. The customer will indemnify loyaltyMATTERS Ltd and its’ agents from any claim arising thereof.
5. Payment: For orders less than £2000 our standard terms are an initial deposit payment of 50% payable on instruction with the balance being due prior to sending to print or bringing the website on-line or transmitting the email campaign. For orders in excess of £2000 we stage the payments with 35% being payable on instruction, 35% at an agreed mid-way point through production and the balance of 30% falling due as artwork is being sent to print or the website is brought online or the email campaign is transmitted. Credit terms are available, subject to status, on application.
6. Websites Design, Build & Hosting: Delivery shall occur on the completion of the creation by loyaltyMATTERS Ltd of the number of web pages / website specification / marketing landing pages as set out in the accepted quotation / order form at which point the loyaltyMATTERS Ltd shall be entitled to payment in full (and accordingly loyaltyMATTERS Ltd will be entitled to payment in full before the Website comes on-line ).
The customer acknowledges and agrees that whilst loyaltyMATTERS Ltd will agree with the customer an estimated date by which the Website will be “on-line” such a date is only an estimate and time is not of the essence as regards the Website coming on-line or email campaign being transmitted and accordingly, loyaltyMATTERS Ltd shall have no liability to the customer if the Website isn’t on-line or email campaign transmitted by such estimated date. The customer will still be obliged to pay in full for the order in respect of which delivery was after the estimated delivery date.
7.1 You may terminate this Agreement at any time by calling loyaltyMATTERS Customer Support. We require payment in full for any work undertaken and 30 day’s notice in respect of hosting or domain renewal fees. There are no refunds for any fees paid.
7.2 LoyaltyMATTERS may terminate this Agreement or the Services, disable your website or put your website and / or its content management system on inactive status, in each case at any time with or without cause, and with or without notice. LoyaltyMATTERS shall have no liability to you or any third party because of such termination or action.
7.3 LoyaltyMATTERS will delete any of your archived data within 30 days after the date of termination. After termination. LoyaltyMATTERS will provide upon request a copy of your website files and associated backup database and charge £75 for the provision of such data. No data will be released unless an account has been settled in full. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
7.4 If your account is classified (at LoyaltyMATTERS sole discretion) as inactive for over 120 days, LoyaltyMATTERS has the right to permanently remove your website and / or not renew domain names registered on your behalf. LoyaltyMATTERS will attempt to contact you via email prior to taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. LoyaltyMATTERS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND LoyaltyMATTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
loyaltyMATTERS Ltd shall not be liable for any indirect, special or consequential damages, loss of profits, economical loss, loss of goodwill or loss of anticipated savings or loss of data including any data stored on or accessible through a Website. The total aggregate liability of loyaltyMATTERS ltd in respect of any and all causes of action arising out of or in connection with the customer’s order and loyaltyMATTERS Ltd’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to loyaltyMATTERS Ltd by the customer in respect of the order pursuant to which liability has arisen.
Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NEWSLETTERHUBOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “NEWSLETTERHUB”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF NEWSLETTERHUBSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, NEWSLETTERHUBIS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF NEWSLETTERHUB TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Export of Services or Technical Data
You may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product there of, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
11.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11.2 loyaltyMATTERS and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
11.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Newsletterhub in any respect whatsoever.
11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
11.5 The Agreement shall be governed by the laws of the United Kingdom without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts of England, United Kingdom
11.6 LoyaltyMATTERS Ltd,104 Station Parade, Harrogate, North Yorkshire, HG1 1HQ