These Terms and Conditions
apply to hosting and domain name registration services.
A separate document "Terms and Conditions (2)"
applies to Web design, other graphic design work and related services
including but not limited to photography and copywriting.
Where the context admits: "We" & "Us" includes
Oraica Ltd, 6 Bedevere Court, Hermitage Park, Wrexham, LL13 7GZ, UK or
any party acting on Oraica's implicit instructions. "You" includes
the person purchasing the Services or any party acting on the customer's
instructions. "The Registrant" includes the person applying
for a domain name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry. "Server"
means the computer server equipment used by us in connection with the
provision of the Services. "Website" means the area on the Server
allocated by us to you for use by you as a site on the Internet.
The relationship entered into between you and us is governed by these
following terms, which shall apply during, and where necessary after,
the period of the commercial relationship between you and us.
1. Domain Name Registration
1.1. We make no representation that the domain name you wish to register
is capable of being registered by or for you or that it will be registered
in your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have been
registered. Any action taken by you before such notification is at your
1.2. The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant Registry; you shall ensure
that you are aware of those terms and conditions and that you comply with
1.2.1. By registering a .uk domain name, you enter into a contract of
registration with Nominet UK on the terms and conditions published at
220.127.116.11 By registering a gTLD domain name (.co., .net, .org etc), you enter into a contract of
registration with Tucows on the terms and conditions published on the Fasthosts website.
1.3. You shall have no right to bring any claim against us in respect
of any refusal to register a domain name by the relevant registration
1.4. Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the Registry to register your desired name.
1.5. We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute arises, we
shall be entitled, at our discretion and without giving any reason, to
withhold, suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant Registry but will not be obliged
to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full payment
for that domain has been received by us.
2. Website Hosting and Email
2.1. We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on the
2.2. You represent, undertake and warrant to us that you will use the
Website allocated to you only for lawful purposes and to promptly inform
us if this clause or any sub clause of this clause has been breached or
you become aware that they may have been breached. In particular, you
represent, warrant and undertake to us.
2.2.1. you will not use the Server in any manner which infringes any law
or regulation or which infringes the rights of any third party, nor will
you authorise or permit any other person to do so.
2.2.2. you will not upload, post, link to or transmit:
18.104.22.168. any material that is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
22.214.171.124. any material containing a virus or other hostile computer program.
126.96.36.199. any material that constitutes, or encourages the commission of,
a criminal offence or that infringes any patent, trademark, design right,
copyright or any other intellectual property right or similar rights of
any person which may subsist under the laws of any jurisdiction.
188.8.131.52. any material that is forbidden by our acceptable use policy,
which is published at http://www.oraica.net/hosting.php.
2.2.3. you will not send bulk email whether opt-in or otherwise from our
network, nor will you promote a site hosted on our network using bulk
2.2.4. you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.2.5. any file you store on the Server will be reachable via a hyperlink
from a page on your site.
2.3. We reserve the right to remove any material that we deem inappropriate
from your Website without notice to you.
2.4. You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorised use of your account or breach of security,
including but not limited to loss, theft or unauthorised disclosure of
your password or other security information.
2.5. You shall observe the procedures that we may from time to time prescribe
and shall make no use of the Server that is detrimental to our other customers.
2.6. You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.7. In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
2.8. Any access to other networks connected to services provided by Oraica
must comply with the rules appropriate for those other networks.
2.9. While we will use every reasonable endeavour to ensure the integrity
and security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers and we shall be under no liability
for non-receipt or misrouting of email or for any other failure of email.
2.10. No more than one login session under any one account may be used
at any time by you. If you have multiple accounts, you are limited to
one login session per system account at any time.
3. Service Availability
3.1. We shall use our reasonable endeavours to make available to you at
all times the Server and the Services but we shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
4.1. All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us
on our Website, errors and omissions excepted and shall be due and payable
in advance of provision of the Services.
4.2. We reserve the right to change pricing at any time although all pricing
is guaranteed for the period of pre payment.
4.3. Payment is due each anniversary year following the date the Services
were established until closure notice is given in accordance with 5.4.
4.4. All payments must be in UK Pounds Sterling.
4.5. If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
4.6. Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled but not obliged forthwith to suspend the provision of Services
5. Termination And Refunds
5.1. We shall be entitled to suspend the Services and/or terminate this
Agreement forthwith without notice to you, if you:
5.1.1. fail to pay any sums due to us as they fall due.
5.1.2. break any of these terms and conditions.
5.1.3. are a company and you go into liquidation or suffer the appointment
of an administrator or administrative receiver or enter into a voluntary
arrangement with your creditors.
5.2. No refunds will be made under any circumstances for Services suspended
in accordance with 5.1.
5.3. We reserve the right to suspend the Services and/or terminate this
Agreement at any time. In the event of this, and provided paragraph 5.1 does not apply, You will be entitled to a
pro rata refund based upon the remaining period of prepayment.
5.4. You may cancel the Services at any time. To do so you must request
cancellation of the Services in writing including your account username
and password. We will cancel the Services within 2 working days of receipt
of your request.
5.5. During the first 7 days of Services, You are entitled to a refund
of the basic hosting plan fee should You decide to cancel the Services.
No full refunds or pro rata refunds will be made after the first 7 days
of service should You decide to cancel the Services.
5.5.1. Domain name registration fees, charges for additional data transfer
and charges for optional extras added to your account are not refundable
under any circumstances.
5.5.2. You will not be entitled to a refund on this basis if you have
previously held an account with Oraica.
5.6. On termination of this Agreement or suspension of the Services we
shall be entitled immediately to stop access to your Website and to remove
all data located on the Server.
5.7. Should you wish to reinstate the Services following suspension, we reserve the right to charge a reinstatement fee.
6.1. You shall indemnify us and keep us indemnified and hold us harmless
from and against any breach by you of these terms of business and any
claim brought against us by a third party resulting from the provision
of Services by us to You and your use of the Services and the Server including,
without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses),
howsoever suffered or incurred by us in consequences of your breach or
non-observance of any of the terms of this Agreement.
7. Limitation of Liability
7.1. All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by statute
or operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded to the extent applicable under UK law, subject always to sub
7.2. Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
7.3. Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect
of the Services that are the subject of any such claim.
7.4. In any event no claim shall be brought unless you have notified us
of the claim within one month of it arising.
7.5. In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever.
8.1. Any notice to be given by either party to the other may be sent by
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms, or such other address
as such party may from time to time have communicated to the other in
writing, and if sent by email shall, unless the contrary is proved, be
deemed to be received on the day it was sent, or if sent by fax shall
be deemed to be served on receipt of an error free transmission report,
or if sent by recorded delivery shall be deemed to be served two days
following the date of posting.
9.1 Any forbearance or failure by us to enforce a contractual provision
to which you are subject shall not affect our right to require such performance
at any subsequent time, nor shall the waiver or forbearance by us of any
breach of any provisions of the agreement herein be taken to be or held
to be a waiver of the provision or provisions itself of themselves.
10.1. This Agreement shall be governed by and construed in accordance
with English law and you hereby submit to the exclusive jurisdiction of
the English courts.
11.1. Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this Agreement.
12. Entire Agreement
12.1. These Terms and Conditions, together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral between us in relation to such
matters. No oral explanation or oral information given by any party shall
alter the interpretation of these Terms and Conditions. In agreeing to
these Terms and Conditions, you confirm that you have not relied on any
representation other than those expressly stated in these Terms and Conditions
and you agree that you shall have no remedy in respect of any misrepresentation
that has not been made expressly in this Agreement.
Acceptable Use Policy (AUP)
Terms & Conditions (2) - Web design and related services