By using any Domain Name, Hosting or Broadband services provided by The Virtually There Company Ltd, you accept these terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.
NOTE: Slanderous, Racist, Pornography and sex-related merchandising are PROHIBITED on any of our servers. NOTE: Spamming, or the sending of unsolicited email, from a our servers or using an email address that is maintained on our machine is STRICTLY PROHIBITED.
This Agreement is made between The Virtually There Company Ltd (“we”) and the User (“you”). The following constitute the Terms and Conditions under which Virtually There trades, and supplies its services and related products. These conditions, in conjunction with the details as shown on the Virtually There Order Form (where completed) represent the totality of the agreement and form the Contract between Virtually There and the User. Any agreed variation or alteration to part of these Terms and Conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Virtually There is entitled to suspend services if the User does not adhere to any or several conditions of this Contract.
In this Contract unless the context otherwise requires:
“Services” means domain name registration, web site hosting, bandwidth provision, email provision and hosting, website development, database development, podcast hosting, Google marketing, SEO Optimisation and any other service or facility provided by us to you;
“Server” means the computer server equipment operated by us or provided by you to our co-location facility in connection with the provision of the Services;
“Web Space” means the area on the Server allocated by us to you for use by you as a site on the Internet;
“Virtually There” means The Virtually There Company Ltd, incorporated in England and Wales;
“Contract” means the Contract between Virtually There and the you incorporating these conditions, the Virtually There Order Form (where completed) and Virtually There’s published charges for the provision of its services;
“Charges” means the charges as agreed on the Order Form (where completed) and Virtually There’s latest published prices for products and services requested or incurred during the Contract period;
“bandwidth” means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the Contract;
“Site” means the premises or location at which Service is or is to be provided under this Contract;
“Equipment” means equipment which is supplied by or on behalf of Virtually There to the customer or placed at or on a Site for the purpose of providing Service;
“Internet” means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Internet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate;
“User” means you the customer or any person who makes use of the services through you or on your behalf;
“Minimum Contract term” means the minimum period of service as specified in clause 6;
2. DOMAIN NAME REGISTRATION
2.1 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 risk;
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; (for UK domain names, purchased through Nominet the terms can be found here) you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name;
2.3 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 naming authority but will not be obliged to take part in any such dispute;
2.4 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name;
2.5 We shall not release any domain to another provider until full settlement of your account has been received by us;
2.6 If the user decides to move any domain within the first 12 months while the domain is being hosted with Virtually There , the customer will be charged the full fee for the 12 month period. Any domain transfer away from Virtually There irregardless whether in contact period or not may incur a £50 transfer and administration fee;
If you do not wish to renew a domain please make sure you contact us a minimum of 35 days before your domain expires.
If you request that you no longer wish to have your domain name renewed by us, it will be left to expire and all services I provide regarding that domain name will be suspended. Your domain name will then go into a 30 day protected period, after 30 days your domain will be suspended by Nominet and it will go into a 60 day grace period. If you change your mind and still wanted to retain your domain name, you still can and at the original renewal price. This must be requested by email before the 80th day after your domain has expired, after 90 days your domain will be cancelled and deleted from the register and made available for resale through a third party registrar by Nominet. We will not guarantee the renewal of a domain name after this happens.
Registration and Renewal of a domain name are subject to the applicable terms and conditions (See Nominet Terms Nominet Terms).
Transfers out: If you no longer wish to carry on with your contract with us, please email us no less than 30 days before your services are due to be renewed. We may charge you for transferring a domain(s) away to another registrar’s tag. The customer acknowledges that, termination of the agreement for any reason will result in us ceasing to provide the applicable services, with the consequences that flow from such cessation, including (but not limited to), deletion of data .e.g. hosting account(s) and mail boxes.
2.7 Customer Service Level Agreement: Please contact us 24/7. We will to respond to all points of contact within 1 business day and aim to resolve any issues you have within 5 business days.
2.8 Complaints procedure: We like to think we get it right all the time, every time but the truth of it is everyone gets it wrong from time to time. We can only improve on our services with valid feedback from you, our customers.
If you wish to make a complaint about a service you have received, please submit an email to us at including as much detail from the issue you have. We will acknowledge your complaint within 1 business day and aim to resolve any issues within 5 business days.
If you’re not happy with the initial outcome of your complaint and its regarding your .uk domain name, please feel free to escalate your issue to Nominet (the .uk registry) here.
2.9 Abuse: If you wish to raise a complaint about abuse you have received (phishing scams, spam emails etc..), please contact us with as much detail about the abuse. We will investigate your complaint immediately.
3. WEB SITE HOSTING AND EMAIL
3.1. 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 Server;
3.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;
3.3 You represent, undertake and warrant to us that you will use the Web Space allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;
3.3.1 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;
3.3.2 You will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; (b) any material containing a virus or other hostile computer program; (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction;
3.3.3 You will not hold Virtually There in breach of any part of this contract or breach of any of your own contracts in relation to copyright by the provision of hosting your site – and by taking backup copies of your data from time to time.
3.3 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 loss, theft or unauthorised disclosure of your password or other security information
3.4 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers;
3.5 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner;
3.6 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;
3.7 Any access to other networks connected to Virtually There must comply with the rules appropriate for those other networks;
3.8 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;
3.9 Whilst we make every effort to produce regular backups, we cannot be held responsible for any loss of data in between backup schedules. It is the Users responsibility to ensure you make your own regular remote backups;
4.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these;
4.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any Contract binding on us;
4.3 You may resell the Virtually There Service provided that you have paid our Charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of Service greater than that you have contracted to purchase from Virtually There. Furthermore you must not purport or claim that the resale is a resale of the Virtually There Service. You must at all times clarify that you are selling connections or bandwidth from your own network. You will hold Virtually There indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale Contract include and comply with the provisions of this agreement. If Virtually There agrees any change in Service this Contract is to be treated as varied accordingly;
4.4 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement;
5. Virtually There SERVICE
5.1 Connection to the Virtually There Service is via a fixed telecommunications link or ADSL. This Contract, unless specifically stated on the order form, does not include the provision of telecommunications services necessary for connection to the Virtually There Service;
5.2 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail;
5.3 Virtually There will use all reasonable endeavours to adhere to any dates proposed by either Virtually There or you for the provision of Service, however any such date is to be treated as an estimate only and Virtually There accepts no liability for failure to meet such dates;
5.4 Virtually There will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and Virtually There does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone, or electronic mail to Virtually There’s Technical Support at the appropriate numbers or addresses or other such numbers or addresses that Virtually There may from time to time provide. Upon receipt of the fault report, Virtually There will take all proper steps without undue delay to correct the fault. Virtually There shall not, in any event, be liable for interruptions of Service or down-time of a Server, network node, broadband connection or any part thereof;
5.5 Virtually There may:
- temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Virtually There’s service, generally without notice.
- give or update instructions regarding the use of the Service which in Virtually There’s reasonable opinion is necessary in the interests of safety, or to maintain or improve the quality of Service to Virtually There’s customers and any such instructions shall whilst they are in force, be deemed to form part of this Contract,
- vary the technical specification of Service for operational reasons, Virtually There undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension;
- block, restrict, delete or destroy any website that has been corrupted, hacked, attacked or any way compromised which causes damaging affect to other customers services – or to the operation of Virtually There’s services. Virtually There will not be liable for any loss whatsoever through the cause of damage or cause of remedy.
6. COMMENCEMENT AND MINIMUM PERIOD OF SERVICE
The Service shall be for a minimum period of 12 months, unless specified on any Order Form you have received from Virtually There (where completed). The minimum period shall commence upon connection to our network. Connection shall be deemed to be effected when the link is first live to your Site or other such point as requested by you, to the Virtually There network.
Cancellation and release from of any hosting service before its twelfth month anniversary in any given year, will be subject to £150 administration and release fee, payable before any domains are released or re-tagged.
7. BANDWIDTH USAGE POLICY
Virtually There continuously monitors its network and may take measures to control congestion if there is evidence that this is occurring. If usage is such that it is significantly affecting service to other Virtually There users we will instigate congestion control measures. This is necessary to allow all users to access the service. Each package is highlighted as follows:
We provide family and business broadband packages. These packages will provide you a fixed amount of data that you can download in one month, which will give you 90% of your daily allowance at your lines capacity each day and the remaining 10% at the networks available capacity. These figures will be reset at 12am for family packages and 8pm for business each day. Ie. If you have a 30GB data limit per month, divide 30 by 20 days = 1.5GB per day limit * 90% will give you 1.35GB per day of your MAX speed.
8. CONTENT AND MISUSE
8.1 You will use all reasonable endeavours to ensure that the Virtually There Service is used or includes content that conforms to the laws of the this country and will not knowingly permit any illegal use or such use that will bring Virtually There into disrepute;
8.2 You must not, nor must any other person, use the Service: to send or receive any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or in breach of any provisions as contained within clauses 3 and 4 of this Contract; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards;
8.3 Virtually There may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If Virtually There suspends service for contravention of the above conditions of this clause, Virtually There can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention;
9. CHARGES AND PAYMENT
9.1 All payments must be in UK Pounds Sterling unless pre-arranged. If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of £50;
9.2 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 web site or on the Order Form (where completed) and shall be due and payable in advance of our service provision. Charges are exclusive of ‘Value Added Tax’;
9.3 You acknowledge that our Services are provided using facilities provided to us by third parties; Virtually There shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends;
9.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order on receipt of invoice. Virtually There agrees to be party to this Contract upon Virtually There’s acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in clause 5.1 of this agreement and thereafter on or before the same day (the due date) of all subsequent months under the minimum Contract term. If payment is not received on or before the due date Virtually There reserves the right to immediately withdraw, suspend or limit service and will charge the User interest at the rate of 2% per month along with an admin fee on ALL overdue and current invoices;
9.5 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 forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a “re-activation” charge of £50. All invoices on the account will be deemed due.
9.6 Refunds cannot be issued on any BROADBAND services as once subscribed, Virtually There has to pay a supplier for your connection. This applies even if you haven’t connected using your new service.
9.7 Refunds on DSL line activation cannot be issued once your line has been activated;
9.8 Refunds are by credit note only. DSL monthly fee Refunds are not given and you are liable for the initial 12 month period.
9.9 If your DSL line fails line activation you will be refunded in full.
9.10 As of 10th May 2012, if the User wishes to terminate/migrate DSL from Virtually There, or has their BT line disconnected either through non-payment or by choice, the User will be liable for a £65 administration fee. This fee must be paid and cleared before a MAC key will be provided.
10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings; Virtually There can (without prejudicing, losing or reducing any other right or remedy) suspend service, including partially, temporarily without notice, albeit the User remains liable to pay rental during the suspension, or terminate this Contract by immediate notice, without prejudice to Virtually There’s pre-existing rights;
10.2 We reserve the right to withhold payment on accounts where you are in arrears with us. Both parties agree that any such withheld payment can be used by us for the purposes of settling any outstanding balance. Any remaining balance in excess of this will be immediately passed to our legal services providers and the cost of the collection plus interest will be added to the account and will become immediately payable by you.
10.3 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed;
10.4 You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract;
10.5 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding on any account you hold with us and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit; In addition, if the suspension is as a result of non payment of an account for you, your company, or any related company or individual, we reserve the right to take similar action in relation to those web sites as well whether or not the payments are up to date on them individually.
10.6 If Virtually There waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by Virtually There in acting upon a breach is not to be regarded in itself as a waiver.
11. TERMINATION AND CHANGES OF SERVICE
11.1 This Contract may be terminated by either party on giving at least 30 days notice to the other expiring on the last day of the minimum Contract term or at any time thereafter. If Virtually There gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay all charges until 30 days after the date Virtually There receives the notice or until expiry of the notice, whichever is the latter. Your notice does not avoid any other liability for Service already provided.
11.2 Virtually There reserves the right to change the terms and conditions.
11.3 Virtually There reserves the right to terminate your account without notice, but normally suspending accounts will be the first course of action.
Any notice to be given by either party to the other will be sent by either email, standard first class or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by first class / recorded delivery shall be deemed to be served two days following the date of posting;
13. MATTERS BEYOND Virtually There’s REASONABLE CONTROL
Virtually There is not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeur, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
14.1 You acknowledge that Virtually There has no control over the information transmitted via the Service and that Virtually There does not examine the use to which you put the service or the nature of the information you are sending or receiving. Virtually There hereby excludes all liability of any kind for the transmission or reception of information of whatever nature;
14.2 Virtually There undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus;
14.3 Virtually There is not in any way liable in Contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
14.4 Virtually There makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
14.5 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;
14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence;
14.7 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 which are the subject of any such claim;
14.8 In any event no claim shall be brought unless you have notified us of the claim within one week of it arising;
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 this Agreement;
16. INTELLECTUAL PROPERTY RIGHTS
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name. Websites built by Virtually There, shall be deemed to have the Intellectual property rights owned by Virtually There – which may include code snippets etc from our own library of coding – and may be used in part within other websites. Assignation of IPR is not an automatic assumed course, and may be negotiated in part or whole for a fee.
You may assign all or part of this Contract to any other party only with the prior written agreement of Virtually There. Virtually There reserves the right to assign all or part of this Contract at any time to any subsidiary or associate company of Virtually There.
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
20. ENTIRE AGREEMENT
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 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, which has not been made expressly in this Agreement.
Errors & Omissions Excepted
Revised Dec 4th 2015 to incorporate Nominet Terms – Paras 2.2 – 2.9