Please read these terms and conditions. These do not affect your statutory rights under internet law.
Service Obligation: Yellow Box Marketing will use reasonable endeavours to ensure a prompt and continuing service as described in the specification (“the Service”) but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the control of Yellow Box Marketing, or by any errors or omissions of the Customer. Yellow Box Marketing specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.
Yellow Box Marketing will not be held liable for indirect, economic or consequential loss whatsoever.
The liability of Yellow Box Marketing in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).
Any estimates made to dates and time of completion of the services, or any element of the services, are only business estimates and in the event that completion is delayed, no liability or indirect or otherwise will accrue to the company.
Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.
All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.
CONTRACT OF SERVICE
The web hosting in year 2 and beyond will be invoiced on a yearly basis.
The contract period shall be for the whole term of fees paid by the Customer until the expiry of the valid domain name period usually one years from the date of registration. 14 day’s notice of cancellation must be received in writing, prior to the renewal date of a domain name or any other products.
If you have paid by debit or credit card, we may charge payment for subsequent renewals to the card details provided. We will write to you in advance of doing so. You can withdraw this authority at any time by letting us know in writing as per cancellation terms.
Yellow Box Marketing may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
From time to time parts of the Yellow Box Marketing network may be taken off-line for repair or routine maintenance. Yellow Box Marketing will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.
If part payment of a website has been agreed i.e. half website cost upfront and half on completion of website, this is on the condition that the artwork and content pack (including your logos, desired content images and text etc.) is completed and returned within 30 days. As all website packages are paid for in full by ourselves when the domain name is registered and therefore costs have been incurred, if the artwork and content pack has not been returned within 30 days, the remainder of the money owed will be taken.
IMPROPER USE AND LIABILITIES
The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trade mark or Copyright). This extends to violations due to any spamming and or bulk email activity for which Yellow Box Marketing can and will follow up in the Courts of Law. The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the Yellow Box Marketing and beyond and shall not attempt any intentional and malicious damage to the Yellow Box Marketing Network or use the Service to affect other computers.
It is the Customer’s responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.
The Customer will notify Yellow Box Marketing immediately by telephone or e-mail in any event of a username or password becoming known to a third party.
The Customer hereby indemnifies Yellow Box Marketing or its trading concerns against any action taken by a third party resulting from the Customer’s use of the Service.
The Customer shall notify Yellow Box Marketing of any action taken against them by a third party and will not hold Yellow Box Marketing liable for any resulting costs.
The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.
The Customer acknowledges that Yellow Box Marketing cannot exercise control over the content of information passed across the internet and via the Service.
The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the internet.
The customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by Yellow Box Marketing.
Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.
Domain transfer requests – provided all details are correct and procedures followed by the customer – will be carried out by Yellow Box Marketing assuming all outstanding invoices/balances have been settled by the customer with Yellow Box Marketing.
In the event of a customer wishing to transfer their domain name to another Internet Service Provider (ISP), a small transfer charge equal to the current annual hosting charge will become payable.
DOMAIN NAME AGREEMENT
Yellow Box Marketing will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.
By registering a name you agree to keep Yellow Box Marketing and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release Yellow Box Marketing and its associated companies should any situation arise.
Any registered domain can be used for any legal, decent and honest use on the internet and must not breach any internet laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by Yellow Box Marketing.
Yellow Box Marketing shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.
Yellow Box Marketing reserves the right not to register or assign any domain name for whatever reason.
Yellow Box Marketing reserves the right to delete or suspend any domain name if payments have been defaulted upon and may at its discretion levy admin charges in re-establishing any domain or service thereof.
Yellow Box Marketing reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered providing at least 28 day’s notice via its website of any cost or service changes.
Yellow Box Marketing take 50% of the Service cost fee as deposit upon initiation of work and the remaining 50% upon completion. At any point after the deposit fee is made, but before any domain names are registered or design of the Service is agreed upon as final, we will refund any fees paid by the Customer to Yellow Box Marketing.
If Yellow Box Marketing fail to deliver the Service in a functional capacity we will refund any fees paid by the Customer to Yellow Box Marketing.
If a payment is refunded to the Customer we reserve the right to reuse any elements of the design of the Service as and when we require.
GENERAL TERMS AND LAW
Yellow Box Marketing reserves the right to do normal system housekeeping such as creating backups and do not accept responsibility for ensuring these function as specified, we advise the Customer to enforce any information back up procedures they deem necessary for their own information.
If Yellow Box Marketing suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.
This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of Yellow Box Marketing service.
You acknowledge that no join venture, partnership, employment or agency relationship exists between you and Yellow Box Marketing as a result of your use of Yellow Box Marketing or the Service. You agree not to hold yourself out as a representative, agent or employee of Yellow Box Marketing. You agree that Yellow Box Marketing will not be liable by reason of any representation, act or omission to act by you.
Each respective Registry (i.e. Nominet, InterNic etc…) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. Yellow Box Marketing cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over any domain assigned by any Registry.
Yellow Box Marketing under intellectual property and internet law reserve the right to cancel and/or remove services if a customer is found to be causing/writing anything that is factually untrue and is potentially damaging towards Yellow Box Marketing. This includes libel, slander and defamation of character.
INTELLECTUAL PROPERTY RIGHTS
All information, both text and pictures supplied by the Customer is copyrighted to the Customer. All information, both text and pictures supplied by Yellow Box Marketing is copyright to Yellow Box Marketing. All website designs are also copyright of Yellow Box Marketing. We reserve the right to place our banner on all websites that we produce.
In the event that the customer cancels their subscription to Yellow Box Marketing, or requests a transfer away from Yellow Box Marketing, all information owned by the customer can be retained. However the website itself will be taken down from the internet. Any attempt to claim the work of Yellow Box Marketing as their own by a current or former customer is in breach of our intellectual property rights and may result in legal action.