Terms & Conditions
GENERAL DATA PROTECTION CONTRACTUAL ADDENDUM
This Addendum dated 3rd May 2018 (the “Addendum”) amends, with effect from and including 25 May 2018 (the “Effective Date”), the General Terms and Conditions between Easyspace Limited (registered in England under company number 03405586) trading as Easynic and you, (“Controller”) and any other agreements entered into between the parties (the “Agreement”).
To the extent this Addendum is not consistent with any terms of the Agreement the terms of this Addendum shall prevail. Other than as indicated herein, capitalized terms and definitions contained herein shall have the same meaning as specified in the Agreement.
BACKGROUND
(A) As of 25 May 2018 the General Data Protection Regulation (EU) 2016/679 (“GDPR”) will apply in the EEA replacing Directive 95/46/EC and its local implementing legislation in the UK, the Data Protection Act 1998 (“DPA 1998”). Accordingly, the parties can no longer rely on compliance with the DPA 1998 in the UK as being sufficient for controlling, processing or protecting data.
(B) In order to comply with its legal and regulatory obligations, the parties wish to update the terms of the Agreement to comply with the GDPR on the terms as set out in this Addendum. Therefore, the parties, intending to be legally bound, and in consideration of the needs for both parties to comply with their respective obligations under the GDPR, agree that any data controller, processing and protection provisions (and/or any other provisions in the Agreement relating to the DPA 1998) shall, as at the Effective Date, be deleted and the following clause shall be incorporated into the Agreement:
1 DATA PROCESSING
1.1 For the purposes of this Agreement the following defined terms shall have the following meanings:
“Data Protection Law” shall mean (a) Data Protection Act 1998; or (b) from 25th May 2018, the General Data Protection Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s rules; or (c) from the date of implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include the Data Protection Act 2017;
“personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb ‘to process’) shall have the meaning set out in the Data Protection Law.
1.2 Each party shall comply at all times with Data Protection Law and shall not perform its obligations under this Agreement in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.
1.3 In the context of this Agreement, GlobalGold will act as “processor” to the Controller who may act as either “processor” or “controller” with respect to the personal data. Notwithstanding the foregoing, the parties acknowledge that:
1.3.1 where GlobalGold only provides colocation services under the Agreement GlobalGold will not be a Processor; and
1.3.2 where personal data is not accessible to GlobalGold it shall not be a Processor, and therefore, in either case, the obligations of clause 1.7 shall not apply to GlobalGold.
1.4 The Controller represents and warrants to GlobalGold that with respect to any personal data processed pursuant to this Agreement:
1.4.1 all personal data is necessary for the purpose for which it is processed, accurate and up-to-date (and Controller shall at all times comply with GlobalGold’s standard acceptable use policy);
1.4.2 taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk to the personal data;
1.4.3 the Controller has obtained all the necessary consents from data subjects to process the personal data and to outsource the processing of any personal data to GlobalGold and the Controller covenants that it shall notify GlobalGold in writing if there are any material changes to these consents or to the personal data that GlobalGold processes under this Agreement; and
1.4.4 it is not aware of any circumstances likely to, and will not instruct GlobalGold to process the personal data in a manner that is likely to, give rise to a breach of the Data Protection Law (or any other applicable data protection or privacy laws).
1.5 The Controller acknowledges and agrees that pursuant to its obligation under Article 28(1) of the GDPR to only appoint processors providing sufficient guarantees to implement appropriate technical and organisational measures to meet the requirements of the GDPR, it has assessed GlobalGold’s applicable technical and organisational measures and considers them to be sufficient, taking into account the nature, scope, context and purpose of the processing undertaken pursuant to the Agreement.
1.6 Controller acknowledges and agrees that it is responsible for ensuring the compliance of any of its businesses, affiliates or subsidiaries located in a territory outside the EEA with Data Protection Law in relation to transfers of personal data from GlobalGold to Controller.
1.7 Where GlobalGold processes personal data on behalf of Controller, with respect to such processing, GlobalGold shall:
1.7.1 process the personal data only in accordance with the Agreement (as amended by this Addendum) and the documented instructions of the Controller given from time to time. The Controller acknowledges that GlobalGold is under no duty to investigate the completeness, accuracy or sufficiency of such instructions and any additional instructions outside the scope of this Agreement (as amended by this Addendum) require prior written approval between GlobalGold and Controller (including agreement on any fees payable by Controller to GlobalGold for carrying out such instructions);
1.7.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on GlobalGold’s instructions in relation to the processing;
1.7.3 protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm and risk which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the personal data and having regard to the nature of the personal data which is to be protected (and the Controller shall notify GlobalGold immediately if the nature of such personal data changes in a material way);
1.7.4 remain entitled to appoint third party sub-processors. Where GlobalGold appoints a third party sub-processor, it shall, with respect to data protection obligations:
(a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as GlobalGold; and
(b) remain fully liable to Controller for all acts and omissions of the third party, and all sub-processors engaged by GlobalGold as at the effective date of this Addendum shall be deemed authorized;
1.7.5 in addition to the sub-processors engaged pursuant to paragraph 1.7.4 (above), be entitled to engage additional or replacement sub-processors, subject to:
(a) the provisions of paragraph 1.7.4(a) and 1.7.4(b) being applied; and
(b) GlobalGold notifying the Controller of the additional or replacement sub-processor,and where Controller objects to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;
1.7.6 notify Controller without undue delay after becoming aware that it has suffered a personal data breach;
1.7.7 at Controller’s cost and not more than once in any 12 month period permit Controller (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit (during business hours and on reasonable notice) GlobalGold’s data processing activities to enable Controller to verify and/or procure that GlobalGold is complying with its obligations under clause 1.2. Controller shall ensure that its adheres to any applicable GlobalGold site and security policies in the performance of such audit or inspection;
1.7.8 on Controller’s reasonable request and at Controller’s cost, assist Controller to respond to requests from data subjects who are exercising their rights under the Data Protection Law (insofar as it is reasonable for GlobalGold to do so);
1.7.9 save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Data Protection Law, not process personal data outside the EEA without the prior written consent of Controller and, where Controller consents to such transfer, to comply with any reasonable instructions notified to GlobalGold by it. Notwithstanding the foregoing, GlobalGold is expressly permitted to and instructed by Controller that it may transfer personal data to any GlobalGold subsidiary and any GlobalGold subcontractor, subject to first ensuring that adequate protections are in place to protect the personal data consistent with the requirements of Data Protection Law;
1.7.10 on Controller’s reasonable request and at Controller’s cost, assist (insofar as it is reasonable to do so, taking into account the nature of the information available to the GlobalGold and any restrictions on disclosing the information, such as confidentiality) Controller to comply with the Controller’s obligations pursuant to Articles 32-36 of the GDPR (or such corresponding provisions of the Data Protection Law), comprising (if applicable): (a) notifying a supervisory authority that Controller has suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and
1.7.11 unless applicable law requires otherwise, upon termination of the Agreement delete or return all personal data provided by Controller to GlobalGold (except to the extent this is not reasonably technically possible or prohibited by law).
2 INDEMNITY
2.1 Controller shall indemnify and hold harmless on demand GlobalGold for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) (“Losses”) as a result of:
2.1.1 the Controller breaching its obligations under clause 1 (Data Processing);
2.1.2 any unsuccessful claim by a data subject when such claim holds both Controller and GlobalGold as jointly and severally liable under the Data Protection Laws.
2.2 Where under Data Protection Law (including without limitation Article 82 of the GDPR) GlobalGold and Controller incur joint and several liability (as Controller and Processor with any other person) and, as such, GlobalGold incurs Losses (other than for damage caused by processing where it has not complied with obligations under Data Protection Law specifically directed to Processors or where it has acted outside or contrary to Controller’s lawful instructions under the Agreement), Controller shall indemnify GlobalGold on demand against all such Losses, save for such liability as corresponds directly to GlobalGold’s part of the responsibility for the damage caused by GlobalGold’s breach of the obligations of Data Protection Law or under this Agreement.
3 LIMITATION OF LIABILITY
3.1 Neither party excludes or limits liability to the other party for any matter for which it would be unlawful for the parties to exclude liability.
3.2 Subject to Clause 3.1, with respect to any claim relating to a breach of Data Protection Law or a breach of this Addendum, GlobalGold shall not in any circumstances be liable to the Controller whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
3.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; and
3.2.2 any loss or corruption (whether direct or indirect) of personal data or information;
3.3 Subject to Clause 3.1, GlobalGold’ total aggregate liability to the Controller in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with a breach of Data Protection Laws or a breach of this Addendum or any collateral contract shall in all circumstances be limited to the greater of:
3.3.1 the Charges paid or payable by Controller to GlobalGold under the relevant Agreement in the Initial Term; or
3.3.2 the total Charges paid or payable by the Controller to GlobalGold under the relevant Agreement in the contract year concerned.
4 GOVERNING LAW AND JURISDICTION
This Addendum and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. The parties agree that the courts of England will have exclusive jurisdiction to settle any dispute (whether contractual or non-contractual) arising from or in connection with the Addendum.
Overview of Terms
Easynic provide Internet web based services - web hosting, email services, domain name management, dedicated servers and additional internet services. Easynic reserve the right to suspend or cancel a
customer's access to any or all services provided when an account has been inappropriately used.
We reserve the right to change our terms and conditions when necessary due to the continual evolving nature of our business. It is your responsibility to ensure that you are up to date with our terms and
conditions.
By signing up for any service, you agree to be bound by all terms and conditions irrespective of the mode or manner of ordering employed by you when ordering the services.
This Agreement is made between Easynic and you as defined in section 1 below. The date of this Agreement is the date you first order our services.
General Terms and conditions applicable to all services follow:
DEFINITIONS
- In this Service Agreement ("Agreement"), "you" and "your" refer to each reseller (" Reseller") and "we", "us" and "our" refer to Easynic.
For any domain names Easyspace Limited is not accredited for, your domain will be registered through OpenSRS and you enter into a contract with them. For OpenSRS terms and conditions visit:
https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html
- "Services" means domain name registration, web site hosting, dedicated servers, email services and any other internet web based service or facility provided by us to you;
- "Agreement" means the Contract between Easynic and the User incorporating these conditions, and Easynic published charges for the provision of its services;
- "Fees, Payments" means the charges as agreed during the sign up process and Easynic's latest published prices for products, services and subscriptions requested or incurred
during the Contract period;
- This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our Service(s), you have agreed to establish an account with us
for such services.
- When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel your service(s) (even if we were
not notified of such authorisation), this Agreement covers any such service or actions.
ACCURATE INFORMATION
- As consideration for the service(s), you agree to:
- Provide certain current, complete and accurate information about you as required by the application process;
- Maintain and update this information as needed to keep it current, complete and accurate.
- We rely on this information to send you important information and notices regarding your account and Service(s). In particular, you agree that if you fail to notify us in writing by Recorded
Delivery post of any change of address within four (4) calendar weeks of changing your address then we have the right to terminate your contract forthwith without notice to you.
- Our address for such notifications is Easynic, 6 Atlantic Quay, 55 Robertson Street, Glasgow, G2 8JD.
FEES AND PAYMENT, TERM, RENEWAL AND TERMINATION
- As consideration for the Service(s), you agree to pay the applicable Service(s) fees set forth on our website http://www.easynic.com at the time you
request the Service. All fees are due in advance and are non-refundable.
- Each domain name registration is for an initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for
successive periods, as set forth during the renewal process.
- All payments must be in UK Pounds Sterling (£ GBP) or US Dollars ($ USD) as agreed during the initial account setup. Currency is not interchangeable once you have signed up for a package.
If a personal cheque is returned by the bank as unpaid for any reason, or if your charge card declines, you will be liable for an administration charge of £25 GBP.
- All charges payable by you for the Service(s) shall be in accordance with the scale of charges and rates published from time to time by us on our website and as listed in your control panel
and shall be due and payable in advance of our service provision. Charges are exclusive of UK Value Added Tax (VAT) which shall be paid additionally by you at the rate prescribed by law on
submission by us of a proper VAT invoice.
- You agree to pay all value added taxes related to the Service(s) provided to you hereunder
- In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the
applicable service or renewal fee, you acknowledge and agree that the Service(s) for which such fee has not been paid within 21 days of the due date may be suspended, cancelled or
terminated, in our sole discretion, or, in the case of a domain name, transferred to us as the entity that has paid the applicable fee to the registry.
- After 21 days of the payment due date, we reserve the right to cancel the service. In addition, we reserve all rights regarding such domain name registration including, without limitation, the
right to make the domain name registration available to other parties for purchase.
- In the event that your account subscription goes unpaid for 21 days, we, at our sole discretion will revert pricing of your account to standard, non-discounted prices. Easynic reserves the
right to charge a subscription reactivation Fee of £50.00 for each time this occurs.
- We reserve the right to suspend any websites that belong to an account that is in arrears.
- We will reinstate any such Service(s) solely at our discretion, and subject to our receipt of the applicable Service(s) or renewal fee and our then-current reinstatement fee.
- Where a credit card payment is declined, we reserve the right not to register domain names for you or set up the service ordered.
- All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term. We reserve the right to
change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
- You acknowledge and agree that, to the extent necessary, it is your responsibility to:
- Provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet
- Provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
- 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
Service(s) to you.
- Due to the nature of domain name registration, all sales are final. No refunds can be issued once a domain name is registered. We may take all remedies available to collect fees owed.
TERM OF SERVICE
- Unless otherwise specified, each service is for an annual term, and unless otherwise specified at time of commencement of service, all services will incur an annual fee. Service(s) will not
renew automatically unless you specify the packages to be set to auto renew. It is your responsibility to renew or cancel services that you no longer require at the appropriate time.
RENEWAL & TERMINATION
- Easynic operates a default auto-renew policy on all new Service(s), designed to ensure continuity of service.
- Resellers can opt out from auto-renew and manage their auto-renew settings via their Account Control Panel.
- Any renewal of your Service(s) with us is subject to our then current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in
the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal.
- Except with respect to Service(s) to which you subscribe on a monthly basis or have elected for products to be on Auto Renew, we will attempt to email you renewal reminders prior to the renewal
of your Service(s) starting approximately fifty eight (58) days in advance of the renewal date.
- In the case of domain name registrations, we will attempt to send this reminder by email to the administrative contact on file for the domain name registration. It is your responsibility to
maintain this email contact is in working order.
- You are solely responsible for ensuring the Service(s) are renewed. We shall have no liability to you or any third party in connection with the renewal or any attempt to renew the Service(s) as
described herein, including, but not limited to, any failure or errors in renewing or attempting to renew the Service(s). The foregoing limitation of liability is in addition to any other
limitations of liability set forth in this Agreement.
- Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may:
- Revise the terms and conditions of this Agreement
- Change the Services provided under this Agreement, in whole or in part, at any time.
- Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or such other email address as you may
provide in connection with any Service(s) purchased from us; provided, however, that terms and conditions for new services shall be effective immediately
- Your continued use of any Service(s) purchased through us shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by us, each
with the new modifications.
- If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar.
- You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or
any additional rules or policies that are or may be published by us from time to time.
- If you have elected not to use auto-renew for your products and Service(s) it will be your responsibility to renew them at the appropriate time. Failure to do so will result in those
Service(s) being cancelled after the renewal date.
- If you choose to set products to auto-renew, payment will be taken from your Easynic account balance at the point of renewal.
- It is the Resellers' responsibility to ensure that they have valid up-to-date credit or debit card details assigned to their account to use the auto-renew facility.
- We will attempt to warn you of low balance by email, but the onus is on you to be aware of what’s due to be renewed and to make sure you have the funds in place or risk losing your
services.
- We shall have the right to terminate this Agreement by notice in writing to the Resellers if any of the following events occur:
- You fail to make any payment when it becomes due
- You are in breach of any of your obligations under this Agreement.
- A receiver or liquidator is appointed over your or any of your assets.
- You enter or propose to enter into any arrangements with your creditors, including voluntary arrangements
- If you terminate this Agreement during the contract period other than because Easynic has increased its charges or materially changed the terms of this Agreement to your detriment,
you must pay us the applicable charges for the remainder of the contract period.
- Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
- The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written
notice from the other party to do so.
- The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
- The other fails to pay any charges when due.
- The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect.
- The other party ceases to carry on its business or substantially the whole of its business.
- the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrator,
administrative receiver, manager, trustee or similar officer is appointed over any of its assets
- If the bandwidth used for traffic to and from the website is exceeded beyond our considered acceptable use and is deemed by Easynic to affect the performance of other customer websites.
Notwithstanding any other remedies it may have under these Terms and Conditions or in law, we will, in the event that the acceptable bandwidth is exceeded, charge you an additional monthly fee.
- If any of the events detailed above occur as a result of our default, we may, by giving notice to you, disconnect the Service or any part of it without prejudice to our right to terminate
this Agreement. Where the Service or any part of it is disconnected under this paragraph, you must pay the Charges for the Service until this Agreement is terminated.
- Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
- On termination of this Agreement for any reason we shall have the right immediately to remove any Apparatus from the Premises. All amounts owing for the Service(s) shall be due and
payable in full on demand whether or not then due and you shall have no right to withhold or set off such amounts.
- Easynic reserve the right to delete all e-mail, websites, and other data stored on the Service by you and re-use the e-mail addresses, domain names not held by you and web space.
- Upon the termination of any Agreement for any reason whatsoever you shall promptly return to us all copies of any software issued by us in your possession. We may cease to host the
website or any other service with immediate effect and each party shall on request promptly return any documents or papers relating to the business of the other party (including any of the other
party's Confidential Information) which it then has in its possession or control.
- We may assign or otherwise transfer this Agreement at any time. You may not assign or otherwise transfer this Agreement or any part of it without our written consent.
SUSPENSION, CANCELLATION, TRANFER OR MODIFICATION OF SERVICE(S)
- You acknowledge and agree that we may suspend, cancel, transfer or modify your use of the Service(s) at any time, for any reason, in our sole discretion and without notice to you. You also acknowledge and agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service(s).
- Without limiting the foregoing, we may, in our sole discretion, suspend, cancel, transfer or modify a domain name registration:
- to correct mistakes made by us, another registrar, or the applicable registry administrator
- to resolve a dispute related to that domain name
- within five (5) calendar days of the creation date of that domain name registration
- if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by us
- if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the
Internet
- if you use a domain name in connection with unlawful activity.
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 or content on your website.
INDEMNITY
- You agree to defend, indemnify and hold harmless the company, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages,
costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to:
- Your use of or connection to the Service(s), including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service
registered in your name.
- Your use of any domain name registration or other Service(s).
- The content of the Service(s).
- Your breach or violation of any term, condition, representation or warranty of this Agreement.
- Your violation of any rights of others.
- This indemnification is in addition to any indemnification required under the UDRP or any similar policy. You additionally agree to indemnify, defend and hold harmless the applicable
registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and
expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
LIMITATION OF LIABILITY
- All conditions, terms, representations and warranties relating to the Service(s) supplied under this Agreement and Reseller 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.
- Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
- 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 Service(s) shall be limited to the
charges paid by you in respect of the Service(s) which are the subject of any such claim.
- In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
- 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.
FORCE MAJEURE
- Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder
due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section shall
take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based.
- Furthermore, in the event a force majeure event described here extends for a period in excess of thirty (30) days in the aggregate, we may immediately terminate this Agreement and shall have
no liability therefore.
NOTICES
- Any notice to be given by you to us must be sent by Recorded Delivery to us at the address appearing in this Agreement or ancillary application forms or such other address as we may from
time to time have communicated to you in writing. Notices sent shall be deemed to be served two days following the date of posting.
LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with English and Welsh law and you hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
PRIVACY
- Our privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy
statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the
privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, we have the right to terminate this agreement
forthwith without notice to you. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way
incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorised
access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply
to us as part of our services with regard to:
- the purposes for which such third party's personal data has been collected
- the intended recipients or categories of recipients of the third party's personal data
- which parts of the third party's data are obligatory and which parts, if any, are voluntary
- How the third party can access and, if necessary, rectify the data held about them.
- You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences
resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.
- Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and
conditions of this Agreement.
- Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to us the right to disclose to
third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name:
- The domain name(s).
- Your name and postal address.
- The name(s).
- Postal address(es).
- E-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s).
- The Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s).
- The corresponding names of those nameservers.
- The original creation date of the registration.
- The expiration date of the registration.
- We, as are all accredited domain name registrars, are also required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise
support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to
register domain names.
HEADINGS
- Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
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
this Agreement.
DISCLAIMER OF WARRANTIES
- The services are provided to you on an "as is," as available basis. except for our statement regarding our accreditation as an ICANN-approved domain name registrar, Easynic limited
makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of
merchantability, fitness for a particular purpose, non-infringement or service guarantees, unless such representations and warranties are not legally excludable. you are responsible for
maintaining and backing-up your data and information that may reside on the services. Easynic further disclaims any representation or warranty: (i) that the services will meet your
specific requirements, (ii) that the services will be uninterrupted, timely, secure, or error-free, (iii) regarding any goods or services purchased or obtained through the services or any
transactions entered into through the services, or (iv) that any errors in the services will be corrected. any material downloaded or otherwise obtained through the use of the services is done
at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. no oral or
written advice or information given by us, our employees, licensees or the like will create a warranty or guaranty; nor may you rely on any such information or advice. without any limitation
to the foregoing, we make no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunise you either from challenges to
your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.
GENERAL
- You agree and acknowledge that any acceptance of your application for the Service(s) and the performance thereof will occur at our offices in the UK, the location of our principal place of
business.
- Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this
Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement void at our option. You agree to resell any of the Service(s) only with our prior express written consent.
- Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this
Agreement shall not be construed to create any obligation by us to any non-party to this Agreement.
- The failure of the company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us
of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of Easynic as reflected in the original provision.
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ESCALATED COMPLAINT HANDLING PROCESS
We realise that sometimes things don’t go according to plan, despite training all our staff to ensure things run smoothly. So while we always aim to provide top quality service, we recognise that there may be times when things go wrong. All members of our staff will always do their very best to help, but there may be times when our customers need extra assistance to sort out certain issues.
We want to make this process as easy as possible for you and are committed to doing everything we can to resolve customer complaints. If you feel you need extra assistance, please email us at customerescalations@easynic.com and our customer services team will investigate and propose a solution, we will acknowledge your complaint within 1 working day. If you are not happy with the solution your case will be escalated to the Customer Services Manager.
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