Terms & Conditions of Service

OUR COMPANY DETAILS

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1. CONTRACT FORMATION

1.1 The contract is formed by the completion of three distinct steps:

• Our display / catalogue / website (at https://www.getonline.co.uk) each invite you to do business with us
• Your order is an offer to do specific business with us
• The contract is formed when you receive our acceptance of that offer

1.2 We reserve the right to accept, refuse, or limit your order for any reason - including (but not limited to) credit card / payment clearance, unavailability of stock or errors in product descriptions and / or prices.

2. WARRANTIES: EQUIPMENT / GOODS SUPPLIED

2.1 We warrant that the equipment / goods:

• Are of satisfactory quality
• Are safe for normal use
• Are fit for normal use and stated purpose (but not fit for any use which we state on our website may be inappropriate)
• Comply materially with the written description given on our web site

2.2 All equipment / goods are guaranteed for a period of 12 months.

3. WARRANTIES: SERVICES SUPPLIED

3.1 We warrant that the services:

• Will be provided using reasonable skill and care
• Are fit for normal use and stated purpose (but not fit for any use which we state on our website may be inappropriate)
• Comply materially with the written description given on our web site

3.2 We cannot warrant that the service will be free of interruption or that transmission of information through the service will be secure.

3.3 It is entirely your responsibility to ensure that your equipment is correctly configured and capable of receiving our services.

3.4 It is not technically possible to provide the service free from errors and / or faults and we do not undertake to do so.

3.5 We operate an online only support facility to enable errors and / or faults to be reported and resolved.

3.6 We cannot warrant that all errors and / or faults will be corrected.

4. DELIVERY ARRANGEMENTS

4.1 We intend to deliver / supply the equipment / goods and services on the date set out on our order confirmation or, in any event, within 21 working days of receiving your order. If a particular delivery date is critical for you, you must tell us so in writing when, or before, you place your order; we will do our best to meet your deadline but we cannot guarantee to do so.

4.2 If we are unable to deliver the equipment / goods within 21 working days of receiving your order, we will tell you at the earliest opportunity and you will have the right to cancel the order. In that event, we will promptly refund any money you have paid.

4.3 All offers are subject to availability.

4.4 We will deliver by normal post, Recorded, Registered, Special Delivery or courier as appropriate and at our discretion.

5. YOUR RIGHT TO CANCEL

5.1 You have the right to cancel your order for equipment / goods at any time up to seven days after you receive the goods (‘the time allowed’).

5.2 If you decide to cancel your order for equipment / hardware, you should tell us (in writing) within the time allowed. It is up to you to make sure that your cancellation reaches us in time.

5.3 If you do cancel your order for equipment / goods, you must not use or have used the goods and you must keep them safe. It shall be your responsibility and at your cost to arrange safe return of the equipment / hardware to us.

5.4 Orders for domain names or services based on those domain names cannot be cancelled once registered and the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 will not apply to these services.

6. INSPECTION OF GOODS

6.1 You should inspect and test the equipment / goods at the earliest opportunity. If the goods are defective or otherwise in breach of the contract terms ('a justified reason', you have the right to return them to us but you should do so within a reasonable time.

6.2 Upon return of the equipment / goods for a justified reason you have the right to either a full refund of the price of the goods or a replacement (if available). If, instead, you ask us to repair the equipment / goods you will not lose your right to return them again if they are still not satisfactory.

7. AVAILABILITY AND PRICING

7.1 All equipment / goods and services are supplied subject to availability.

7.2 Domain name registrations are subject to availability and registrar restrictions.

7.3 We have the right to change our prices at any time without advance warning and all prices exclude UK VAT at 20% unless specifically stated otherwise.

8. PERSONAL INFORMATION / SECURITY

8.1 We guarantee that any personal information you send us online will be secure.

8.2 Information that you provide to us must be true, accurate and complete.

8.3 You agree to inform us of any changes in your details (contact details, address, telephone number or email address) via our ticketing system:

https://support.getonline.co.uk

9. CONTRACT TERM, RENEWALS AND TERMINATION

9.1 Services are offered on these minimum contract periods:

• Domain Names – 1 Year
• Web and/or Email Hosting – 1 Year

9.2 Prior to the expiry date of each contracted period we will send you a number of notices inviting you to renew the domain name and / or service for an additional period - the renewal process will generally start 45 days before the renewal date and will consist of two email notifications and a suspension notice shortly before or just after the renewal date. The renewal process may vary for certain domain names as required by registrar's terms and conditions. It is your responsibility to ensure we have up-to-date contact details so that we can send you these notices.

9.3 The registrars with whom we have registered your domain names with will also contact you directly when your domain name is due.

9.4 Renewal fees will be the same as the standard prices listed on our website at the time of generating the initial renewal notice - you can find our prices here.

9.5 Payment and Renewal

9.5.1 All services are provided on a pre-payment basis unless agreed with us in advance via email or in writing

9.5.2 In the case of services provided by us including email, website and DNS hosting:

9.5.2.1 Starting 45 days before the expiry date we will send you 2 email renewal notices and then a suspension notice shortly before or shortly after the expiry date

9.5.2.2 Renewal fees must be received before the expiry to guarantee continuation of services

9.5.2.3 We provide a 7 day grace period after the expiry date in which the service will remain active

9.5.2.4 At a time determined by us after the 7 day grace period the service will be suspended without notice

9.5.2.5 You can still renew the existing service for up to 30 days after the expiry date

9.5.2.6 At a time determined by us after the 30 day post expiry period we will delete the service, configuration and any data that we are not legally required to retain

9.5.2.7 Once your account has been deleted it cannot normally be restored

9.5.3 In the case of domain names registered with OpenSRS / Tucows (for example .com, .net, .org)

9.5.3.1 Starting 45 days before the expiry date we will send you 2 email renewal notices and then a suspension notice shortly before or shortly after the expiry date

9.5.3.2 We will renew your domain name with OpenSRS within a reasonable timeframe of receiving payment from you

9.5.3.3 If we do not receive payment from you before the expiry date OpenSRS will suspend the domain name the day after the expiry date

9.5.3.4 Once your domain name has expired, we cannot offer any guarantee that you will be able to renew it

9.5.3.5 For details of what OpenSRS will do with the domain name after the expiry date, please see the following page on their website:

9.5.3.5.1 OpenSRS - Redeem an expired domain

9.5.3.6 At a time determined by us after the expiry date, will delete any related DNS records from our DNS servers

9.5.5 In the case of domain names registered with Nominet UK (for example .uk, .co.uk, .org.uk, .ltd.uk)

9.5.5.1 Starting 30 days before the expiry date we will send you 2 email renewal notices and then a suspension notice shortly before or shortly after the expiry date

9.5.5.2 We will renew your domain name with Nominet UK within a reasonable timeframe of receiving payment from you

9.5.5.3 1 day after the expiry date Nominet UK will notify the registrant via email that the domain name has expired

9.5.5.4 23 days after the expiry date Nominet UK will send the registrant a suspension notice via email

9.5.5.5 30 days after the expiry date Nominet UK will suspend the domain name and notify the registrant via email

9.5.5.6 At a time determined by us after a 30 day grace period we will delete any related DNS records from our DNS servers

9.5.5.7 83 days after the expiry date Nominet UK will send a cancellation warning to the registrant via email advising that the domain name will be deleted in 7 days

9.6 After the initial minimum contract period either party may terminate the contract by giving 7 days notice in writing to the other.

9.7 We reserve the right to immediately terminate the contract at any time due to abuse and / or material breach of your agreement with us or breach of our Acceptable Usage Policies (which you acknowledge to have read).

9.8 Upon termination any fees pre-paid by you for unused time remaining, less any charges outstanding on your account, will be calculated and returned to you either by the same method as they were paid or by cheque (at our discretion).

9.9 Either party may terminate this agreement immediately by giving notice in writing to the other, if the other:

• Commits a material breach of this agreement which cannot be remedied
• Is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation, or a receiver or administrator is appointed over their assets

9.10 If you choose to transfer your domain name to an alternative provider during the contract, on expiry of the contract of after the contract has ended:

9.10.1 There will be no charges for transferring control of the domain name to your new provider

9.10.2 We will respond to any transfer request within 2 working days of receipt and endeavour to complete the transfer within a reasonable timeframe

9.10.3 It is your responsibility to initiate and authorise any transfer requests

9.10.4 It is your responsibility to transfer any email or website data to your new provider before the domain name is transferred

10. RESELLERS

10.1 'Resellers' are identified as any account which registers or renews one or more domain names where the registrant is different from the billing name or billing contact unless otherwise agreed with us in advance.

10.2 It is your responsibility to notify us in advance if you are reselling our services to a third party.

10.3 We will periodically contact resellers to confirm compliance with our terms and conditions and to ensure the way they deal with their customers is compatible with both our terms and the terms of respective registrars.

10.4 You are permitted to resell our services to your own clients subject to the following terms:

10.4.1 When registering or renewing domain names with us on behalf of your client, you are agreeing to these terms and conditions and you as the reseller must ensure your client agrees to the respective registrar terms and conditions:

Nominet Terms

When registering or renewing any domain name type provided by Nominet UK (includes .uk, .co.uk, .org.uk, .ltd.uk) your client is also agreeing to and accepting Nominet UK's Terms & Conditions.

Those terms & conditions can be found on Nominet UK's website - [View Nominet Terms]

OpenSRS Terms

When registering or renewing any domain name type provided by OpenSRS (includes .com, .net, .org) your client is also agreeing to and accepting OpenSRS's (Tucows Inc) Terms & Conditions.

Those terms & conditions can be found on OpenSRS's website - [View OpenSRS Terms]

10.4.2 Make your clients aware of your customer service levels / methods and how quickly customers should expect to receive a response from you.

10.4.3 We ask that you publish on your website details of how a customer can make a complaint about the service they have received from you and if they are unsatisfied with your response how it can be escalated.

10.5 You are responsible for your client including providing customer support and billing them where required.

10.6 We reserve the right to communicate with your client directly without permission in the event of an issue or if they are unable to contact you in the timeframe described in section 10.4b.

10.7 As our reseller you are acting on our behalf, you should not carry out any action which may put us in breach of the terms and conditions described in section 10.4a.

10.8 Any contract you may have with your client must be compatible with both our terms and conditions and if applicable the respective registrars terms and conditions as described in section 10.4a.

10.9 If you become aware of any change to the details or status of one of your clients that will impact the registrant details of any domain name they have registered as part of this agreement you must notify us immediately so that we can update the records with the respective registrar or provide direction for the client to administer the change themselves.

10.10 If you become aware of an issue that impacts the security and integrity of our services or you identify any breach of the terms and conditions referenced in this contract, you must notify us immediately.

11. COMPLAINTS

Our complaints procedure can be found here:

https://www.getonline.co.uk/legal/complaints.php

The addresses to which you should write if you have any complaint are:

Attn: Customer Services Department GetOnline Ltd 12D Adlington Park Adlington, Cheshire SK10 4PZ, United Kingdom

Or contact us via our ticketing system:

https://support.getonline.co.uk

12. DESCRIPTIONS

We do our best to ensure that the descriptions and illustrations of the goods we supply are fair, honest and accurate.

13. ACCEPTABLE USAGE

It is a condition of this contract that you comply at all times with our Acceptable Usage Policies (as may be updated from time to time) as detailed on our web site.

If you breach our Acceptable Usage Policy we are entitled to suspend or restrict your service and cancel this contract and / or take such as action as detailed in the Acceptable Usage Policy.

14. STATUTORY RIGHTS

Nothing in this contract affects your statutory rights.

15. MISTAKES IN BILLS

If we make a mistake in any bill, we will correct it as soon as the mistake comes to our attention, and we will, if appropriate, refund any money to you promptly.

16. RECORDS OF CONTRACTS

We maintain records of all contracts, and, if you so request, we will provide you with a copy of any contract between us and you entered into within the last 24 months.

17. PRIVACY

17.1 We will use the information you give us, and information arising from our dealings with you (‘personal data’) to enable us to perform our obligations to you. We may also analyse your personal data, for example, for marketing and market research purposes.

17.2 We will comply with our statutory obligations in relation to your personal data, and we will not pass on any ‘sensitive data’ (as defined in the Data Protection Act 1998) without your prior consent. However, it will be necessary to pass your details on to our suppliers so the goods / services can be provided - in all cases we will only pass on the minimum details that are required.

17.3 You have the right to ask us for a copy of your personal data, and to correct any mistakes.

17.4 We may monitor or record calls for training or to improve the quality of our customer service.

18. THIRD PARTY ISSUES

Unless the contract states otherwise in writing, the benefit of this contract is personal to you and only you can enforce the contractual terms.

19. SEVERABILITY & CONFLICT OF TERMS

19.1 If a court decides that any part of these terms is void, void able or unenforceable, the rest of these terms shall continue to be valid and enforceable. A court will, if possible, modify the offending term to the minimum extent necessary to make it valid.

19.2 If you are a business, our standard terms and conditions are to prevail over any you seek to impose.

20. FORCE MAJEURE

We are not liable to you for any failure to perform our obligations due to circumstances outside our control.

21. OWNERSHIP / LATE PAYMENT

21.1 Equipment / goods supplied belong to us legally and beneficially until you have paid all our charges under this agreement, but the risk attached to owning them passes to you as soon as they are delivered into your possession or control.

21.2 Even though equipment / goods supplied continue to belong to us, we have the right to recover payment for them. As long as the goods remain ours, and discrete from items which are not ours, we have the right (but not the obligation) to recover these goods. As long as the materials remain ours, you must not sell or otherwise dispose of them.

21.3 Under the Late Payment of Commercial Debts [Interest] Act 1998 we reserve the right to reclaim interest on overdue amounts at 8% above the Bank of England base rate.

21.4 Where any payments on your account are overdue we reserve the right to restrict or suspend any or all services on your account and further order fulfilment until payment is made in full.

21.5 We reserve the right to assign any payments received or credits to your account to repay oldest debts first.

22. LIMIT OF LIABILITY

22.1 We do not seek to limit liability for death or personal injury resulting from our negligence or for fraud. However, you acknowledge that the services are not appropriate for uses where personal injury or death could arise from use or reliance on the services and you should satisfy yourself as to the accuracy of any statements made by us or on our behalf.

22.2 By submitting your order request to us you agree to accept our terms and conditions and that our total liability to you shall be limited to the purchase price actually paid to us by you for the product or service giving rise to the liability.

22.3 You agree that we will not be held responsible for any indirect or consequential loss or damage (whether loss or profit, loss of opportunity or otherwise), costs, expenses or claims for consequential loss whatsoever which arise out of or in connection with the supply of the service and its use or resale.

23. INTERPRETATION AND GOVERNING LAW

23.1 This is a plain English contract. Other than defined terms, words and expressions have their normal English meaning as they would be understood by a reasonable person in the context of this contract.

23.2 This contract is governed by the laws of England and Wales and you agree to submit to the jurisdiction of the English courts.

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If you have any questions about these terms please raise a ticket.