Spellbound IT Terms and Conditions

Any client for services provided by Spellbound IT Limited, by use of such services, accepts the terms and conditions of service given below, irrespective of the method or manner of ordering employed by the client when ordering the services:-

i. 'Spellbound IT' shall be used to refer to Spellbound IT Ltd

ii. 'domain name' shall be used to refer to the purchasing of a domain name or names via Spellbound IT Ltd

iii. 'virtual server' shall be used to refer to the purchasing of a virtual server package via Spellbound IT Ltd

iv. 'client' shall be used to refer to customers of Spellbound IT Ltd

v. 'the service' shall be use to refer to any of the above services

vi. communications requested .in writing. take the form of a signed and addressed fax or letter

vii. .beyond reasonable control. includes any act of God, power failure or shortage, employee dispute, act or omission of government; highway authorities, other telecommunication operators or their equipment including access lines, war, military operation, riot or delay or failure in manufacture, production or supply of equipment by third parties

2. The services

i. Domain names are purchased by Spellbound IT on behalf of Spellbound IT's customers. The rates for these domains are stated on the domain names web page.

3. Customers are obliged to inform Spellbound IT of any change of address details or credit card details. Spellbound IT has the right to suspend accounts if they are unable to contact customers by phone, fax or email.

4. Spellbound IT reserves the right to re-evaluate its pricing structure at any time. In the event of any pricing evaluation Spellbound IT will endeavour to notify clients, with reasonable notice, of imminent price changes to the services they subscribe to. However, clients have the responsibility to check Spellbound IT's web page for regular pricing updates and changes.

5. Unless indicated otherwise, charges are quoted ex VAT, that shall be charged to and payable by the client at current rates.

6. The client agrees not to use the services to transmit any form of communication which may be abusive, offensive, obscene, indecent, menacing, defamatory or which might cause annoyance, inconvenience or needless anxiety to anyone or to commit a fraud or other criminal offence.

7. Spellbound IT shall act as an agent to purchase the domain name you have requested. However, Spellbound IT cannot guarantee that the domain name you have chosen will be available. Domain names are only purchased once payment has been made and domains will not be renewed unless payment has been made for the renewal prior to the renewal date expiring. Spellbound IT can not be held responsible should your domain expire due to non renewal. It is the customer's responsibility to contact Spellbound IT to renew their domain names prior to renewal.

8. The domain name will be registered for two years and payment for the domain will be taken at the time of purchase. Spellbound IT may cancel or suspend the registration of a domain name if fees are not received. Requests to transfer a domain name away from Spellbound IT will also be refused in the event that there is still an outstanding balance owing on the clients account at the time of the transfer request irrespective of the service for which the payment is owed. Spellbound IT will contact you approximately one month before the domain is up for renewal. However, Spellbound IT is not under any obligation to do so. Domain name purchasers should make a note of when their domain is up for renewal and contact Spellbound IT before their domain is due to expire if they would like to renew their domain names. If domain name purchasers do not get in contact with Spellbound IT regarding the renewal prior to expiry, Spellbound IT will not pay any renewal fees and may detag the domain.

9. By registering or using the domain name, you will not knowingly breach or infringe any patents, intellectual property rights or trademarks of a third party and you will ensure that you are entitled to register the domain name.

10. Spellbound IT will involve the appropriate law enforcement agency if the client is using a domain name, or is suspected of using the domain name, for illegal activities. Conversely Spellbound IT will make records available to law enforcement agencies if required by law to do so. If this notice is ignored any impending legal action is the client's sole responsibility. Under no circumstances will Spellbound IT accept any legal responsibility or liability.

11. Spellbound IT may suspend any Spellbound IT service: to provide or safeguard any service to any emergency, rescue or other essential service or otherwise in a local or national emergency; to comply with a request or instruction from a government or other competent authority; to maintain the quality of the services; if Spellbound IT reasonably believes that the client will fail to pay any amount due (whether or not an invoice has been issued); if an event reasonably beyond Spellbound IT control occurs or; if the client breaks the terms of this agreement.

12. Spellbound IT cannot be held responsible for any loss, damage or injury caused by or attributed to the service. Spellbound IT cannot accept any liability for loss of earnings, financial hardship or any other financial claim for damages through the use of the service.

13. Spellbound IT shall not provide any compensation for events beyond reasonable control.

14. Spellbound IT will not under any circumstances have to compensate the client for any harm to their business, lost revenues, loss of anticipated savings, lost profits or other indirect, consequential or special losses, nor for any charges incurred by the client with another provider

15. Spellbound IT may end this agreement without giving notice if the client does not comply with their responsibilities set out in this agreement.

16. The client may not transfer this agreement or any other rights under it without prior consent from Spellbound IT in writing.

17. If any provision of this agreement shall be invalid or unenforceable the remaining conditions shall continue to apply.

18. This agreement and the documents referred to in it contain the entire agreement between Spellbound IT and the client.

19. Spellbound IT reserves the right to amend these terms and conditions if required.

20. The service is based in and for use in the United Kingdom and as such this agreement is subject to English Law.

21. The client agrees to use the services in accordance with this agreement, any instructions given by Spellbound IT and any laws, regulations and licences, which apply to the use by the client of the services, and the client agrees to ensure that the equipment used to obtain access to the services conforms with these laws, regulations and licences.

Payment policy

1. All payments should be made to Spellbound IT in pounds sterling and are quoted excluding VAT in the UK.

2. Under the terms and conditions of the Late Payment of Commercial Debts (Interest) Act 1998, any late payments will incur a cumulative penalty of the Bank of England Base rate plus 8% of the amount outstanding on a daily basis until the bill is settled.

3. Bills outstanding after 14 days will result in the amount outstanding plus the Bank of England Base rate plus 8% late payment charge incurred being debited automatically from the credit card details issued by the customer.

4. In the event of it not being possible to process a credit card late payment an additional administration charge of £20 will be incurred by the client.

5. Returned cheques will incur a fee of 2% of the amount owed (with a minimum charge of £10). This figure will be cumulative on a monthly basis from the due invoice date if the outstanding amount owed is not subsequently paid.

6. If the payment terms are infringed Spellbound IT reserves the right to terminate or suspend all services provided to the client, until all outstanding invoices and penalty are paid.

7. If a service is terminated or suspended Spellbound IT reserves the right to charge a reconnection fee and request payment in full for both the reconnection fee and any outstanding payments prior to service being resumed.

8. Spellbound IT reserves the right to use third parties to recover any outstanding debts after notification has been made to the clients of impending action.

9. Any problems or queries with any Spellbound IT invoice should be reported within 7 days of the invoice date to Spellbound IT in writing.