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Looofa.com terms and conditions

1. Definitions

'our', 'we' and 'us' Looofa and, where applicable, its officers, employees and authorised agents;
'our site' means our website or websites;
'you' and 'your' include any business with which you are associated and on behalf of which you use our site;
'services' means the domain registration, hosting service and other ancillary services offered on our site and where relevant includes any goods supplied by us; and
'terms and conditions' includes these terms and conditions of business our Privacy Policy and all other instructions to you posted on our site.

2. Terms and Conditions

2.1 When requesting services from our site you agree to comply with the on-line ordering procedure as prompted on our site.
2.2 When requesting services for the first time we will give you an individual user account number on the basis that you must use this account when requesting services from us.
2.3 These terms and conditions shall apply to all contracts you make with us. Each time you use our services you are offering to contract with us on the basis of these terms and conditions. All access to our site is subject to these terms and conditions. No other terms and conditions will apply to our supply of goods or services.

3. Your Obligations

3.1 We accept orders on the basis that the person placing the order is liable to pay us for the services. It is your responsibility to ensure the security of your user account. You will be liable to pay for any services ordered on that account until we receive notice from you to the contrary.
3.2 We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions.
3.3 You undertake to ensure the accuracy and completeness of the information you provide us and accept all liability for the rejection of documents due to inaccuracies or incompleteness.
3.4 It is your responsibility to ensure that any domain name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name.
3.5 Once we have accepted a request for services you may contact us via our site or at the postal address displayed on our site to ask that your request be withdrawn. Given the nature of the services we provide it will be entirely at our discretion whether or not you are entitled to a refund for those services. In the exercise of such discretion we will consider the extent to which we have commenced work on the provision of that service.

4. Our Obligations

4.1 We will exercise reasonable care in compiling our site, use reasonable efforts to make our site available to you at all times; and take the steps set out in our Privacy Policy to endeavour to secure any personal data or credit card information you give us.
4.2 On accepting a request for services from you we will acknowledge our acceptance and confirm the details you have supplied us with by way of e-mail. Our acceptance of instructions is deemed to have occurred at the time of our sending the e-mail and not at the time of your receipt.

5. Price and Payment

5.1 The prices payable for services that you order are set out on our site. We reserve the right to vary these prices from time to time and post such changes on our site.
5.2 Payment will be made by credit card using the procedure set out on our site at the time of ordering. The price of services you order will be confirmed at the time of the request.
5.3 You agree to pay the prices set out on our website for services selected by clicking the accept button.
5.4 You agree to pay for all domain registrations in advance and for all hosting options 12 months in advance.
5.5 The Customer acknowledges that the Charges are exclusive of any telecommunication charges. All telecommunication charges incurred by the Customer in connection with the use of the Services remain solely at all times the responsibility of the Customer. The Company does not accept liability or responsibility for any such charges.
5.6 Neither the Company or the Customer shall be entitled to set off a credit against any amount owed to it by the other under the terms of this Agreement or under any other agreement prior to completion of this Agreement.
5.7 All prices exclude VAT.
5.8 The volume of included data transfer may be limited, depending on the chosen package. Unless otherwise contractually agreed, the volume limit of data transfer is limited to six (6) GB (Gigabytes) per package. The volume of data transfer is the sum of all transfers resulting from the customers package. Any additional volume of data transfer will be charged at 2 GBP per Gigabyte.

6. Performance

6.1 Time is not of the essence for the performance of the services. We will use our reasonable endeavours to meet the time estimates given on our site but these remain estimates and in particular we accept no responsibility for delay caused by third parties or for reasons outside our control (such as the unavailability of the world wide web or for computer systems or telecommunications failure).
6.2 We are not obliged to accept any request or to continue to perform any service. We reserve the right to reject any request or to discontinue the performance of any service without liability.

7. Exclusion and Limitations

7.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in our site. The information contained in our site may contain technical inaccuracies or typographical errors and is intended to be a general indication of our services only. Any implied terms including those as to quality, fitness for purpose, compliance with description or sample are excluded unless you deal as a consumer. If you do deal as a consumer these terms do not affect your statutory rights.
7.2 Except in claims relating to death or personal injury resulting from negligence or as otherwise prescribed by law our liability for any loss or damage (compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of any single claim will be limited to the value of re-supplying our site or relevant services to you.
7.3 You agree that this limitation is reasonable having regard to the nature of our site and in particular given that when you purchase information or services through our site you will enter into a separate contract with us in each case.
7.4 Each of the provisions of this clause 7 shall be construed as a separate, and severable, provision of these terms and conditions.

8. Variation

8.1 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and the terms and conditions. Any changes to the terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions.

9. Termination of Access

9.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of the terms and conditions.

10. Links to other sites

10.1 Certain links, including hypertext links, in our site may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

11. Force Majeure

11.1 We shall not be liable to you for any breach of the terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.

12. Privacy

12.1 You agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

13. Ownership Rights

13.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

14. Third Party Rights

14.1 These terms and conditions are not intended to be enforceable by any third party as provided by the Contracts (Rights of Third Parties) Act 1999.

15. Jurisdiction

15.1 Our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

16. Domain names

16.1 The Company does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
16.2 Upon successful Registration the Company will host the Customer's domain name(s) for the Initial Registration Period and for such time as it remains validly registered to the Customer subject to such rules of the respective Naming Organisation as may be in force from time to time.
16.3 The Company agrees that for the Duration Period of this Agreement and in consideration of the payment of the Charges by the Customer it will renew the registration of domain name(s), Hosting fees, Additional services for the Renewal Period.
16.4 The Customer acknowledges that any disputes arising out of the use of its domain name(s) requested by the Customer will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed http://www.nic.uk/ref/drs.html and for .com, .net and .org as well as .info, .biz and .name domains in accordance with the UDRP which can be accessed http://www.icann.org/udrp/udrp.htm which may impose restrictions on the termination or transfer of a domain name(s) with its current host during or pending the settlement of such a dispute. The Company agrees to act as mediator for the Customer.

17. Your Obligations

17.1 Only make use of the Services for a legitimate and lawful purpose.
17.2 Ensure that it complies at all times with all relevant laws and obligations including but not limited to any licence under the Act which is applicable to the Customer and all related laws in any territory in which the Customer is situated or in which the Customer's Website may be accessed or made available. The Customer must also obtain any relevant consents and approvals for the installation and use of the Equipment. The Company will have no liability under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such relevant laws or obligations or does not obtain such consents or approvals.
17.3 send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available.
make use of the Services to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming".
use the Services to obtain or offer or permit to be offered for profit or otherwise any material, images, displays or services which are erotic or pornographic including but not limited to any other material, images, displays or services which are offensive, illegal or immoral or which is in breach of any legal obligation.

18. Refunds Policy

18.1 All orders placed are final and provisioned for 12 months.
18.2 Once you have purchased a domain name, hosting plan, site builder or one of our design services, you do not have the option of a refund due to the nature of IT service provisioning and delivery.
18.3 It is upto you to inform yourself about our services as much as you need to as we are not liable for any mis-understandings.
18.4 All refund requests will be looked at individually and accessed accordingly bearing the above points in mind.

19. Website Builders

19.1 All website builder plan purchases are final and provisioned for 12 months.
19.2 It is your responsibility to populate your design template with page names, content (images and text) according to your own needs.
19.3 We are here to assist you with point 19.2 but we cannot do this for you, if we do then you will incur a service charge.

20. EACBS Company formation plans

20.1 If you have the option of a free domain name and basic website in your Company formation purchase at www.eacbs.com then please note the following:
20.2 .com domains need to be renewed annually.
20.3 .co.uk domains need to be renewed every two years.
20.4 Basic website hosting needs to be renewed annually.
20.5 All renewals will be charged at Looofa.com standard rates.