The definitions and rules of interpretation in this clause apply in these terms and conditions (The "Conditions").
AUP: The Acceptable Use Policy which governs the Customers' use of all Titan services, located at http://www.titaninternet.co.uk/terms_aup.cfm
Customer's Equipment: any equipment, systems, cabling or facilities provided by the Customer and used directly or indirectly in the supply of the Services.
Deliverables: all Documents, products and materials developed by Titan in relation to the Services in any form, including computer programs, data, reports and specifications (including drafts).
Document: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
Input Material: all Documents, information and materials provided by the Customer relating to the Services including, computer programs, data, reports and specifications.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Pre-existing Materials: all Documents, information and materials provided by Titan relating to the Services which existed prior to the commencement of this Agreement including computer programs, data, reports and specifications or any other existing materials.
Services: the services to be provided by Titan under this Agreement including the electronic transmission of information, graphics, sound and any other form of information transfer through Titan servers and lines of telecommunication internet services, hosting of internet servers, space on internet servers, hosting of virtual internet servers, website, domain names, electronic transfer of information, design, construction and work involved in the production of such and any other services and products supplied to the Customer and purchased from Titan, together with any other services which Titan provides or agrees to provide to the Customer from time to time.
SLA: Service Level Agreements which dictate the level of service Titan shall provide, located at http://www.titaninternet.co.uk/servers/dedicated/sla.cfm.
Titan's Equipment: any equipment, including tools, systems, cabling or facilities, provided by Titan or its subcontractors and used directly or indirectly in the supply of the Services which are not the subject of a separate Agreement between the parties under which title passes to the Customer.
VAT: value added tax chargeable under English law for the time being and any
similar additional tax.
Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.
A person includes a natural person, corporate or unincorporated body (whether or
not
having separate legal personality).
Words in the singular shall include the plural and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time
being, taking account of any amendment, extension, or re-enactment and includes any subordinate
legislation for the time being in force made under it.
A reference to writing or written includes faxes but not e-mail.
Any obligation in this Agreement on a person not to do something includes an obligation not to
agree,
allow, permit or acquiesce in that thing being done.
References to conditions and schedules are to the conditions and schedules of this Agreement.
2.1 |
These Conditions (including the AUP and any relevant SLA) shall prevail over any
inconsistent
terms or conditions contained, or referred to, in any purchase order, confirmation of order,
acceptance of a quotation or specification, or implied by law, trade custom, practice or
course
of dealing.
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2.2 |
The Customer's purchase order, or the Customer's acceptance of a quotation for Services by
Titan,
constitutes an offer by the Customer to purchase the Services specified in it on these
Conditions.
No offer placed by the Customer shall be accepted by the Titan other than:
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2.3 |
No changes to these Conditions shall be binding unless made with the prior written consent
of a
Director of Titan. Unless notified to the contrary, no agent of, or person employed by or
under
contract with Titan, has any authority to alter or vary these Conditions in any way.
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2.4 |
The Customer's standard terms and conditions (if any) attached to, enclosed with or referred
to in any purchase order or other Document shall not govern this Agreement.
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2.5 |
Quotations are given by Titan on the basis that no Agreement shall come into existence
except
in accordance with this condition 2. Any quotation is valid for a period of 30 days from its
date,
provided that Titan has not previously withdrawn it.
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2.6 |
Titan may alter these Conditions at any time - changes will be published on our website..
Your sole
remedy in the event that You do not agree to amendments made to the Conditions shall be
to serve 3 months written notice of contract termination without any right to damages or
service credit.
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2.7 | Unless otherwise expressly agreed, the Conditions apply to any future work the Customer provides to Titan. |
3.1 |
The Services supplied under this Agreement shall be provided by Titan to the Customer
from the date of acceptance by Titan of the Customer's offer in accordance with condition 2.
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3.2 | The Services supplied under this Agreement shall continue to be supplied for a period of 12 months (the "Initial Period") and, after that, shall continue to be supplied unless this Agreement is terminated by one of the parties giving to the other not less than 3 months' notice, unless this Agreement is terminated in accordance with condition 11 |
4.1 |
Titan shall use best endeavours to supply the Services, to the Customer.
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4.2 |
Titan shall use best endeavours to meet any agreed performance dates but any such dates
shall be estimates only and time shall not be of the essence of this Agreement.
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4.3 |
Titan will undertake planned service outages as required. Customers will be notified
of planned outages via the system status page on the website plus email. During
these planned outages Titan cannot guarantee availability of the Service.
Titan will give advance notice of no less than 7 (seven) days prior to the commencement of the downtime. Titan reserve the right to undertake planned outages at any time and without notice in order to resolve emergency service faults, however Titan will endeavour to provide notice of any planned outages that are necessary. |
4.4 | Titan shall insure all servers and associated equipment provided that the Customer acknowledges Titan does not maintain insurance cover against the risk of loss of software or data from servers. |
5.1 |
The Customer shall:
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5.2 |
If Titan's performance of its obligations under this Agreement is prevented or delayed by
any act or omission of the Customer, its agents, sub-contractors or employees, Titan shall
not be liable for any costs, charges or losses sustained or incurred by the Customer arising
directly or indirectly from such prevention or delay.
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5.3 |
The Customer shall be liable to pay to Titan all reasonable costs, charges or losses
sustained
or incurred by Titan arising directly from the Customer's fraud, negligence, failure to
perform
or delay in the performance of any of its obligations under this Agreement, subject to Titan
confirming such costs, charges and losses to the Customer in writing.
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5.4 |
Nothing in this Agreement excludes the liability of either party:
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5.5 |
If either party requests a change to the scope or execution of the Services, Titan shall,
within a reasonable time, provide a written estimate to the Customer of:
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5.6 |
If the Customer wishes Titan to proceed with the change, Titan has no obligation to
do so unless and until the parties have agreed in writing on the necessary variations
to its charges, the Project Plan and any other relevant terms of this Agreement to take
account of the change.
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5.7 |
Titan may charge for its time spent in assessing a request for change from the Customer
on a time and materials basis in accordance with condition 6.
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5.8 |
Titan may, from time to time and without notice, change the Services in order to comply
with any applicable safety or statutory requirements. If Titan requests a change to the
scope of the Services for any other reason, the Customer shall not unreasonably withhold
or delay consent to it.
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6.1 |
Condition 6.2 shall apply if Titan provides the Services on a time and materials basis.
Condition 6.3 shall apply if the Titan provides the Services for a fixed price. The
remainder
of this condition 6 shall apply in either case.
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6.2 |
Where the Services are provided on a time and materials basis:
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6.3 |
Where the Services are provided for a fixed price, the total price for the Services shall be
the amount set out in the Sales Order. The total price shall be paid to Titan
(without deduction or set-off) in instalments, as set out in the Sales Order, Titan shall
invoice the Customer on commencement of the services for the charges that are then payable,
together with expenses (agreed in advance), the costs of materials and VAT, where
appropriate.
Any fixed price and daily rate contained in the Sales Order excludes:
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6.4 |
The Customer shall pay each invoice submitted to it by Titan, in full and in cleared funds, within 30 days of receipt. If no payment is made within terms the service will automatically lapse for 21 days before being fully cancelled and removed from out systems.
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6.5 |
Without prejudice to any other right or remedy that it may have, if the Customer fails to
pay
Titan on the due date, Titan may:
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6.6 |
Time for payment shall be of the essence of this Agreement.
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6.7 |
All sums payable to Titan under this Agreement shall become due immediately on its
termination,
despite any other provision. This condition is without prejudice to any right to claim for
interest under the law, or any such right under this Agreement.
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6.8 |
Titan may, without prejudice to any other rights it may have, set off any liability of the
Customer to Titan against any liability of Titan to the Customer.
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7.1 |
As between the Customer and Titan, all Intellectual Property Rights and all other rights
in the Deliverables and the Pre-existing Materials shall be owned by Titan.
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7.2 |
The Customer acknowledges that, where Titan does not own any Pre-existing Materials,
the Customer's use of rights in Pre-existing Materials is conditional on Titan obtaining
a written licence (or sub-licence) from the relevant licensor or licensors on such terms
as will entitle Titan to license such rights to the Customer.
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7.3 |
All Intellectual Property Rights in the Deliverables or any other works arising in
connection with the performance of the Services by Titan shall be the property of
Titan, and Titan hereby grants to the Customer a non-exclusive licence to such
Intellectual Property Rights for the purposes only of using the Services.
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7.4 |
This licence will not extend to:
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7.5 |
If this Agreement is terminated, this licence will automatically terminate.
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7.6 |
Titan shall indemnify the Customer against all damages, losses and expenses arising as a
result
of any successful action for infringement of the Intellectual Property Rights of a third
party
brought in respect of the Pre-existing Material or the Deliverables provided that such
infringement
is in no way attributable to the IPR contained in the Input Materials.
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7.7 |
The indemnity in clause 7.6 is subject to the following conditions:
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7.8 |
The Customer shall indemnify Titan against all damages, losses and expenses arising as the
result of
any successful action for infringement of the Intellectual Property Rights of a third party
in the
Input Materials.
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7.9 |
The indemnity in clause 7.7 is subject to the following conditions:
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8.1 |
Both parties shall keep in strict confidence all technical or commercial know-how,
specifications, inventions, processes or initiatives which are of a confidential nature
and have been disclosed to it by the other, its employees, agents or sub-contractors and
any other confidential information concerning its business or its products which the other
party may obtain (“Confidential Material”). Both parties shall restrict disclosure of such
Confidential Material to such of its employees, agents or sub-contractors as need to know
the same for the purpose of discharging the party’s obligations under this Agreement, and
shall ensure that such employees, agents or sub-contractors are subject to obligations of
confidentiality corresponding to those which bind the parties.
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8.2 |
All materials, equipment and tools, drawings, specifications and data supplied by Titan to
the Customer (including Pre-existing Materials and Titan's Equipment) shall, at all times,
be and remain the exclusive property of Titan, but shall be held by the Customer in safe
custody at its own risk and maintained and kept in good condition by the Customer until
returned to Titan, and shall not be disposed of or used other than in accordance with
Titan's written instructions or authorisation.
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8.3 | This condition 8 shall survive termination of this Agreement, however arising. |
YOUR ATTENTION IS DRAWN SPECIFICALLY TO THE LIMITATIONS TO LIABILITY IN THIS CLAUSE 9
9.1 |
This condition 9 sets out the entire financial liability of Titan (including any liability
for the acts or omissions of its employees, agents and sub-contractors) to the Customer
in respect of:
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9.2 |
All warranties, conditions and other terms implied by statute or common law are, to the
fullest extent permitted by law, excluded from this Agreement.
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9.3 |
Nothing in these Conditions limits or excludes the liability of Titan:
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9.4 |
Subject to condition 9.2 and condition 9.3 Titan shall not be liable for:
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10.1 |
The Customer acknowledges and agrees that details of the Customer's name, address and
payment record may be submitted to a credit reference agency.
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10.2 | If The Customer require Titan to process information about any person that is defined by the Data Protection Act 1998 (as amended from time to time) (“DPA”) as personal data, Titan will do as a data processor (as defined in the DPA). You shall remain the data controller (as defined in DPA) for the purposes of such processing. |
11.1 |
Without prejudice to any other rights or remedies which the parties may have, either
party may terminate this Agreement without liability to the other on giving the
other not less than three months written notice after the Initial Period; or immediately on
giving notice to
the other if:
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11.2 |
On termination of this Agreement for any reason:
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12.1 | Titan shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Titan or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Titan or sub-contractors. |
13.1 | No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties. |
14.1 |
A waiver of any right under this Agreement is only effective if it is in writing and it
applies
only to the party to whom the waiver is addressed and the circumstances for which it is
given.
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14.2 | Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law. |
15.1 |
If any provision (or part of a provision) of this Agreement is found by any court or
administrative body of competent jurisdiction to be invalid, unenforceable or illegal,
the other provisions will remain in force.
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15.2 |
If any invalid, unenforceable or illegal provision would be valid, enforceable
or legal if some part of it were deleted, that provision will apply with whatever
modification is necessary to make it valid, enforceable and legal.
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15.3 | The parties agree, in the circumstances referred to in condition 15.1 and if condition 15.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. |
16.1 | Each of the parties acknowledges and agrees that, in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement. |
17.1 |
The Customer shall not, without the prior written consent of Titan, assign, transfer,
charge, sub-contract or deal in any other manner with all or any of its rights or
obligations under this Agreement.
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17.2 | Titan may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. |
18.1 | Unless expressly stated othersie nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). |
19.1 | This Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else. |
20.1 |
A notice given under this agreement:
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20.2 |
The addresses for the service of notice are:
Lister Pavilion Kelvin Campus West of Scotland Science park G20 0SP |
21.1 | All media release, public announcements and public disclosures by either party relating to this agreement or its subject matter, including promotional or marketing material, shall be co-ordinated with the other party and approved jointly by the parties in writing prior to release. |
22.1 |
This Agreement and any dispute or claim arising out of or in connection with it
or its subject matter, shall be governed by, and construed in accordance with,
the law of England and Wales.
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22.2 |
The parties irrevocably agree that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim that arises out of or in
connection with this Agreement or its subject matter.
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22.3 |
This Agreement has been entered into on the date stated at the beginning of it.
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22.4 | For the purposes of interpretation of the Terms and Conditions, our operating jurisdiction is England and the time zone is GMT. The operating language is English. |
23.1 |
Titan acts as an agent and reseller for different Registrars and Domain name sellers
& as your agent when purchasing domain names. The contract for domain name registration
is between you and the naming authority. Your use of a domain name, once registered,
may be challenged by a third party; if so, the Uniform Domain Name Dispute Resolution
Policy (the "UDRP") or other as amended from time to time and provided by the Registrar
responsible shall apply to all registrations or renewals. An example of such is ICANN’s
UDRP available at http://www.icann.org/udrp/udrp.htm Registrant explicitly authorizes Titan Internet to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. |
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23.2 |
We do not warrant or guarantee that the domain name applied for will be registered in your
name or is capable of being registered by You. Accordingly, You should take no action in
respect of your requested domain name(s) until You have been notified that your requested
domain name has been registered.
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23.3 |
The registration of the domain name and its ongoing use is subject to the relevant naming
authority's terms and conditions of use and You are responsible for ensuring that You are
aware of those terms and conditions and can and do comply with them. You irrevocably waive
any claims You may have against Titan in respect of the decision of a naming authority to
refuse to register a domain name and, without limitation agree that the administration
charge paid by You to Titan shall be non-refundable in any event.
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23.4 |
We accept no responsibility in respect of the use of a domain name by You and any dispute
between You and any other individual or organisation regarding a domain name must be
resolved
between the parties concerned and we will take no part in any such dispute. We reserve the
right, on our becoming aware of such a dispute, at our sole discretion and without giving
any reason, to either suspend or cancel the domain name, and/or to make appropriate
representations to the relevant naming authority. You warrant and undertake that to the
best of your knowledge and belief neither the registration of the domain name nor the
manner in which it is directly or indirectly used by You or and any licensee directly or
indirectly infringes the legal rights of a third party.
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23.5 |
You are solely responsible for providing Titan with accurate and up-to-date contact
information and we shall not accept any responsibility for any cancellation or refusal
to renew a domain name by the relevant naming authority due to any failure to provide
such information. Any changes made by You to your details in any manner whatsoever are
your own responsibility. Whilst we will make every effort to remind you when a renewal
of a registration is required We are not responsible for the renewals of any domain name
registration and You should make your own arrangements for reminding yourself when any
name is due for renewal. Renewal reminders will be sent 59 days, 35 days, 20 days and 4 days prior to renewal and the day after expiry. |
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23.6 | .UK - pre-ordersThe terms of service stated below are relevant to all new and existing customers. All .uk pre registrations/orders will be on a first come first serve basis. We are unable to accept multiple pre registrations on the same domain name either from the same customer or multiple customers. All .uk pre registrations will only be offered to individuals with the following conditions; Customers that want to pre-register a .uk domain extension must be over 18 years of age. Customers that want to pre register a .uk domain extension must have a registered address in the United Kingdom, Customers located outside of the United Kingdom must provide a valid United Kingdom address at the time of registration and acknowledge that PO BOX addresses will not be accepted. Domains registered before 23.59hrs on 28th October 2013 have rights to the equivalent .uk domain. The reserved equivalent .uk domain can be registered at any point during the 5 years as long as the existing rights domain continues to be registered. Order of rights for the equivalent .uk domain;
If no equivalent .uk domain exists (.co.uk | .org.uk | .me.uk |.ltd.uk | .plc.uk |.net.uk) in the .uk namespace before 28th October 2013 then registering a .co.uk domain before 10th June 2014 will give customers first rights to register the equivalent .uk domain when it launches. Customers who cancel or transfer existing .uk domain names before a successful pre registration/order will not be entitled to a refund. All .uk domain pre registrations are governed by the following Nominet terms and
conditions: We do not accept responsibility for incorrectly spelled domain names. All .uk pre registrations will be charged at the advertised price at the time of purchase. If your registration is unsuccessful on the date of launch - we will give you a full refund - minus a £5 administration charge. We will refund you within 10 working days from the launch date. Pre registering .uk domain extensions will result in an invoice being generated and sent immediately and that the new .uk domain will not be available until 10th June 2014. We do not accept any responsibility for unsuccessful registrations. Customers are aware the launch date of 10th June is out with the control of Titan Internet and is subject to change. The Pre-registration/order service will not be available after the launch date. All .uk pre registrations are subject to our general terms.
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23.7 | The Pre-registration (pre-order) of new generic top level domain names (nGTLDS)This term relates to the pre-ordering of gTLD's on titaninternet.co.uk
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23.8 |
.london Priority Period Rules orders placed prior to 31st July 20141) .london domains applied for during the priority period will be allocated in the following order: a) Trademark Sunrise applications will come first – must be registered at the Trademark Clearinghouse b) Then will come those with a London presence who can demonstrate rights to a name (e.g. it matches their business name). c) Next will come applications from Londoners for any name 2) At the end of London Priority Period, if there is more than one applicant in the same priority ranking, those applicants will be invited to participate in an auction for the applied-for domain name. The auction will then take the form of a private and closed auction via an online platform. Auctions should run for several weeks from the end of August. 3).London validator will contact applicants when there is more than one applicant for a domain. Applicants will be contacted by email, where they will have to log into an online validation system 4) Domains will be allocated after the priority phase closes on 31st July 2014. During August, names where there was only one applicant will be released for registration to that applicant, it should normally be allocated during August 2014. 5) Once a domain name has been allocated, then it can be used to make a website live. Domain names registered after 9th September 2014 can be used immediately. 6) Should registration NOT be successful we will refund your fee minus a £10.00 administration charge. 7) Whilst the .london registry are still processing applications, domains may still show as available on Registrar websites. However, all applications during the London Period will take priority. |
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23.9 |
General .scot domain names terms and conditionsAnyone registering in the priority period, pre-ordering (pre-reg) or applying for a .scot domain name on or after General Availability are bound by the general terms and conditions of the .scot registry – for information on these terms please click here (link to PDF) http://dotscot.net/wp-content/uploads/2014/07/dotSCOT_General_Registration_Policy.pdf Pre-order of .scot domain names terms and conditions Any pre-registration (none priority period applications) for the .scot domain name are bound by the same terms and conditions for other new gTLD domain names - please click here Priority period applications - .scot domain names terms and conditions The following terms relate to customers who have applied for .scot domain names during the Priority periods (July to September 2014). 1) Priority 2 – Public Interest Limited Registration Period 15th July 2014 – 14:00 GMT (13:00 UTC) 19th September 2014 For legal entities with a specific role in the promotion of the worldwide Scottish community including public authorities in Scotland. Entities eligible for this category may register;
Public Authorities may also register;
Registrants must supply proof that they are part of certain public directories which makes them eligible for registering the domain name. Applications in this priority period will be validated by the .scot registry and will be checked against a list of publicly available resources which will be provided by .scot. (We do not have this info from .scot yet) Registrants must supply;
Contention for the same domain applied for by more than 1 party in this phase will be resolved on a first come first served basis. 2) Priority 3 – Limited Registration Period for Local Trademarks (non TMCH)) 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014 This category is for non TMCH validated trademarks with effect in Scotland applied on or before 13th June 2012 and granted on or before 23rd January 2014 and in force at time of registration of the domain name. For this launch local trademarks refers to;
Registrants must supply;
Applications in this priority period will be validated by the .scot registry and CORE Association as an agent of the registry. Applications will be individually verified with the aid of the IPO search tool available online: http://www.ipo.gov.uk/types/tm/t-os/t-find.htm This database contains all three types of Local Trademarks eligible under this program i.e. British Trademarks, EU Community Trademarks and WIPO International Trademarks in force in the UK. If a trademark holder has registered with the TMCH they will have priority over the domain even if it is for example a US trademark. Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process. 3) Priority 4 – Other Rights Limited Registration Period 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014 This phase allows registrants that are legal entities, not individuals, with its legal seat in Scotland able to buy certain domains;
Registrants must supply;
Applications in this priority period will be validated by the .scot registry and CORE Association as an agent of the registry. Applications will be individually checked against online resource provided by Companies House Register, the official UK government register of UK companies; http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process. 4) No Priority Landrush 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014 For registrants who do not fit into one of the above categories but still want to purchase a .scot domain before the general availability launch on 23rd September 2014 Registrants must supply;
Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process.
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23.11 |
Additional Terms and Restrictions for .Diet, .HipHop and .Juegos1. For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures. 2. For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder further agrees that if it collects or maintains sensitive health and financial data that it will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. | |
23.12 |
Free Email Hosting - Promotion from 24th June 20141) A “new GTLD Domain” is a domain extension that has been launched after 5th February 2014 (excluding .UK) as listed here. 2) For example, this includes new domain extensions such as .expert, .guru, .xyz, .club, etc. It does not include traditional extensions such as .com, .co.uk, .uk, etc. 3) The free mailbox can only be used on the new gTLD range of extensions 4) The free mailbox is for the Starter package only 5) The free mailbox is for 1 year only and will revert to full pricing after 12 months 6) The free mailbox can only be applied to the new GTLD entered by you "the customer" 7) This offer only applies to new sales and cannot be used on a renewal 8) This is not available with any other offer 9) There is no cash alternative 10) This offer is only applicable to domains purchased after 23rd June 2014 11) We have the right to withdraw this offer at any time
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23.13 |
General Availability Domain Launch Offer1)The discount offered is for the period advertised only 2) The discount will be applied in the basket and will be for the advertised extension only 3) Pricing will restore to normal after the initial purchase period 4) If you are unsuccessful in the domain registration the payment charged will be refunded not the advertised amount 5) This is not available with any other offer 6) This offer is for new domain registrations only and not renewals 7) There is no cash alternative 8) This offer is subject to our general terms 9) We have the right to remove the offer at any time
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23.14 | 70% off .me domain names70% off .me domain offer is available to both new and existing customers Discount will be applied at the basket stage Discount offer only applies to new purchases Discount applies to the first (1st) year domain registration only, any subsequent years will be charged at a standard price There are no limits to the number of domain names any individual customer can buy as part of the offer Offer is not valid on renewals and transfers Following the conclusion of the promotional offer the domain names will be charged at the standard renewal rate Customer may not use this promotion in conjunction with any other promotion offered by Titan Internet We reserve right to end this offer without notice
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23.15 | UniregistryPlease be aware that by registering a Uniregistry domain name, you must agree to the registries acceptable use policy, the full policy can be found here; https://uniregistry.link/bin/pdf/Acceptable_Use_Policy_and_Terms_of_Service.pdf
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23.16 |
60% off .pics domain names - ends 31st March 2015
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23.17 |
60% off .photo domain names - ends 31st March 2015
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23.18 |
35% off .website domain names - ends 31st March 2015
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23.19 |
20% off .club domain names
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23.20 |
25% off .co.com domain names - ends 31st May 2015
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23.21 |
80% off .science domain names - ends 23rd May 2015
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23.22 |
75% off .xxx domain names - ends 30th April 2015
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23.23 |
25% off .uk.com and .uk.net domain names - ends 31st May 2015
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23.24 |
60% off .london domain names - ends 31st August 2015
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23.25 |
57% off .tech domain names - ends 5th October 2015
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23.26 | Rightside RegistryPlease be aware that by registering a Rightside Registry domain name, you must agree to the registries terms and conditions, the full policy can be found here; http://rightside.co/fileadmin/downloads/policies/Rightside_Registration_Terms.pdf |
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23.27 | AfiliasPlease be aware that by registering an Afilias domain name, you must agree to the registries terms and conditions, the registry policies can be found here; http://afilias.info/policies |
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23.28 | .law and .abogado Domain RegistrationsIn order to be eligible to register (and continue to be a registrant of) a .law and/or a .abogado TLD, the registrant must be a Qualified Lawyer. For the purposes of this Eligibility Policy, a Qualified Lawyer is a professional who is licensed to practice law by an approved regulator of legal services in a given jurisdiction. A Qualified Lawyer must be identifiable as a currently licensed practitioner in the public records kept by the relevant approved regulator. The registry will engage an independent third party (the Validation Company) to carry out the verification of applicants against the Eligibility Criteria in this Eligibility Policy. The registry reserves the right for the Validation Company to contact applicants in order to request any further information or supporting documentation that it deems necessary to satisfy itself as to whether or not an applicant meets the requirements of this Eligibility Policy. Validation may occur for each registration year. Registration fees are non-refundable after 5 days of application regardless of the outcome of verification by the registry. Please note that verification may take longer than 5 days in which case, registration fees are still non-refundable. If rejection or cancellation occurs within the first 5 days of application an application fee of £15 +VAT per year per order is still non-refundable. Certain names may be reserved or considered premium names. |
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23.29 | 75% off .gb.net domain names - ends 4th January 2016
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23.30 | 60% off .co domain names - ends 30th April 2016
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23.31 | 70% off .rocks domain names - ends 30th June 2016
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23.32 | 60% off .social domain names - ends 30th June 2016
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23.33 | 50% off .live domain names - ends 30th June 2016
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23.34 |
75% off .sex .adult .porn and .xxx domain names - ends 31st May 2016
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23.35 |
30% off .eu domain names - ends 27th September 2017
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23.36 |
80% off .ltd .company .email and .solutions domain names until 30th September 2017
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23.37 |
75% off .photography domain names until 30th September 2017
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23.38 |
57% off .gallery domain names until 30th September 2017
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23.39 |
70% off .london domain names
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23.40 |
70% off .scot domain names - ends 28th February 2018
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23.41 |
70% off .org domain names - ends 31st January 2018
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23.42 |
55% off .me domain names - ends 31st December 2018
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23.43 | 60% off .eu domain names - ends 31st December 2018
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23.44 | 75% off .link domain names - ends 31st March 2018
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23.45 | 60% off .help domain names - ends 31st March 2018
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23.46 | 50% off .gift domain names - ends 31st March 2018
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23.47 | 50% off .photo domain names - ends 31st March 2018
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23.48 | 60% off .click domain names - ends 31st March 2018
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25. GENERAL DATA PROTECTION CONTRACTUAL ADDENDUMThis 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 Titan Internet Limited (registered in England under company number 03405586) trading as Titan Internet (“Titan Internet”) 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 PROCESSING1.1 For the purposes of this Agreement the following defined terms shall have the following meanings: “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, Titan Internet 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 Titan Internet only provides colocation services under the Agreement Titan Internet will not be a Processor; and 1.3.2 where personal data is not accessible to Titan Internet it shall not be a Processor, and therefore, in either case, the obligations of clause 1.7 shall not apply to Titan Internet. 1.4 The Controller represents and warrants to Titan Internet 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 Titan Internet’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 Titan Internet and the Controller covenants that it shall notify Titan Internet in writing if there are any material changes to these consents or to the personal data that Titan Internet processes under this Agreement; and 1.4.4 it is not aware of any circumstances likely to, and will not instruct Titan Internet 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 Titan Internet’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 Titan Internet to Controller. 1.7 Where Titan Internet processes personal data on behalf of Controller, with respect to such processing, Titan Internet 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 Titan Internet 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 Titan Internet and Controller (including agreement on any fees payable by Controller to Titan Internet 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 Titan Internet’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 Titan Internet 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 Titan Internet 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 Titan Internet; and (b) remain fully liable to Controller for all acts and omissions of the third party, and all sub-processors engaged by Titan Internet 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) Titan Internet 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) Titan Internet’s data processing activities to enable Controller to verify and/or procure that Titan Internet is complying with its obligations under clause 1.2. Controller shall ensure that its adheres to any applicable Titan Internet 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 Titan Internet 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 Titan Internet by it. Notwithstanding the foregoing, Titan Internet is expressly permitted to and instructed by Controller that it may transfer personal data to any Titan Internet subsidiary and any Titan Internet 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 Titan Internet 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 Titan Internet (except to the extent this is not reasonably technically possible or prohibited by law). 2 INDEMNITY2.1 Controller shall indemnify and hold harmless on demand Titan Internet 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 Titan Internet 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) Titan Internet and Controller incur joint and several liability (as Controller and Processor with any other person) and, as such, Titan Internet 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 Titan Internet on demand against all such Losses, save for such liability as corresponds directly to Titan Internet’s part of the responsibility for the damage caused by Titan Internet’s breach of the obligations of Data Protection Law or under this Agreement. 3 LIMITATION OF LIABILITY3.1 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, Titan Internet 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, Titan Internet’ 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 Titan Internet under the relevant Agreement in the Initial Term; or 3.3.2 the total Charges paid or payable by the Controller to Titan Internet under the relevant Agreement in the contract year concerned. 4 GOVERNING LAW AND JURISDICTIONThis 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. |
By registering a domain name you enter into a contract of registration through our registrars
Easyspace Ltd or OpenSRS you can find their terms and conditions here;
For Easyspace Ltd:
https://www.easyspace.com/terms-and-conditions/domains
For OpenSRS terms and conditions visit:
https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html
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@titaninternet.co.uk 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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