Customers purchasing new domains should also read, understand and accept the relevant terms and conditions for domain names:
.co.uk, .org.uk, .ltd.uk, .net.uk, .plc.uk, .com, .net, .org, .uk.com.
CUSTOMER AGREEMENT By and between Dreamsight Ltd., a UK Limited company ("Dreamsight"), and the purchaser ("Customer").
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
A. "Plans" means proposals for offering various services to be provided by Dreamsight. "Plans" does not include the use of Dreamsight’ trademark.
B. “Dreamsight” means Dreamsight Ltd.
C. "Customer" means an end user who is utilising a Service provided by Dreamsight. Any use of Dreamsight’ Service or payment made for such Service constitutes acceptance of these terms and conditions.
D. “Input Copy” means information provided by the Customer relating to the Service.
E. “Output Copy” means any documents or Copy, and any data or other information provided by Dreamsight relating to the Service.
F. “Service” means the service to be provided by Dreamsight for the Customer.
A. All prices for Plans provided by Dreamsight to Customer are UK pounds Sterling, unless stated otherwise.
B. Customer shall be responsible for paying all taxes, which become due with regard to Dreamsight services.
3. ORDER/RENEWAL ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Dreamsight. An order will be deemed accepted by Dreamsight when confirmation of the order is sent to Customer. Dreamsight may refuse to accept any order or renewal, or delay acceptance pending fulfilment of conditions Dreamsight may choose to impose. Such refusal or such conditions may not be unreasonable, however, and Dreamsight agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order or renewal.
B. While Dreamsight shall make every effort to ensure successful registration of an Internet domain name on behalf of customer; Dreamsight cannot guarantee the availability or successful registration of any domain name or acceptance of domain name registration by the relevant domain registry. Dreamsight shall not be liable for any direct, indirect or consequential loss, damage, cost or expense arising from a failure to register a domain name registration.
C. Dreamsight reserve the right to refuse an application for Internet domain name, web hosting account, or other service provided by Dreamsight if Dreamsight consider such application could result in Dreamsight’ involvement in legal and/or other proceedings.
D. Payment and Terms: Payment shall be made in UK pounds Sterling to Dreamsight into the account designated by Dreamsight, or as may otherwise be agreed in writing by the parties. Payments are due upon account activation and renewal. If due to bank charges, transfer fees, or the like, Dreamsight should receive less than its invoice amount, Dreamsight will re-invoice Customer for the shortfall. In the event that any amount remains unpaid fourteen (14) days after date of renewal or new order invoice, Dreamsight may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom unpaid amounts relate.
If payment is not made on the due date or within an acceptable time frame usually 7 days, Dreamsight shall be entitled, without limiting other rights it may have, to charge statutory interest on the outstanding amount (both before and after or without any judgement) plus the base rate of the Bank of England from the due date until the outstanding amount is paid in full.
E. Data transfer overage invoices are due on presentation. Dreamsight reserve the right to withhold or suspend services to any Customer and/or its customer(s) to which unpaid data transfer overage amounts relate. Dreamsight reserve the right to suspend without notice any account that exceeds twice the transfer allowance for that plan without prior arrangement from customer.
4. RULES AND REGULATIONS Dreamsight may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.
5. LIMITATION OF Dreamsight’ OBLIGATIONS AND LIABILITY
A. Dreamsight may discontinue servicing any Plan, or may require fulfilment of conditions Dreamsight may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and Dreamsight agrees to provide Customer with reasonable notice via Email or fax of any such intent to discontinue or impose conditions.
B. Dreamsight’ liability to Customer and any end user of any Plan or other Dreamsight services is limited to the amount paid to and received by Dreamsight for such services. In no event shall Dreamsight be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Dreamsight has been advised of the possibility of such damage.
6. PROPERTY RIGHTS
Dreamsight owns all right, title and interest in Dreamsight’ trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use Dreamsight’ trade names or service marks. The property and any copyright or other intellectual property rights in any Input Copy shall belong to the Customer and in any Output Copy shall belong to Dreamsight, subject only to the right of the Customer to use the Output Copy for the purposes of utilising the Service. The Customer warrants that any Input Copy and its use by Dreamsight for the purpose of providing the Service will not infringe the copyright or other rights of any third party, and the Customer shall indemnify Dreamsight against any loss, damages, costs, expenses or other claims arising from any such infringement.
Customer acknowledges that by reason of its relationship with Dreamsight hereunder, it may have access to certain information and materials relating to Dreamsight' business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to Dreamsight, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way neither for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Dreamsight.
8. RELATIONSHIP OF THE PARTIES
The relationship between Dreamsight and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Dreamsight, or in any other way legally bind Dreamsight in any fashion, nor shall Customer be authorised to make any representations about Dreamsight or its services other than to set forth Dreamsight' responsibilities as outlined in this agreement.
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute that cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 8 shall be subject to arbitration upon written demand of either party.
10. TERM, TERMINATION:
This agreement shall run in accordance with the term of the initial order. It shall be automatically renewed on a regular basis in accordance with the term of the initial order or subsequent change to that term.
Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Dreamsight, which consent shall not be unreasonably refused.
12. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Dreamsight and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
13. NOTICES Except with respect to service of process as set forth in paragraph 12, all notices may be sent by email, fax, or mail to the email address, fax number, or address most recently provided and will be effective upon transmission.
14. ENTIRE AGREEMENT; MODIFICATIONS This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Dreamsight may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilisation of Dreamsight services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.
15. CONTENT LIABILITY
The Customer will be totally responsible for ensuring the legality of the site, including but not limited to, issues of copyright, accuracy of statements and appropriate suitability of use. Any legal infringements howsoever caused, will be the liability of the Customer, not Dreamsight.
16. DESIGN SERVICE ADDITIONAL TERMS
16a. OBLIGATIONS OF CUSTOMER
The Customer agrees to prominently display "Designed by Dreamsight Ltd" with hyperlink to Dreamsight home page to load to an additional browser window.
16b. CONTENT LIABILITY
The Customer will be totally responsible for ensuring the legality of the site designed/built by Dreamsight, including but not limited to, issues of copyright, accuracy of statements and appropriate suitability of use. Any legal infringements howsoever caused, will be the liability of the Customer, not Dreamsight.
17. STATUTORY RIGHTS
This does not affect your statutory rights as a consumer.