Terms And Conditions

These Terms of Service together with the Acceptable Use Policy form the Agreement between You and Us.

By signing up for the Services you warrant that you are capable of entering into a binding contract; or are acting with the express permission of a person or organisation and that they also agree to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

1. Definitions

"Acceptable Use Policy" means the JTN policy which forms part of this Agreement and governs your use of the Services.

"Agreement" means the agreement between You and Us for the provision of the Services, which is made up of these Terms of Service together with the Acceptable Use Policy.

“Domain Services” means those domain registration and other related services (if any) provided to You by JTN.

"Order" means a request made by a customer for Services to be supplied pursuant to the terms of this Agreement.

“Registration Period” is a period of time defined in clause 3.

"Services" means the services and or products to be provided by JTN.

"JTN" or “we” or “us” means Just-the-name, the trading name of Plusnet plc, registered in England and Wales under company number 03279013 with registered offices at Plusnet plc, 2 Pinfold Street, The Balance, Sheffield, S1 2GU United Kingdom.

"You" means the person or company who purchases services from JTN.

2. Commencement of this Agreement

2.1. The Agreement between You and Us will only commence when we provide You with written confirmation that your Order has been accepted. For the avoidance of doubt, written confirmation shall be deemed to include e-mail confirmation.

2.2. We agree to supply the Services to You in accordance with the terms set out in our Agreement and any terms which may be applicable to the Services, as set out in Annex 1.

3. Duration and Renewal of Services

Unless otherwise specified, the Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for a period equal to the original billing period (“Registration Period”) You chose on sign up.

4. Cancellation

4.1. If You have purchased the Services as a consumer then, under EU law, You have the right to cancel the Agreement within 14 days of [the date that our Agreement is formed with You at no additional cost. However, please note that this right does not apply if You have already given consent for Us to commence the provision of the Services within this 14 day period. By clicking the ‘Order’ button You are giving Your consent for Us to provide the Services as soon as our Agreement is formed, so Your right of early termination will not apply at this point.

4.2. If You wish to cancel Your order before our Agreement with you is formed, then please do this by contacting JTN using hotstmaster@just-the-name.co.uk.

4.3. For the avoidance of doubt, if You use the Services in the course of business, You will not be treated as a consumer and statutory consumer protection will not apply to this Agreement.

4.4. Outside of the 14 day period, you can stop the renewal of the Services you have purchased by contacting JTN on hostmaster@just-the-name.co.uk. Your request to stop a renewal of the Services will be actioned at the end of the then-current billing period. Once we accept your renewal cancellation request You will be provided with written confirmation of this. Renewal cancellations will not be deemed to have been received and accepted until we have issued JTN’s written confirmation to You.

4.5. We reserve the right to cancel and/or suspend the Services at any time without prior notice if You breach any of the terms of our Agreement.

5. Registration of Domain Name(s)

5.1. JTN does not accept responsibility, and does not make any warranty that the domain name(s) requested by You will be accepted for registration in the register of the naming organisation. JTN will not be liable for any costs You incurred if the application for registration is unsuccessful. JTN 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 You.

5.2. Once we fulfil your domain order we shall notify you of the successful registration of the domain name(s). We will host your domain name(s) for the initial pre-paid registration/billing periods and for all future registration/billing periods. Unless terminated at the end of each registration period your domain name will automatically renew for an additional registration period and you further authorise JTN to debit your account for the renewal fees associated with such renewal registration period and any related fees or charges. Your account will be automatically charged at the beginning of each registration/billing cycle, for the entire cycle.

5.3. You acknowledge that any disputes arising out of the use of the domain name(s) requested by You will be resolved for .uk domains in accordance with the Nominet UK Dispute Resolution Service which can be accessed at 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 accesses at http://www.ican.org/udrp.html which may impose restrictions on the termination or transfer of the domain name(s) with its current host during or pending during the settlement of such a dispute.

5.4. You agree and accept that for reasons of security JTN will apply a transfer lock to protect the transfer of a domain name. You will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain which has been applied for by third parties.

6. Refunds

6.1. All fees are payable in advance and are non-refundable.

6.2. If we choose to cancel the Services we provide to You for any reason other than a breach of the terms of this Agreement by You, we will refund You on a pro rata basis.

6.3. In the event that Services are suspended temporarily or that any features, applications, scripts or programs are deactivated in order to ensure the stable operation and integrity of the Services You will not be entitled to a refund.

7. Payments

7.1. Payment in respect of the Services is on demand.

7.2. If the Services are renewed at the end of our Registration Period, will automatically generate an invoice in respect of the next Registration Period unless the Services have been cancelled in accordance with clause 4 above. All invoices are delivered electronically via e-mail. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.

7.3. Payment will be taken automatically following delivery of your invoice and, subject to clause 6 above, will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.

7.4. We reserve the right to change the prices and/or nature of the Services by giving You 30 days’ written notice of those changes. Notice of changes to prices and/or Services will be given by email to the email address we hold for your account. Any price change will take effect automatically upon a renewal of the Agreement at the commencement of your next Registration Period.

7.5. All payments must be made in UK pounds sterling, inclusive of applicable taxes. Payments can only be made by a valid Credit/Debit Card, or Direct Debit.

7.6. You warrant that You are authorised to use your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. You agree to indemnify and hold JTN harmless in the event that the cardholder or issuer declines any payments to JTN including all of JTN’s costs in administering your non-payment and obtaining the payment due to JTN by You.

7.7. We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to JTN under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by JTN in taking steps to recover any sums due by You.

7.8. You are required to provide JTN with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.

7.9. If your chosen payment method is cancelled or changed for any reason then You must notify JTN immediately and provide JTN with details of an alternative payment method.

7.10. Payments processed by third parties are also subject to those third parties' terms and conditions of service and we make no representations and provide no warranties with respect to those third party services.

7.11. You shall not be entitled to set off a credit against any amount owed to JTN pursuant to the Agreement.

7.12. If You fail to pay all sums due to Us, we reserve the right to interrupt, suspend or cancel your Services. Such action is without prejudice to JTN’s right to recover any and all outstanding sums from You and your obligation to pay the same to Us.

7.13. We reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of JTN’s costs from You.

8. Chargebacks

If You withdraw any payments made via a bank, credit card or third party payment method (a "chargeback"), we reserve the right to interrupt, suspend or cancel your Services and/or charge a fee. Such action is without prejudice to JTN’s right to recover any and all outstanding sums from You and your obligation to pay the same to Us.

9. Appropriate use of the Services

9.1. We reserve the right to refuse to provide any and all Services or access to JTN’s servers at any time if we reasonably believe that you are, or may be, in breach of Agreement or our Acceptable Use Policy.

9.2. We shall notify You if we become aware of any alleged breach by You of, of our Agreement or our Acceptable Use Policy.

9.3. You shall indemnify JTN against all damages, losses and expenses arising as a result of any action or claim relating to any breach of this Agreement by You.

9.4. In the event that we suspend all or any Services and later reinstate such content and/or resumes the Services, You shall indemnify JTN against all damages, losses and expenses arising as a result of any action or claim arising out of your breach of the Acceptable Use Policy.

9.5. JTN reserves the right to charge an admin fee of £15 for any domains that can be reinstated after they have been deactivated by either the central registrar or the JTN system.

10. Scheduled maintenance

10.1. We will provide the Services to You using reasonable skill and care but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. We will use all reasonable endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. We will not be liable to You or any third party for any losses whatsoever caused by any such downtime; whether emergency or scheduled.

10.2. We reserve the right to deactivate individual features, applications, scripts or programs as necessary in the interests of technical progress, security, to ensure the stable operation and integrity of JTN’s systems.

10.3. We shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function of the Services we provide You and to offer technical alternatives (including upgrades and updated versions of software) as and when such alternatives become available.

10.4. In the event that such changes result in changes to a core function of the Services we provide You and no viable alternative is available, You will be entitled to a pro-rated refund in accordance with clause 6 above.

10.5. In the event of changes of features, applications, scripts and programs pursuant to clause 10.2 above, You agree to cooperate and be responsible for managing any adjustments to your Services if requested to do so. We will endeavour to communicate any changes to You as soon as possible.

11. Third Party Users

11.1. All Services provided by JTN to You are intended for your use only. You agree that any decision to resell, store or give away any of the Services to third parties is undertaken on the basis that You accept sole responsibility for ensuring compliance with this Agreement and the terms and conditions relevant to any chosen Services by third parties. You agree to indemnify and hold JTN harmless against any losses caused or damage suffered as a result of a breach by any third parties.

11.2. We accept no liability to You or any third parties for losses arising from third party use of your Services as set out above.

12. Data

12.1. All data created or stored by You within JTN’s applications and servers are your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within your server space or within applications on servers owned by Us.

12.2. We maintain backups of JTN’s servers and infrastructure for archiving and to ensure continuity of the Services. In the event of loss of or damage to your data arising out of your actions or actions undertaken on your behalf, we will not provide You with access to any data stored by JTN for archiving or backup procedures except at JTN’s sole discretion.

12.3. In the event of loss of or damage to your data relating to a failure in JTN’s systems or servers, we will make reasonable commercial efforts to assist You with restoring your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all your data.

12.4. You shall indemnify JTN and hold JTN harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of your content or data.

13. Passwords

13.1. It is your responsibility to keep all passwords safe, to ensure they are secure (with reference to accepted best practices) and to change passwords regularly. We are not responsible for any data losses or security compromises arising as a result of compromised passwords or as a result of You giving a third party access to your password.

13.2. You are responsible for any and all actions arising out of the use of your account password.

14. Your personal details

14.1. You warrant that the contact information You provide to JTN is correct, and that You will update this information immediately, as required from time to time. You agree that we may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.

14.2. You accept that if your account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to your account password, we may discuss your account with that party and take instructions from them in relation to the account.

14.3. We reserve the right to email You with information about product offerings we believe may be of interest to You from time to time. You may unsubscribe from marketing communications at any time.

14.4. We will not provide your personal information to any third parties without first obtaining your express permission unless we are required to do so by law. We may, however, need to provide your name and delivery address to third parties working in conjunction with JTN to deliver specific Services to You in accordance with JTN’s Privacy Policy.

15. Disclaimers and Warranties

15.1. We do not back up your data for data recovery purposes and whilst we will use JTN’s commercial endeavours to assist You in the event of data loss arising out of hardware failure, we do not guarantee we will be able to replace lost data. It is your sole responsibility to ensure your data is backed up for data recovery purposes.

15.2. The Services are provided on an "as is" basis. We do not warrant or represent that any Services will be uninterrupted or error-free. You accept that all Services are provided warranty-free.

15.3. Insofar as permitted by law, and with particular regard to the rights of business customers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to the Services to the fullest extent permitted by law.

16. Liability

16.1. Nothing in this Agreement shall operate to exclude or limit JTN’s liability for:

a) death or personal injury caused by JTN’s negligence; b) any breachof the terms implied by section 2 of the Supply of Goods and Services Act 1982; c) fraud or fraudulent misrepresentation; or d) any other liability which cannot be excluded or limited under applicable law.

16.2. Neither party shall be liable to the other under or in connection with this Agreement or any collateral contract for any:

a) loss of revenue; b) loss of actual or anticipated profits; c) loss of contracts; d) loss of business; e) loss of opportunity; f) loss of goodwill; g) loss of reputation; h) loss of, damage to or corruption of data; or i) any indirect or consequential loss, however arising regardless of whether such loss or damage was foreseeable or in JTN’s mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.

16.3. Subject to clause 16.1 and 16.2, JTN’s maximum aggregate liability to You under or in connection with this Agreement (in respect of any direct loss whether in contract or in tort) shall not exceed a sum equal to two times the fees paid by You for the relevant Services or £200, whichever is the higher.

17. Force Majeure

We shall not be responsible for any failure to provide any Services or perform any obligation under this Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether JTN’s employees or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond JTN’s reasonable control.

18. Non-Waiver

Our failure to require You to perform any of your obligations under this Agreement shall not affect JTN’s right to require such performance at any time in the future and nor shall the waiver by JTN of a breach of any provision be taken or held to be a waiver of the provision.

19. Survival

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither we nor You shall be liable to one another for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

20. Notice

You agree that any notice or communications required or permitted to be delivered under this Agreement by JTN to You shall be deemed to have been given if delivered by email, in accordance with the contact information You have provided.

21. Governing Law

Your rights and obligations and all contemplated by this Agreement shall be governed by the law of England and Wales and You submit to the exclusive jurisdiction of the English courts.

22. Assignment

22.1. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without JTN’s prior written consent.

22.2. In the event that we consent to an assignment, sub-license or transfer, then this Agreement shall be binding upon both You and JTN’s respective successors and permitted assigns.

23. Amendment in Writing

23.1. We may update these Terms of Service (including any technical specification relating to the Services), the Acceptable Use Policy, Privacy Policy and any other information relating to the Services from time to time to comply with law or to meet JTN’s changing business requirements.

23.2. You further agree to review the terms and conditions regularly to ensure You are aware of any modifications and You agree to be bound by such modifications unconditionally.

24. No Third Party Beneficiaries

This Agreement does not provide and shall not be interpreted to provide any third parties, with any remedy, claim, cause of action or privilege.

25. Entire Agreement

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

26. Relationship of Parties

Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

27. Severability

In the event that any provision of this Agreement is deemed unenforceable or invalid under any applicable law or pursuant to a court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provisions with one that is valid and enforceable and which achieves, in JTN’s reasonable opinion, to the fullest extent possible, the original objectives and intent between You and Us.

Annex 1: Domain name registration

Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies; where possible relevant links have been provided below:

.uk

.eu

.com, .net, .org, .info, .biz

.uk.com, .eu.com, .uk.net