SiteMaker general domain terms and conditions


Domain
Terms &
Conditions

SiteMaker Software Limited ("SSL") registers domains on your behalf through gandi.net, the trading name of Gandi SAS ("Gandi"). Gandi is an ICANN acredited registar established in 1999 with approximately 700,000 domains under management. Gandi has well established relationships with the major registries and for this reason SSL has chosen to resell Gandi's services as a registrar of domain names. For more information on Gandi, please see www.gandi.net.

SSL is not itself an accredited domain name registrar and SSL's contracts with its domain name customers are therefore subject to Gandi's General Terms and Conditions of Domain Name Registration, the special conditions applicable to the chosen Top Level Domains and the rules issued by the Trustee Authorities and the Registries, all of which can be accessed here, in addition to SSL's own general terms and conditions and SSL's terms and conditions specifically applicable to domain name registration which are set out below. These terms and conditions are referred to collectively in the following sections as the "Combined Terms". In registering a domain name or transferring a domain name to SSL you are deemed to have read and accepted the Combined Terms.

Capitalised terms used in these terms and conditions have the meanings set out in the Gandi - General Terms and Conditions of Domain Name Registration.

1. Domain Name Services

1.1. SSL provides domain name registration services through Gandi ("Domain Services") upon the terms and conditions set out in the Combined Terms.

1.2. You acknowledge and agree that the Combined Terms apply to any contract entered into by you with SSL for Domain Services.

1.3. You represent and warrant to SSL that the registration of any domain name requested by you (the "Requested Domain") and the manner in which it is to be directly or indirectly used:

(a) will not infringe any third party rights;

(b) is not being made in bad faith and could not reasonably be considered to be an abusive registration under the ICANN or Registry dispute resolution policies, whichever is applicable; and

(c) is not being registered and will at no time whatsoever be used for any unlawful purpose.

1.4. You acknowledge that, whilst SSL will use its reasonable endeavours to register a Requested Domain, SSL will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.

1.5. SSL's responsibilities in providing the Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to you within a reasonable period after communication from the authority. SSL will use reasonable endeavours to notify you of any renewal dates but accepts no liability for the loss of registration of any Requested Domain.

1.6. SSL makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. You acknowledge that SSL cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

1.7. You are responsible for checking that the domain name as reported on all documents sent to you (such as invoices and e-mail notifications) is spelt correctly. You will notify SSL forthwith of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.

1.8. You acknowledge that if you knowingly provide SSL with inaccurate data or carry out any abusive, fraudulent, illegal or prejudicial use of SSL's services, including, but not limited to, the use of your domain name for "spam" (the sending of unsolicited bulk or repetitive e-mail to persons who have never been in direct contract with the sender), "phishing" or other conduct involving the theft of personal information, "Trojan Horses", viruses or other computer contaminants or the use of a third party's computer for illegal purposes, SSL shall be entitled to terminate its Domain Service contract with you and to procure the deletion of your domain name. This remedy is in addition to any remedy available to Gandi, the Trustee Authorities and the Registries for any such breach.

1.9. You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.

1.10. SSL may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to you.

1.11. You acknowledge and agree that SSL will make registration information provided by you in relation to the Requested Domain available to ICANN, or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. You further acknowledge that SSL may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, the appropriate Registry and applicable law. You consent to any and all such disclosures, whether during or after the term of registration of the Requested Domain. You irrevocably waive any and all claims and causes of action arising from such disclosure or use of the domain name registration information by SSL.

2. Payment Terms

2.1. Fees payable for domain names will be paid in advance to SSL and are not refundable in whole or in part at any time after payment has been completed and the appropriate registry has been paid for the domain service.

2.2. Any failed domain name application will result in a credit being applied to your account. This credit can be used to purchase additional domain services or, if you require, will be refunded.

2.3. Any fee amount set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.

2.4. Any sums payable by you to SSL for Domain Services are stated inclusive of UK VAT where appropriate which will be charged at the appropriate rate.

2.5. All sums payable to SSL under for Domain Services must be paid in full with no set off or deduction prior to the provision of any domain services.

2.6. Without prejudice to any other of its rights and remedies, SSL will be entitled to remove your data from its systems if any amount due and payable by you is not paid within 21 days of its due date for payment. SSL is not required to back up such data or return the same to you prior to any such removal or following termination of your contract with SSL.

3. Liability and Indemnity

3.1. Neither SSL nor Gandi shall be liable for the consequences of:

(a) the refusal on the part of the Trustee Authorities or the Registries to grant a domain name selected by you; or

(b) the cancellation or suspension of your domain name by the Trustee Authorities or the Registries arising from a breach by you of the Combined Terms.

3.2. You are liable for any claims, losses, damages, fines, costs and other expenses which you may incur or which may be awarded against you in any dispute arising out of the choice and use of your domain name.

3.3. You hereby undertake to indemnify SSL, Gandi, the Registries and the Trustee Authorities and their respective directors, officers, employees and agents from and against any and all claims, losses, damages, fines, costs and other expenses (including reasonable legal costs) arising out of your domain name registration, save where such liability is the direct result of a breach by those parties of the Combined Terms, and this indemnity shall continue in force notwithstanding the termination of your contract with SSL.

3.4. Except for any liability arising from:

(a) death or personal injury; or

(b) damage incurred by you arising from fraud or fraudulent misrepresentation by SSL,

SSL's total liability to you under its contract for the provision of Domain Services shall not exceed the total amount of fees paid to SSL by you as at the date on which such liability is agreed or determined.

4. SiteMaker Domain Name Vouchers

4.1. SSL may offer domain name vouchers bundled with any of its paid SiteMaker subscription packs. SSL does not guarantee that any such offers will be available through all distributors of SiteMaker and may withdraw offers of vouchers at any time and without notice, or change the value or terms of a voucher at any time and without notice.

4.2. Clients who have purchased a qualifying pack will be issued with a SiteMaker domain voucher for redemption against the cost of a Domain Service. Domain Services may include registration, renewal or transfers between registrars.

4.3. SiteMaker domain vouchers will be issued on the date of first payment for new SiteMaker customers and on the anniversary of this date provided the customer remains a paying subscriber to a qualifying SiteMaker pack, except where a SiteMaker domain voucher has been used to register or renew a .co.uk domain name, which carries a minimum registration period of two years. In this case the voucher will be redeemed against this two year purchase, but no new voucher will be issued until the expiry of this two year period.

4.4. A SiteMaker domain voucher may be redeemed for any amount up to GBP 10.99 (or EUR 12.99, USD 14.99 and AUD 19.99, which ever is applicable) in any single transaction for Domain Services. For any transaction charged at less than GBP 10.99 (or EUR 12.99, USD 14.99 and AUD 19.99, which ever is applicable), no credit balance will remain on the value of the voucher and, once used for any amount, the voucher will be rendered fully redeemed.

4.5. No part of a SiteMaker domain voucher may be refunded as cash or used as credit for any service other than for a Domain Service as described in these terms and conditions.

4.6. Any voucher that remains unused at the end of a valid SiteMaker subscription period will be declared null and void, and in any event will expire on the first anniversary of issue.

4.7. SSL reserves the right to claim back the cost of any and all domain vouchers used when a client requests a full refund on their subscription under the 30-Day Money Back Guarantee.

5. Governing Law

Your contract with SSL for Domain Services is subject to English law and you and SSL submit to the non-exclusive jurisdiction of the English courts for the resolution of any dispute arising out of such contract which cannot be resolved amicably between us within a reasonable time.

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Company Info

Moonfruit is owned and operated by SiteMaker Software Ltd.

Address

SiteMaker Software Ltd
Suite 200
50 Eastcastle Street
London, England W1W 8EA

SiteMaker Software Limited is a UK company registered in England

Registered company number
3871424

VAT registration number
GB 765346017

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