Changes To Terms And Conditions

To clearly define "Namesco" within our Terms and Conditions, we hereby give you notice in accordance with General Provisions, Clause 1d of our Business Terms and Conditions, and Clause 1e of our Consumer Terms and Conditions that the following amendments will be effective from 0.00am on Wednesday, 30 June 2010:

General Provisions first paragraph. The following wording to replace the current wording in the Consumer Terms and Conditions:

"These conditions only apply to Consumers. A Consumer is a natural person (ie not a company) whose activity is outside of his or her trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account, and "we", "us" and "our" refer collectively to Namesco Limited ("Namesco") (Company number 03913408) having its registered office at Acton House, Perdiswell Park, Worcester, Worcs WR3 7GD and its Group Companies (from time to time). "Group Companies" means Namesco, its Holding Companies, its Subsidiaries and the Subsidiaries of any of its Holding Companies from time to time ("Holding Company" and "Subsidiary" having the meanings set out in section 1159 Companies Act 2006). Namesco Limited is part of the Dada Group of Companies.

General Provisions first paragraph. The following wording to replace the current wording in the Business Terms and Conditions:

"These conditions only apply to "Businesses" ie a person (which includes companies) acting for the purpose of their trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account, and "we", "us" and "our" refer collectively to Namesco Limited ("Namesco") (Company number 03913408) having its registered office at Acton House, Perdiswell Park, Worcester, Worcs WR3 7GD and its Group Companies (from time to time). "Group Companies" means Namesco, its Holding Companies, its Subsidiaries and the Subsidiaries of any of its Holding Companies from time to time ("Holding Company" and "Subsidiary" having the meanings set out in section 1159 Companies Act 2006). Namesco Limited is part of the Dada Group of Companies.



To clarify our position on termination of contract in the event of us being exposed to litigation, or other civil or criminal proceedings, we hereby give you notice in accordance with General Provisions, Clause 1d of our Business Terms and Conditions that the following amendment will be effective from 0.00am on Wednesday, 30 June 2010:

Addition of General Provision Clause 6 b vii.

"with immediate effect on serving written notice notice if the supply of the service and/or additional services to you may (in our reasonable opinion) expose us to the risk of litigation or other civil or criminal proceedings."



To clarify our position on transfer/assignment of Contract, we hereby give you notice in accordance with General Provisions, Clause 1e of our Consumer Terms and Conditions that the following amendment will be effective from 0.00am on Wednesday, 30 June 2010:

Addition of General Provision Clause 13 b.

"We may transfer the Contract to any group or associated company and to any business taking over the supply of the service(s) or any part of the service. We may also sub-contract the service(s) or any part of the service(s)."

The renumbering of existing clauses 13b – 13f to 13c – 13g inclusive.



Following customer feedback and to offer protection to our customers, we hereby give you notice in accordance with General Provisions, Clause 1d of our Business Terms and Conditions, and Clause 1e of our Consumer Terms and Conditions that the following amendments will be effective from 0.00am on Wednesday, 30 June 2010:

Addition of Schedule C, Clause 7d as follows:

"You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the General Provisions, we retain the right, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Use Policy."

Renumber current Clauses 7d and e, Clause 7e and 7f.



To clarify to customers the transfer of personal data in the event of a sale or purchase of any part of our business, or assets, we hereby give you notice in accordance with General Provisions, Clause 1d of our Business Terms and Conditions, and Clause 1e of our Consumer Terms and Conditions that the following amendments will be effective from 0.00am on Wednesday, 30 June 2010:

In our Business Terms and Conditions, the addition of General Provisions, Clause 13.j and in our Consumer Terms and Conditions, the addition of General Provisions, Clause 13.g as follows:

"You agree that we may disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. Any disclosure of personal information will be strictly controlled and made fully in accordance with current UK legislation, in particular the UK Data Protection Act 1998"



To update Schedule C to truly reflect the Web Hosting service we provide to customers, we hereby give you notice in accordance with General Provisions, Clause 1d of our Business Terms and Conditions, and Clause 1e of our Consumer Terms and Conditions that the following amendments will be effective from 0.00am on Wednesday, 30 June 2010:

New Schedule C to entirely replace the existing Schedule C

SCHEDULE C

Terms and conditions for the provision of Website Hosting services

  1. Orders
    1. Your order must be submitted to us using either the on-line order form or through one of our representatives. The services must be used in respect of a registered domain name.
    2. If we accept your order, the processing of your request will start immediately.
  2. Services
    1. Details of our services can be found on our web site at www.names.co.uk
    2. We aim to set up Website Hosting within 20 minutes of receiving your order and will send you an email to advise you of your user name, password and other information to the email address supplied at the time of order.
    3. You acknowledge that unless otherwise agreed in writing with us, any set up time (“delivery date”) we give to you is a guideline only and we do not guarantee that it will be met.
    4. If you reasonably believe that the service delivered to you on the actual delivery date does not meet the specifications, you must notify us of this within ten (10) Working Days of the delivery and we will then use all reasonable endeavours to resolve the issue within ten (10) Working Days. "Working Day" shall mean a day falling on a Monday to Friday which is not a bank or public holiday.
    5. If you do not notify us of any failure within ten (10) Working Days of delivery or, where we have carried out remedial work pursuant to paragraph 2d of this Schedule C above, within ten (10) Working Days of us completing that remedial work (as notified to you by us), you will be deemed to have accepted the service as delivered.
    6. We reserve the right to amend the service, at any time, provided that this amendment does not materially detrimentally affect the service.
    7. We may occasionally impose limits on your storage space or data activity if we impose any limits, we will give you twenty four (24) hours advance notice of any limits by email.
    8. You hereby acknowledge that you will never physically access the servers and platforms and you will not be provided with any equipment or device.
  3. Charges
    1. Details of our charges can be found on our web site at www.names.co.uk/pricelist.html/
    2. You are responsible for ensuring that your bandwidth does not exceed the allowances set as part of your package/service.
    3. If your bandwidth either exceeds the allowance set as part of your package/service or reaches the point where it has an adverse effect on other customers we reserve the right to:
      1. disable your site, without prior notice, until you can reduce your bandwidth usage; or
      2. charge you for excess bandwidth usage, over and above your package allowance, as published by us from time to time.
      3. You acknowledge that with regard to the purchase of Website Hosting services, whether purchased annually or multi-year from us, eighty per cent (80%) of our charges relate to administration charges and are non-refundable. Twenty per cent (20%) of our charges relate to the ongoing cost for the hosting service. On cancellation of annual or multi-year hosting services after the end of the Minimum Term the refund will be calculated on a pro rata basis of the twenty per cent (20%). Renewals of any annual or multi-year hosting services will be on the same eighty per cent (80%) twenty per cent (20%) basis.
      4. You acknowledge that in regard to the cancellation of Website Hosting purchased on a monthly basis, from us, no refund will be payable on a pro-rata basis or otherwise.
  4. Duration
    1. The Contract for Web Hosting Services will be for a period which depends on the package chosen (“Minimum Term”) starting at the time the order is accepted after which it will expire unless it is renewed for a subsequent period. Monthly and auto-renewable services may be terminated by not less than ten (10) working days notice, via your online Account with us, expiring on your billing date for the product specified in your Account with us.
  5. Consequences of termination
    1. On termination for any reason, we will cease providing the services and your Website will be deleted.
    2. We shall be entitled to payment of any charges set out in paragraph 3 of this Schedule C
    3. Please refer to our Refund Policy (www.names.co.uk/legal.html).
  6. Maintenance
    1. In order to ensure good performance of the servers, we need to perform routine maintenance. This may mean that we need to take our servers off-line. Where possible, we perform such maintenance during off-peak hours. We will try to give you advance notice of any maintenance which requires the servers to be taken off-line by sending you an email to your notified email address or on our network status page at www.names.co.uk/network-status.html and we will try to keep interruption to a minimum.
    2. We also may need to, and reserve the right to, suspend the service if you exceed your maximum bandwidth transfer quota as notified to you.
  7. Storage Capacity
    1. Each package/service is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account and website files.
    2. You hereby accept that the sole purpose of the Web Hosting Services is the hosting of website files on our servers and platforms. You acknowledge that it is strictly forbidden to use the storage capacity allotted for any other purpose, such as, but not limited to, for the storage, backup, or archive of electronic files, documents, log files etc. We reserve the right to suspend the services and/or to cancel the contract in such case.
  8. Security
    1. We try to ensure server security and integrity of data at all times. However, despite our efforts, issues may occasionally arise which are beyond our reasonable control. Where an issue does arise with a specific service, we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
    2. We scan all files on upload via FTP. While we do our best to block infected files, we cannot guarantee that we will catch them all. We cannot be held liable for any virus infections caused by visits to your site.
  9. Ownership of data and indemnity
    1. All data created or stored by you within our applications and servers are your property.
    2. We will allow access to such data only by our authorised personnel as may be necessary to provide the services.
    3. You will indemnify us, hold us harmless and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained on our servers or within applications on our servers.
  10. Your obligations
    1. You must notify us if you become aware of any unauthorised use of all or any part of the Website Hosting.
    2. You will maintain and keep confidential all user names and passwords and not disclose them to any unauthorised party. If you have any reason to believe that any such confidential information has become known to an unauthorised party, you should inform us immediately.
    3. You undertake to allow us access at all reasonable times to perform maintenance or other actions necessary to ensure continued access to the Internet.
    4. You will be liable for all activities or charges and associated costs resulting from use of the service whether or not authorised by you and you acknowledge that we will not be liable for any loss of data or confidential information or other damage arising from such use.
    5. You represent that you have sufficient technical knowledge to enable you to make use of the service. You also represent that you know the nature of shared hosting and notably that the servers and platforms are shared with other customers.
    6. Failure to comply with any of your obligations as set forth herein or any use of the Web Hosting Services for illegal purposes or if the use of the services by you or by any party harms or affects the servers, platforms, quality of service or networks of Namesco Limited, other customers or third parties, we reserve the right to suspend the services, even without prior notification, and possibly cancel the contract. You remain solely responsible for the suspension and/or the cancellation of the services and for any direct and indirect consequences that may arise. You formally accept that no refund, voucher, or any other type of compensation will be issued in case of suspension and/or cancellation.
  11. Liability
    1. You acknowledge that you have sole responsibility and liability for the design and maintenance of the website and for ensuring that it does not infringe the intellectual property or other rights of any third party and is not illegal. You are responsible for securing your website and for making sure your files, scripts and any other elements are up-to-date, safe and secure at all times.
    2. You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the General Provisions, we retain the right, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Usage Policy.
    3. We do not guarantee the proper delivery of any email message or other data once it has left the confines of our network, and similarly we do not guarantee that data traffic will be delivered or that its contents will be held secure once it passes out of our control.
    4. Where we supply third party equipment, software or applications, our responsibilities are limited to the level of warranty provided by the third party.
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