Terms & Conditions

Please read these Terms and Conditions, these do not affect  your Statutory Rights under UK Law.

  1. Service Obligation

    1. Freestart Plc (FSP) is a service provided by Freestart Plc. Freestart Plc (FSP) will use reasonable endeavours to ensure a prompt and continuing service as described in the specification ("the Service") but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of FSP, or by errors or omissions of the Customer. FSP specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.
    2. FSP will not be held liable for indirect, economic or consequential loss whatsoever.
    3. The liability of FSP in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).
    4. Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.
    5. All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.

       

  2. Contract of Service

    1. For clients signing up or renewing on or after 01/02/2013
      1. There is no minimum contract period for FSP products and services.
      2. Initial payment is taken for setup of product or service; including administration, customer liasion, design and build of website and / or domain name registration.
      3. Ongoing hosting, maintenance and support is paid for in arrears and calculated via the following schedules depending on agreement.
        1. An annual payment is paid for the preceding 12 calendar months service, 1 year from when initial order is made.
        2. A bi-annual payment is paid for the preceding 6 calendar months service, 6 months from when initial order is made.
        3. A monthly payment is paid for the preceding calendar month, 1 month from when initial order is made.
      4. All annual orders will  automatically renew within a period of 8 weeks prior to the anniversary of an order to protect clients interest in domain name and/or third party products or services requiring renewal by FSP.
      5. Clients wishing to cancel their subscription to FSP products or services must do so within the cancellation window;
        1. For annual payments this is within the 4 week period prior to the 8 weeks before the anniversary date.
        2. For monthly payments 30 days notice is needed to cancel subscription.
      6. FSP may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
      7. From time to time parts of the FSP network may be taken off-line for repair or routine maintenance. FSP will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.
         
    2. For clients who signed up prior to 01/02/2013
      1. The contract period for domains and or website and email services shall be for a minimum of two years.
      2. Authority for recurring transactions will be obtained from the customer via recorded verbal agreement. This authority will remain in force until such time as the customer cancels it in writing/email instruction to FSP.
      3. FSP will notify the Customer of recurring transactions fourteen days in advance of payment by means of advance notice. No further advance notice will be given if the amount due to be claimed changes solely because of the alteration in the applicable rate of any statutory levy such as value added tax.
      4. FSP may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
      5. From time to time parts of the FSP network may be taken off-line for repair or routine maintenance. FSP will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

         

  3. Setup Charges
    Where setup charges are paid as mentioned in section 2 (Contract of Service) any monies paid shall be non-refundable commencing the subsequent calendar day that payment was made.

    Moneys paid are to cover the allocation of resource to each customer covering the administration of said job including time spent liasing with client for assets and input, and subsequent design and build of site.

    This section can only be overriden in exceptional circumstances subject to Director level authorization.

  4. Improper use and Liabilities

    1. The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trade mark or Copyright). This extends to violations due to any spamming and or bulk email activity for which FSP can and will follow up in the Courts of Law.
    2. The Customer shall take reasonable precaution to prevent the reception and transmission of viruses to the FSP Network and beyond and shall not attempt any intentional and malicious damage to the FSP Network or use the Service to affect other computers.
    3. It is the Customer's responsibility to keep all user names and passwords secure and not let third parties knowledge or access to them or to store them on any computer in plain text or in a format that is easily accessible.
    4. The Customer will notify FSP immediately by telephone or e-mail in any event of a username or password becoming known to a third party.
    5. The Customer hereby indemnifies FSP or its trading concerns against any action taken by a third party resulting from the Customer's use of the Service.
    6. The Customer shall notify FSP of any action taken against them by a third party and will not hold FSP liable for any resulting costs.
    7. The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.
    8. The Customer acknowledges that FSP cannot exercise control over the content of information passed across the Internet and via the Service.
    9. The Customer agrees to conform to the acceptable policies of connecting to other Networks or computers across the Internet.

       

  5. Sub-lease/Re-selling Restrictions

    1. The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by FSP.

       

  6. Service Agreement

    1. The Customer has the right to withdraw from or cancel their Service Agreement with FSP within the first 72hrs of any new agreement. Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.
    2. Domain transfer requests - provided all details are correct and procedures followed by the customer - should be carried out by FSP within 24hrs of receiving the customer's email assuming also all outstanding invoices/balances have been settled by the customer with FSP.
    3. In the event of a customer wishing to transfer the IPS tag relating to their domain name to another Internet Service Provider(ISP), a small transfer charge equal to the current annual hosting charge will become payable.

       

  7. Domain name agreement

    1. FSP will register a domain to an individual and/or company on a per domain basis and the individual or company is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.
    2. By registering a name you agree to keep FSP and its associated companies and its Directors fully and effectively indemnified at all times against action brought about by any person, persons or company against you in using the name. You will assume liability and costs for any such action and release FSP and its associated companies should any such situation arise.
    3. Any registered domain can be used for any legal, decent and honest use on the Internet and must not breach any UK laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by FSP.
    4. FSP shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.
    5. FSP reserves the right not to register or assign any domain name for whatever reason.
    6. FSP reserves the right to delete or suspend any domain name if payments have been defaulted upon and may at its discretion levy admin charges in re-establishing any domain or service thereof.
    7. FSP reserves the right to vary the rate charged for domain name registrations and renewals and/or modify the services offered providing at least 28 days notice via its website of any cost or service changes.
    8. FSP reserves the right to charge an administration fee in the event of transferring a domain name to another provider/party. This fee currently stands at £25 + VAT providing no outstanding balance remains owing.
    9. With regards to the registration or renewal of a domain name ending in .uk FSP is acting as an agent of Nominet UK. By FSP registrering or renewing such a domain name you agree to Nominet UK's Terms & Conditions.
    10. FSP expiry policy for .co.uk domains: If you do not renew your domain before its expiry date it will have all services we provide suspended and you will have up to 30 days (protected period) in which to renew the domain name at the original renewal fee. Please contact the Renewals Department on tel: 0844 774 7777. After this 30 day period your domain will be suspended. After this period, we will assess whether we can renew a domain on a case by case basis. Freestart will not guarantee the renewal of a domain name. Your domain name will eventually be deleted from the register and made available for resale through a third party registrar if you require a specific dates for this eventuality, please contact our Renewals Department who will advise on a case by case basis. 
    11. FSP expiry policy for .com domains: If you do not renew your domain before its expiry date it will have all services we provide suspended. After this period, we will assess whether we can renew a domain on a case by case basis. Please contact the Renewals Department on tel: 0844 774 7777. Any domains showing a status of REDEMPTION PERIOD will incur an additional redemption fee of £120+VAT. Freestart will not guarantee the renewal of a domain name that has expired.

       
  8. General terms and law

    1. FSP reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works though - your data security is your own problem.
    2. If FSP suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.
    3. This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the FSP service.
    4. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and FSP as a result of your use of FSP. You agree not to hold yourself out as a representative, agent or employee of FSP. You agree that FSP will not be liable by reason of any representation, act or omission to act by you.
    5. Each respective Registry (ie Nominet, InterNic etc...) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispuite as determined by their respective terms and conditions of service provision. FSP cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over of any domain assigned by any Registry.