This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services ("Services") listed on our websites: www.octopustelecom.co.uk ("our sites") to you. Please read these terms and conditions carefully before ordering any Services from our sites. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1 Information About Us
www.octopustelecom.co.uk is site operated by " OctopusTelecom Ltd " Ltd ("we"). We are registered in UK under company number 7007920 and with our registered office at 8 Lombard Road London, SW19 3TZ.
2 Your Status
2.1 By placing an order through our sites, you warrant that:
2.1.1 All information you provide to us is accurate, up to date and is not misleading in any way;
2.1.2 (in the case of domain name registration) you have the right to use the domain name;
2.1.3 You are legally capable of entering into binding contracts;
2.1.4 You are at least 18 years old; and
2.2 You agree not to use our Services to promote, distribute or advertise the following:
2.2.1 Firearms and other weapons;
2.2.2 Pornographic, racist, homophobic or other offensive material;
2.2.3 Material which breaches third parties' intellectual property rights;
2.2.4 SPAM e-mail, including bulk e-mail software and lists of e-mail addresses, except where all of the addressees have given their consent.
2.2.5 Defamatory, infringing, obscene, indecent or other unlawful material or information.
2.3 You are responsible for protecting your passwords/identifications and for keeping them confidential and for any authorised or unauthorised use made of your passwords/identifications.
3 How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to request a service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your purchase of the Services has been confirmed (the "Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Confirmation.
3.2 The Contract will relate only to those Services set out in the Confirmation. We will not be obliged to provide any other Services which may have been part of your order until the particulars of such Services has been confirmed in a separate Confirmation.
4 Our Status
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
For your reference, when placing a domain name registration or renewal order the following terms and conditions may also apply:
For Nominet names (.uk)
ICANN Registrant Rights and Responsibilities for top level names
4.2 We may also provide links on our sites to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that services you purchase from third party sellers through our sites, or from companies to whose website we have provided a link on our sites, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5 Consumer Rights
If you are contracting as a consumer, you may, save for the registration of a website domain name, cancel a Contract at any time within thirty days, beginning on the day after the Services are made available to you. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 8).
6 Availability and Delivery
6.1 Your order will be fulfilled by the date set out in the Confirmation or, if no date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances.
6.2 You should ensure you know the expiry date of your domain names and renew them in good time before expiry. We will use reasonable endeavours to send reminder emails to the account address as registered on our control panel in good time before renewal is due. We cannot be held liable if you do not receive these emails and a domain name is deleted due to non-renewal. It is very important that you keep your account email address up to date using our web control panel: https://www.octopustelecom.co.uk/.
7 Price and Payment
7.1 The price for our Services will be as quoted on our sites from time to time, except in cases of obvious error. All prices quoted are included of VAT.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.3 Payment for all Services must be by credit/debit card, PayPal or by cheque or bank transfer and is payable in advance of our performance of the Services.
7.4 You will be notified when renewal fees become due and payable and are required to pay such fees within 5 days of notification. If payment is not received within this period we reserve the right to suspend or cancel the Services.
7.5 If you sell or transfer ownership of a domain name, there may be a charge levied by our registrars for changing the owner's name/address details, you will be liable for this charge.
8 Our Refunds Policy
8.1 Where you cancel a Contract between us within the seven-day cooling-off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
8.2 Where you Cancel a Contract between us after the seven-day cooling-off period has expired (for instance, because you have notified us in accordance with clause 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Service provided is not fit for purpose in accordance with clause 9.1), we will investigate your complaint and (where we agree that the Services provided do not accord with clause 9.1) will notify you of your refund via e-mail within a reasonable period of time and (where we do not agree that the Services provided do not accord with clause 9.1) we will notify you of our decision via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
8.3 If you attempt to register a domain name that subsequently becomes unavailable (due to a delay in the updating of the WHOIS database) we will issue a full refund to you.
8.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9 Our Liability
9.1 We warrant to you that any Service purchased from us through our sites is reasonably fit for all the purposes for which services of a similar nature are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaching this Agreement is strictly limited to the purchase price of the Service you purchased as set out in the Confirmation.
9.3 This does not include or limit in any way our liability:
9.3.1 For death or personal injury caused by our negligence;
9.3.2 Under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
9.4.1 loss of income or revenue;
9.4.2 loss of business;
9.4.3 loss of profits or contracts;
9.4.4 loss of anticipated savings;
9.4.5 loss of data, or
9.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories contained in clauses 9.4.1 to 9.4.6 inclusive.
9.5 Where you buy any Service from a third party seller through our sites, the seller's liability will be set out in the seller's terms and conditions.
10 Suspension and Termination
10.1 When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.
10.2 Failure to comply with condition 2 of these terms and conditions (without limitation) constitutes a material breach of these terms and conditions and may result in our taking all or any of the following actions. We may also take all or any of the following actions where we deem it necessary in order to protect our rights, property, security or safety, or to protect the rights, property, security or safety of our customers or others:
10.2.1 immediate, temporary or permanent withdrawal of your right to use the Services;
10.2.2 immediate, temporary or permanent removal of any postings or material uploaded by you;
10.2.3 issue of a warning to you;
10.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
10.2.5 further legal action against you;
10.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3 The responses described above are not limited and we may take any further action we reasonably deem appropriate.
11 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13 Transfer of Rights and Obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14 Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 strikes, lock-outs or other industrial action;
14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 impossibility of the use of public or private telecommunications networks;
14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17 Entire Agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18 Our Right To Vary These Terms and Conditions
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
All disputes relating to domain name registration shall be resolved via the Nominet Dispute Resolution Service or the ICANN Uniform Domain-Name Dispute Resolution Policy as applicable.
20 Law and Jurisdiction
Contracts for the purchase of Services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.