DS4A - General Terms and Conditions

These terms and conditions form the basis on which you can visit us and our website and obtain services from us. Please read them carefully as they contain important information.


General terms and conditions
This site is owned and operated by DS4A Limited, a company registered in England with the company registration number 06417612. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us via email or via telephone. The relevant contact details can be found by visiting the 'Contact Us' section of our website.

1. The contract between us
We must receive payment of the whole of the price for the payment frequency chosen by you (payment grequency, eg. month or year) for the services that you order before your order can be accepted. Payment of the price for relevant payment frequency period for the services represents an offer on your part to purchase the services, which will be accepted by us only when we are in receipt of the payment and a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.

2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to DS4A. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.

5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability
The services will be provided within an agreed timescale, and time is not of the essence of the contract.

7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

8. Price
The prices payable for services that you order are as set out on our website. All prices and are correct at the time of entering information.

9. Payment terms
We will take payment upon receipt of your order, from your credit or debit card, or via direct debit if this option is provided to you. We accept no liability if our services are delayed because you did not give us the correct payment details, or because of an error or omission by your payment or credit provider. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further provision of services until we receive payment in full (or any outstanding balance that may be due should we offer you the option to settle the outstanding balance). This does not affect any other rights we may have.

9.1 Recurring Payment for services or products
All services and/or products will be provided by us until we receive a request to cancel them from you, or we exercise our rights as outlined in these terms and conditions to cancel provision. Until such time as either you, or DS4A, cancel provision, you agree to pay for the services or products at the payment frequency you selected when originally obtaining the services or products, for example, monthly or annually. Whilst we may send you reminders of when an amount falls due for payment, you agree to pay any recurring amount due at the frequency agreed by you when you initially contracted for the service or product, regardless of a reminder being issued by us, or not.

10. Cancellation rights

10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)

10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a banking, credit, personal pension, investment or payment nature.

10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).

10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement. Details of how you may contact us can be found by visiting the 'Contact Us' section of our website.

10.4.1 We will provide services to you until we receive a request to cancel any service or provision of any product to you (hereinafter referred to as 'a request to cancel'). All requests to cancel must be confirmed in writing. Where a request to cancel is verbal, we will suspend provision of services or products until written confirmation is received. Written confirmation must be received with 14 days of a verbal request to cancel. Should no written confirmation of a request to cancel be received, service or product provision suspension will be lifted and the services and products will be provided as normal, and you will be liable for all charges for those services as if no verbal request to cancel had been issued by you.

10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.

10.5.1 We will calculate any refund due using the following methodology:

Services: Refund due = Charge for services - (Disbursements + Provision)

Disbursements = Internal, and External 3 party costs (SSL certificates, Domain name registration etc at the rate for the service or product at our, or the providers undiscounted standard rate whichever is the greater).

Provision = Days elapsed since last payment received until cancellation request. Provision cost will be taken as the greater of the monthly cost (calculated annually) or annual cost, calculated daily.

For example:

Refund Due = £119.88 - ((SSL Cert @ £12.00 + UK Domain registration £6.99) + (((£10.55(monthly cost) x 12)/365) x 112(days)))

Refund Due = £119.88 - (£18.99+£38.85)

Refund Due = £62.04

10.6 Where provision of services involves domain name registration, the cost for any registration levied by a registration authority will be due unless the registration authority agrees to cancel and refund the levied cost of any applicable fees due or paid to them. In this instance we reserve the right to charge a fee of no more than the original cost paid by you to us, of a domain name registration, for arranging and processing the cancellation and the refund of any fee due or paid to a relevant registration authority.

11. Cancellation by us
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card or other payment method as soon as possible, but in any event within 14 days.
11.3 We have not received full payment due of the payment frequency amount on the due payment frequency date.

12. If there is a problem with the service

12.1 If you have any questions or complaints about the services we provide please initially contact us informally and we will try to resolve your complaint, or answer any questions you may have. You can do so by visiting our 'Contact Us' page and writing to the relevant email or postal address or telephoning us at the relevant telephone number in the first instance. If we are unable to resolve the matter informally with you, or you are still unhappy with our response or resolution you may use our formal complaints procedure. Details of which can be found in the 'Complaints' section of our website
12.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

13. Liability

13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption. Acceptance and / or use of our services is confirmation that you have in place such systems to prevent or mitigate any such loss to an extent that no liability against us could exisit.

13.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

14. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address shown in the 'Contact Us' section of our website and all notices from us to you will be displayed on our website from time to time.

15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should review them regularly as often as possible.

16. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

17. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

18. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Statement / Policy.

19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

20. Acceptance of third party terms and conditions
You acknowledge and agree to be bound by the terms and conditions of:-

20.1 Where you are registering a domain name within the .UK top level domain (tld) space. You acknowledge and agree to the terms and conditions of Nominet UK the URL of which can be found in the 'Terms and Conditions' section of our website.

20.2 Where you are registering any domain name outside of the .UK tld space. You acknowledge and agree to the terms and conditions of ICANN or the relevant tld registrar of the domain name you are registering. The URL of ICANN can be found in the 'Terms and Conditions' section of our website.

 

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CANCELLATION FORM

To DS4A Limited:

I/We* hereby give you notice that I/We* cancel my/our* contract for the supply of the following services:

Ordered on*/Received on*:

Order Number**:

Customer Number**:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only if this form is notified on paper)

Date:


*Delete as appropriate

** Please provide if known, this will enable us to deal with any matter more quickly for you.