Terms of Sale | Telnames

Terms of Sale

Please read these Terms of Sale carefully. When you use any services ordered from us by telephone (including from one of our third party sales agents) or available from the website www.telnames.com ("the Site") or any mobile application provided by us ("Mobile App"), you are agreeing to these Terms of Sale. If you do not agree with these Terms of Sale, please do not use any of these services, or, if you have ordered services via one of our telephone sales agents, call us to cancel within the seven (7) working days cancellation period described in paragraph 2.3.

Please note that these Terms of Sale and the Service(s) will automatically renew for one (1) year at a date which is thirty (30) days before the end of the then-current term, to protect your unique domain name. You can turn off automatic renewal at any time before this date in your account settings. Paragraph 12 of these Terms of Sale contains more information on automatic renewal.

These Terms of Sale were last updated on 13 March 2013.

1. About these Terms of Sale

1.1 These terms of sale, as amended from time to time in accordance with their provisions (“Terms of Sale”) apply to your use of any services (the “Services”), including, but not limited to, domain name registration, and domain name and .tel page hosting services, available through the Site or any Mobile App, or ordered from us by telephone. Your use of the Site and any Mobile App is governed by the Terms of Use.

1.2 By clicking “I ACCEPT”, you accept these Terms of Sale (and any additional rules or policies to which these Terms of Sale refer) and enter into a contract with Telnames Limited, a company registered in England and Wales, whose registered number is 07471889, whose registered office is at 37 Percy Street, London W1T 2DJ ("Telnames", “we”, “us”). If you do not accept these Terms of Sale (or any additional rules or policies to which these Terms of Sale refer), you should not click “I ACCEPT” and must not use any Services.

1.2.1 if you are ordering Services using the Site, you should not click “I ACCEPT”; or

1.2.2 if you have ordered Services by telephone from one of our sales agents, you should call us within the cancellation period referred to in paragraph 2.3 to cancel the Services, and in any event you must not use any Services.

1.3 We reserve the right at any time at our sole discretion to amend these Terms of Sale and/or any additional rules or policies to which the Terms of Sale refer. If we do so, we will publish the amended version on the Site and via the Mobile App. Any amended version will take effect:

1.3.1 in respect of existing Services you are receiving from us, 30 days after first publication of such amended version; and

1.3.2 in respect of any new Services which you are not yet receiving from us, from the time such amended version is first published on the Site.

1.4 You should check the Site from time to time to review the current Terms of Sale and any additional rules or policies to which the Terms of Sale refer. Your use of any Service(s) after the date on which the amended Terms of Sale and/or any additional rules or policies (“Amended Versions”) take effect, as provided above, constitutes your acceptance of the Amended Version(s).

1.5 If you do not accept any Amended Version(s):

1.5.1 you may not continue to use the Services after the date on which the Amended Version(s) come into force in accordance with the provisions above;

1.5.2 you may request the cancellation of your Service(s) and/or the transfer of your domain name registration(s) to a different domain name registrar (and you acknowledge and agree that such cancellation and/or request for transfer will be your exclusive remedy and our sole liability if you do not accept any such Amended Version(s)); and

1.5.3 if the changes reflected in the Amended Version(s) are to your detriment, we will refund any fees you have paid in advance for Services you have not yet received (on a pro–rata basis according to the outstanding term of your agreement with us under these Terms of Sale).

1.6 On any cancellation, expiration or termination of any Services(s) provided under these Terms of Use (including, without limitation, under paragraph 1.5.2 above, any associated .tel page and any content on such page will be automatically deleted. We therefore recommend that you, and it is your responsibility to, keep your own copy of any such .tel page and content.

2. The Services

2.1 Subject to your compliance with these Terms of Sale, we agree to provide any Service(s) you order from us through the Site, Mobile App or by telephone, including, but not limited to, domain name registration and/or hosting services, in accordance with these Terms of Sale.

2.2 You acknowledge and agree that, in order to access any Service via the Site, you will need access to a computer or other device necessary for you to connect to the internet and an internet connection, for which you may have to pay service fees (to the provider of such connection). In order for you to access any Service via a Mobile App, you will need a mobile device capable of downloading and running that Mobile App and of receiving and transmitting data over a mobile data network or the internet, as the Mobile App requires. Our only responsibility is to provide you with the Service(s) you order under these Terms of Sale; it is your responsibility to ensure you own or have access to the equipment and connectivity necessary to use our Services.

2.3 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel certain contracts for services within seven (7) working days of the day after the day on which such contracts are concluded. However, this right no longer applies where, at your request, the service provider begins to provide the requested service(s) before the expiry of the seven (7) working day period. When you place an order for any Service(s) with us, we will begin providing such Service(s) immediately and therefore you acknowledge and agree that, unless otherwise expressly provided in these Terms of Sale, you will not have a right to cancel your agreement with us under these Terms of Sale after you have placed such an order. If you ordered Services from one of our telephone sales agents, you may cancel your agreement with us by notifying us as set out in paragraph 22 within seven (7) working days of the day you received a copy of these Terms of Sale.

3. Permitted use

3.1 You may use any domain name registration, .tel page and/or any other Services made available to you under these Terms of Sale for:

3.1.1 your own personal use;

3.1.2 your own business use, but you may not, without our prior express written consent, assign, resell, lease, license, sub-license, or otherwise grant rights in or transfer such a domain name registration to any third party; and

3.1.3 to upload your own content, communication or material, providing that such content, communication or material complies with these Terms of Sale and all applicable law, regulations and industry codes of practice including, without limitation, laws, regulations and industry codes of practice governing advertising, consumer protection, distance selling, electronic commerce, data protection and privacy.

4. Third party service providers

4.1 In order to provide you with Services, Telnames uses the services of third party organisations including, but not limited to, other registrars accredited by the Internet Corporation for Assigned Names and Numbers (“ICANN”), which may undertake aspects of the Services on our behalf, including contacting you regarding your Service(s).

4.2 You acknowledge and agree that when you order domain registration services from Telnames under these Terms of Sale Telnames resells such domain registration services to you on behalf of a third party domain registrar (the “Registrar”). If you have ordered domain registration services from Telnames, you agree and acknowledge that, at all times while Telnames is providing you with such Services, in addition to being bound by these Terms of Sale, you will also be bound by the applicable terms and conditions of the Registrar, accessible from http://www.key-systems.net/docs/agb/en/AGB_englisch.pdf.

4.3 If, after you have ordered domain registration or renewal services from Telnames, Telnames proposes to change the Registrar to a new registrar (the “New Registrar”), Telnames shall notify you by email using the Administrative Contact and/or Registrant details on file for your domain name registration(s), following which you agree that you will, by notifying Telnames using the procedure described in the email, either:

4.3.1 transfer your domain(s) to the New Registrar, in which case you will be deemed to accept the applicable terms and conditions of the New Registrar; or

4.3.2 cancel your agreement with us under these Terms of Sale, in which case we will send you the information to enable you to:

(a) retain your domain registration services with the original Registrar; or

(b) transfer your domain registration services to a third party registrar of your choice.

4.4 You will not be able to transfer any domain that is under transfer lock, as set out in paragraph 11 below, until such domain is no longer under transfer lock.

4.5 If Telnames does not receive a response to such email notification in accordance with the procedure described in the email, you will be deemed to have elected to transfer your domain(s) to the New Registrar and to accept the applicable terms and conditions of the New Registrar in accordance with paragraph 4.3.1 above.

5. System performance degradation

5.1 To provide the Services and to provide timely information to Telnames' customer service team, Telnames depends upon its own and third party, including the relevant registry’s, computer systems. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, Telnames reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or travelling to the identified sources of the high volume traffic. Telnames will attempt to selectively restore Service(s) after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Telnames further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

5.2 You acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your Service(s) and/or your Telnames account may, in Telnames’ absolute discretion, be suspended while the matter is investigated and resolved.

6. Application for registration or renewal

6.1 If you submit an application to Telnames to register or renew a domain name, Telnames, as a domain name reseller, will, upon acceptance of your application, become your sponsor for that application.

6.2 No domain name registration or renewal will be effective unless and until:

6.2.1 you provide Telnames with a validly completed application for registration or renewal (as applicable);

6.2.2 we deliver the domain name registration or renewal application (as applicable) to the Registrar; and

6.2.3 such Registrar accepts your application and the .tel registry operator, Telnic Limited (the “Registry”) activates your domain name registration or renewal (as applicable).

6.3 You are solely responsible for making sure that your application for registration or renewal is correct and complete.

6.4 You will be entitled to a refund if your registration is unsuccessful.

6.5 You acknowledge and agree that Telnames:

6.5.1 does not guarantee that you will be able to register or renew your chosen domain name, even if: our systems indicate that that domain name is available; or you are able to complete an order with us with respect to such domain name;

6.5.2 cannot establish with certainty whether or not registration of the domain name you are seeking to register is simultaneously being sought by a third party;

6.5.3 cannot establish with certainty whether there are any inaccuracies or errors in the domain name registration or renewal process (as applicable) or related databases, including the various WHOIS or other registry databases;

6.5.4 is not liable or responsible in any way for a rejection of your application for registration or renewal, for any reason, including, but not limited to, due to a request for registration or renewal of a domain name which is prohibited or on a reserved list; and

6.5.5 is not responsible for any inaccuracies or errors in the domain name registration or renewal process, including, but not limited to, any errors, omissions or any other actions by any third party including the Registrar or Registry arising out of or related to your application for registration or renewal of, or failure to register or renew, a particular domain name.

7. Use of Services

7.1 By submitting an order to Telnames to register, maintain and/or renew the registration of a domain name; posting content on your .tel page; and/or using any other Services made available to you under these Terms of Sale, you hereby represent, warrant and undertake to Telnames that:

7.1.1 all statements you make and information you provide to Telnames (including, but not limited to, contact information) are complete and accurate and that you will notify us of any changes to such statements and/or information;

7.1.2 any such domain name registration and any and all content, communication or material that you post on your .tel page does not and will not infringe any third party rights (including, without limitation, any intellectual property rights), or be improper, unlawful, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene or racially, ethnically or otherwise unlawful, illegal and/or objectionable in any way;

7.1.3 you will not use any such domain name registration, hosting or other Services made available to you under these Terms of Sale for or in connection with any purpose that is improper, unlawful or illegal, including, without limitation, for the posting or transmitting of any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise unlawful, illegal or objectionable content, communication or material of any kind;

7.1.4 your order, posting or use of any other Services made under these Terms of Sale is not made and any such domain name will not be used in violation of any applicable laws or regulations, these Terms of Sale and / or any other Telnames' rules or policies; and

7.1.5 any such domain name conforms and will continue to conform with the Registry’s Acceptable Use Policy, which is published on the Registry’s website at http://www.telnic.org/policies.html.

7.2 You acknowledge and agree that Telnames determines and controls the website and IP address to which any domain name provided by us under these Terms of Sale resolves and that you may not change, or attempt to change such website and/or IP address. For the avoidance of doubt, you may not change, or attempt to change, the address record, DNAME record or CNAME record values assigned to any domain name provided by us under these Terms of Sale. If you change, or attempt to change, such address record, DNAME record or CNAME record values we and the Registry are entitled to take such immediate action as we deem or the Registry deems necessary, including but not limited to, revoking your domain name(s).

7.3 You agree and acknowledge that it is your responsibility to determine whether your domain name, any use of your domain name, any content you post on your .tel page and/or your use of any other Services made available to you under these Terms of Sale infringes or violates the rights of any third party.

8. Domain name Registrant

8.1 When registering or renewing a domain name with Telnames, you must designate a registrant for the domain name (the “Registrant”). If you order a domain name via the telephone, the telephone agent will register the person making the order as the Registrant (i.e. owner) of the domain unless you indicate otherwise. The Registrant has all rights granted by Telnames under these Terms of Sale to act with respect to both that domain name and any other Services ordered from Telnames for use with that domain name. These rights include (but are not limited to), the authority (where permitted by these Terms of Sale) to terminate, transfer or modify such Services. When registering or renewing a domain name with Telnames via a Mobile App, Telnames will use a default registrant template for the domain name which will appear in the WHOIS directory following registration. You can amend the default Registrant details in the 'Settings/Update your ownership details' section of the Mobile App.

9. Administrative Contact

When registering or renewing a domain name with Telnames, the designated Registrant will automatically be recorded as the administrative contact for the domain name (the “Administrative Contact”). You may request a different Administrative Contact by emailing us at support@telnames.com, in which case the Registrant will be responsible and liable to Telnames for all actions or omissions of such Administrative Contact. When registering or renewing a domain name with Telnames via a Mobile App, Telnames will use a default Administrative Contact template for the domain name, which you can amend in the same way as described above.

10. WHOIS technical and billing contacts

Telnames will be the designated WHOIS technical and billing contact for all domain names registered with, renewed with and transferred to Telnames.

11. Transfer lock

11.1 You acknowledge and agree that your domain name will be under transfer lock (which means you cannot transfer it to another domain name registrar):

11.1.1 during the first sixty (60) days from the effective date of the initial domain name registration; and

11.1.2 at any time after its expiration date (unless the expired domain name registration is renewed with Telnames prior to initiation of the transfer).

11.2 Transfer lock helps to prevent unauthorised transfers. When a domain name is in a "locked" status, it cannot be transferred to another registrar, even if the transfer is initiated by you, until it has been “unlocked”. If you find your domain name is under transfer lock please email support@telnames.com.

11.3 At any other time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our current Terms of Sale and policies and procedures governing such transfer.

12. Fees, service term, renewals

12.1 As consideration for the provision by Telnames of any Service(s) you order, you agree to pay Telnames the applicable fees for such Service(s) as set forth on the Site at the time you request the Service from Telnames. All fees are due and payable immediately, except as otherwise expressly stated in these Terms of Sale. All fees are non–refundable, in whole or in part, including but not limited to if your Service is suspended, cancelled or transferred by Telnames prior to the end of the then current Service term due to your breach of these Terms of Sale.

12.2 If you purchase any Service via telephone or a Mobile App, the payment transaction may be effected by a third party designated by Telnames to collect the applicable fees (usually, the provider of the mobile app store from which you downloaded the Mobile App onto your mobile device).

12.3 Telnames reserves the right to amend any fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you. Such amended or new fees will take effect:

12.3.1 in respect of any existing Service(s) for which you have already paid fees, from the date on which any renewal fees for such Service(s) are due from you; and

12.3.2 in respect of any Service(s) which you are not yet receiving from us, from publication of the amended or new fees on the Site.

12.4 If you do not accept any increased or new fees, you may cancel any Service(s) to which such fees relate and/or transfer any domain name registration(s) to another registrar, by notifying Telnames in accordance with paragraph 22, within 30 days of the date on which such fees take effect, such cancellation to take effect from the end of the then current Service term.

12.5 Each domain name registration is for a minimum one (1) year initial term, or such longer term as made available through the Telnames ordering and renewal screens on the Site.

12.6 Any renewal of your Service(s) before expiration of such Service(s) and any renewal or redemption processes implemented on your behalf after expiration of a Service(s) are subject to the then current version of our Terms of Sale, including, but not limited to, payment of all Service fees applicable at the time of renewal and, in the case of renewal of a domain name registration, the Registrar and subsequently the Registry’s acceptance of such renewal.

12.7 If you have opted to renew any Service(s) and pay any corresponding renewal fees automatically, we (or our designated third party payment provider, as applicable) will attempt to renew such Service(s) and take such payment(s) (using the payment method you have notified to us) thirty (30) days before the end of the applicable term.

12.8 If you have opted not to renew any Service(s) and pay any corresponding renewal fees automatically, we will attempt to send you a renewal reminder prior to the renewal of your Service(s) at least thirty (30) days in advance of the renewal date. In the case of a domain name registration, Telnames will attempt to send this reminder by email to the Administrative Contact and/or Registrant on file for the domain name registration.

12.9 Your user account will initially be set to renew your Service(s) and pay any corresponding renewal fees automatically, as described in paragraph 12.6. This is intended to protect your interest in retaining control over unique domain names. You will be able to change the settings of your user account using the tools we provide you so that renewal of your Service(s), and payment of any corresponding fees, will not occur automatically.

12.10 The term of your Service(s) shall automatically renew for one (1) more year at the date which is thirty (30) days before the end of the then-current term, unless you have opted for non-automatic renewal of your Service(s) using the process set out in paragraph 12.8. You will not be able to change the renewal settings of your user account during the last thirty (30) days of a term, and you agree that a renewal cannot be cancelled after this date.

12.11 As a reminder, we will notify you (by email to the Registrant on file for the domain name registration) of an upcoming automatic renewal of Services in reasonable time for you to change the settings of your user account to prevent automatic renewal of your Services if you wish to do so.

12.12 Whether or not you have opted to renew such Service(s) automatically, Telnames shall have no liability to you or any third party in connection with the renewal, any attempt to renew, any failure or errors in renewing or attempting to renew, any Service(s), including, without limitation, arising out of: Telnames’ inability to take payment(s) using the payment method you have notified to us (for example, because the payment card in respect of which you have provided details to Telnames for payment has expired); and/or in the case of renewal of a domain name registration, the Registrar’s or Registry’s refusal to accept such renewal.

12.13 You are solely responsible for ensuring your Service(s), including, but not limited to, any domain name registration, is (are) renewed. If a Service is not successfully renewed prior to the expiration of its then current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed, even if the Registrar or a third party service provider provides a grace period to Telnames upon expiration or termination of such Service.

12.14 In the event of any failure by you to make any payment which is due under these Terms of Sale, including, without limitation, any Service or renewal fee (for example, but without limitation, as a result of a charge back by a credit card company or other similar action by another payment provider), you acknowledge and agree that:

12.14.1 Telnames may, in its sole discretion suspend, cancel or terminate the Service for which such fee has not been paid; and/or

12.14.2 in the case of a domain name registration, Telnames reserves all rights regarding such domain name registration including, without limitation, the right to:

(a) transfer the domain name to Telnames (as the entity that has paid the applicable fee to the Registrar);

(b) otherwise modify the contact information in the WHOIS record for such domain name registration, including, without limitation, to include Telnames’ contact information or that of a third party;

(d) renew the domain name on behalf of a third party;

(e) sell or auction the domain name;

(f) otherwise make the domain name available to third parties;

(g) disable the domain name so that it no longer resolves on the internet; and/or

(h) modify the contact information in the WHOIS record for the expired domain name registration to include Telnames’ contact information or that of a third party.

12.15 We may reinstate any Service(s), which we have suspended, cancelled or terminated as a result of non-payment, solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then current reinstatement fee.

12.16 In the event of any cancellation, expiration or termination of a domain name registration for any reason, you acknowledge and agree that Telnames reserves all rights regarding such domain name registration including, without limitation the rights set out in paragraph 12.14.2 above and, typically, any expired domain name that is not sold, renewed or otherwise made available to a third party will be automatically deleted along with any associated .tel page and any content on such page. We therefore recommend that, and it is your responsibility to, keep your own copy of any such .tel page and content.

13. Username, password and account

13.1 The first time you apply to use a Service, you will create a user name and password. That user name and password are the means through which you access your Telnames account and certain functions of the Services. You acknowledge and agree that:

13.1.1 it is your responsibility to protect the confidentiality of your user name and your password and to prevent any unauthorised use of such user name and/or password; and

13.1.2 you will not share with anyone your user name and/or password.

13.2 You are responsible for:

13.2.1 maintaining the security of your account;

13.2.2 all activities that occur under your account and in connection with any Service(s) associated with your account; and

13.2.3 any other actions taken in connection with a domain name you register with us.

13.3 You agree to notify Telnames immediately of any unauthorised use or misuse of your account or any other breaches of security of which you become aware.

13.4 You acknowledge and agree that Telnames will not be liable for any loss or damage arising from your failure to comply with any of your obligations under this paragraph 13, including but not limited to, sharing, failing to secure and/or any unauthorised use or misuse of your user name, password and/or account.

14. Information and its use

14.1 You hereby acknowledge and agree that, in connection with your use of certain Services, you are required to provide certain information (including personal information) and to update promptly this information as needed to keep it current, complete and accurate. The personal information that you provide to us will be treated in accordance with our Privacy Policy and you agree to the uses of your personal information described in our Privacy Policy.

14.2 In the case of a domain name registration, administration or renewal, you are required to provide and update promptly all contact information required by the Registrar’s policies as set out at http://www.key-systems.net/docs/agb/en/AGB_englisch.pdf.

14.3 You acknowledge and agree that over the course of time, the categories of information required may change. If you do not wish to provide any new required information, your application to renew the registration may be refused.

14.4 You agree that Telnames:

14.4.1 is authorised (itself or through its third party service providers) to use certain addresses or billing correction services to verify and, where necessary, update and/or amend any inaccurate address or billing information (including, without limitation, registrant address, billing contact address, and credit card information) associated with your account and/or any Service(s) you receive; and

14.4.2 may use such updated and/or amended information for all purposes in connection with your account (including sending renewal notices or invoices or for automatic renewal charges).

14.5 You acknowledge and agree that, unless otherwise expressly agreed by us, your communications with Telnames are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Telnames.

15. Information provided on behalf of third parties

If, when applying for a Service, including, but not limited to the registration or renewal of a domain name, you provide information (including personal information) on behalf of a third party, you hereby represent and warrant that you have:

15.1.1 provided notice to that third party of the disclosure and use of that party's information as set forth in these Terms of Sale; and

15.1.2 obtained that third party's express consent to the disclosure and use of that party's information as set out in these Terms of Sale.

16. Other websites

16.1 Any domain name and .tel page provided to you by us as part of the Services may contain links to and from the websites of our affiliates or other third parties, including, without limitation, links which allow you to share or follow (such as through “share this” buttons) information on third party social networking websites. We offer this functionality to enable you to generate interest among the members of your social network(s) in the Services, including, without limitation, any domain name and .tel pages, that you are receiving from us.

16.2 We do not endorse or control the policies or practices of any such third party websites and they are not covered by these Terms of Sale. Use of such websites, and any services available through them, will be subject to the terms and conditions of the operators of such websites, which will be different from these Terms of Sale.

16.3 We recommend that you read the terms and conditions of such websites, to understand their specific terms of use, before you use them or any services available through them.

17. Intellectual property and data ownership

17.1 We confirm that we do not have any ownership interest in, and that, as between you and Telnames, you own all personal and other information you supply to us when you order any Service(s), subject to the remainder of this paragraph 17.

17.2 You hereby grant to Telnames and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, fully paid–up right and licence to use, including, without limitation, to copy, distribute, display, perform, transmit, create derivative works from or otherwise use in any way we deem fit, including without limitation granting unrestricted sub-licences to third parties:

17.2.1 the original creation date and expiration date of a domain name registration and/or any other Service(s);

17.2.2 any name, postal address, email address, voice telephone number, and fax number given to us of the contact person for any Service(s) and/or the Registrant, technical contact, Administrative Contact, zone contact and billing contact for a domain name registration, in so far as is necessary for us to provide you with any Service(s) and as otherwise set out in our Privacy Policy;

17.2.3 any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or Telnames’ database;

17.2.4 any content, communication or material which you upload to any domain, or communicate to us while using any other Services provided to you under these Terms of Sale, or which you otherwise communicate to us; and

17.2.5 any other information we generate or obtain in connection with the provision of the Services.

17.3 You acknowledge and agree that Telnames owns or is licensee of all intellectual property and other rights, title and interest worldwide in all other content and data available on the Site, including, without limitation, Telnames’ domain name and other proprietary information databases, and all information and derivative works generated from those databases.

18. Liability

18.1 Nothing in these Terms of Sale excludes, restricts or affects your legal rights as a consumer, including your statutory rights.

18.2 To the maximum extent permitted under applicable law, Telnames and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for the following categories of loss or damage (whether in contract, tort or otherwise and whether such loss or damage was foreseen, foreseeable, known or otherwise) that may result to you or a third party in connection with the Services and/or the Site or Mobile App or the use, inability to use or the results of use of the Site, Mobile App and/or Services: indirect, punitive or consequential loss or damage; loss of revenue, income, profits, goodwill, data, contracts or use of money; and loss or damage arising from or connected in any way to business interruption.

18.3 Nothing in these Terms of Sale limits our liability in the case of death or personal injury caused by our negligence or the negligence of our employees, or where we have acted fraudulently, subject to which our total liability to you under these Terms of Sale for any losses suffered by you will never exceed the total amount paid by you to us for the Services.

19. Indemnification

19.1 You agree to defend, indemnify and hold harmless Telnames, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable legal fees, resulting from any third party claim, action, or demand arising out of or related to:

19.1.1 your use of or connection to any domain name registration or other Service(s), including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name;

19.1.2 your breach or violation of any term, condition, representation or warranty of these Terms of Sale.

20. Disclaimer of warranties

20.1 Although we will use reasonable skill and care and attempt to provide you with the best possible service, we cannot guarantee that any Service will never be faulty. However, we will correct reported faults as soon as we reasonably can.

20.2 Telnames makes no representations or warranties of any kind whatsoever that registration or use of a domain name under these Terms of Sale will immunise or protect you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.

21. Suspension, cancellation, transfer or modification of Service(s)

21.1 You acknowledge and agree:

21.1.1 that Telnames may, in so far as is reasonable, within (30) calendar days of the creation date of a domain name registration, suspend, cancel, transfer or modify such domain name registration, without notice to you.

21.1.2 that Telnames may, at any time, in its sole discretion and without notice to you suspend, cancel, transfer or modify your use of any Service(s), including, without limitation, a domain name registration, as follows:

(a) to correct mistakes made by Telnames, the Registrar, or the Registry or other service provider involved in the provision of the Service(s);

(b) to resolve a dispute related to that domain name;

(c) if you materially breach these Terms of Sale (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Telnames;

(d) if you use any domain name registered with Telnames or associated website to send unsolicited commercial communications;

(e) if you use any domain name registered with Telnames or associated website in connection with unlawful activity;

(f) if you use any domain name registered with Telnames or associated website contrary to the Registry’s Acceptable Use Policy, available at: http://telnic.org/downloads/AUP.pdf ; and/or

(g) if Telnames receives what reasonably appears to be an authentic notification from a court of competent jurisdiction or an arbitration award, which requires the suspension, cancellation, transfer or modification of any Service(s), including, but not limited to, any domain name registered with Telnames;

21.1.3 that any domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to:

(a) the UDRP;

(b) any ICANN adopted policy;

(d) any registrar or registry procedures; and

21.1.4 that Telnames shall not be liable to you or to any third party for any such suspension, cancellation, transfer or modification.

22. Notices and contacting Telnames

You acknowledge and recognise that all contact with Telnames in the first instance should be made via the support material provided on the Site or by sending an email to our support team at support@telnames.com. Telnames will endeavour to respond to all email requests within one (1) working day.

23. Force majeure

Except in respect of a payment obligation, neither party shall be liable for any delay or failure to perform any obligations under these Terms of Sale if such delay or failure is due to a circumstance beyond its reasonable control, including, but not limited to, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure ("Force Majeure"). If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of both parties’ obligations will be suspended. If a delay or failure by a party to perform its obligations due to Force Majeure exceeds thirty (30) days, the other party may immediately terminate these Terms of Sale on providing notice in writing to the other party.

24. Conflicts with other agreements

In the event of any conflict between these Terms of Sale and any other terms and conditions, including, but not limited to, any terms and conditions governing your use of any service(s) provided by Telnames’ third party service providers or any registrar or registry, these Terms of Sale shall govern in relation to any rights and remedies as between you and Telnames.

25. Entire agreement and paragraph headings

25.1 These Terms of Sale contain the entire agreement between us and you relating to your use of the Services and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you. For the avoidance of doubt, these Terms of Sale do not govern your use of the Site or Mobile App (except in connection with your use of the Services, which is governed by the Terms of Use).

25.2 The paragraph titles in these Terms of Sale are for convenience only and have no legal or contractual effect.

26. Waiver and severance

26.1 If you breach these Terms of Sale and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach the Terms of Sale.

26.2 In the event that any provision of these Terms of Sale is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these Terms of Sale shall continue in full force and effect.

27. Assignment, no partnership and third parties

27.1 These Terms of Sale are personal to you and are entered into by you for your own benefit and not for the benefit of any third party. You may not, without our prior express written consent, assign, resell, lease, license, sub-license, or otherwise grant rights or transfer to any other person any or all of your rights and obligations under these Terms of Sale.

27.2 Nothing contained in these Terms of Sale shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

27.3 These Terms of Sale shall not be construed to create any obligation by Telnames to any person who is a not a party to these Terms of Sale and no such person has any rights or a right to enforce any rights under these Terms of Sale.

28. Amendments

Except as set out in paragraph 1, neither party (including, but not limited to any employee, contractor, agent or representative of Telnames or its subsidiaries) is authorised to alter or amend these Terms of Sale except by means of a written document signed by you and an authorised officer of Telnames.

29. Language, governing law and jurisdiction

29.1 English is the only language offered for these Terms of Sale.

29.2 These Terms of Sale shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms of Sale shall be subject to the exclusive jurisdiction of the English courts.