Terms of Service

Terms and Conditions of Service

This policy represents the BarclayJames Limited Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for services with BarclayJames Limited. BarclayJames Limited reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.

In order to make this policy easier to read it has been divided into a number of sections listed on this web page, however for the purpose of this policy they should be considered to be a single policy.

Customers using any services offered by BarclayJames Limited consent to be bound by and must comply with all policies in this TOS. At the sole discretion of BarclayJames Limited, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, SUBSCRIBING TO OR IN ANY MANNER UTILISING ANY SERVICE PROVIDED BY BARCLAYJAMES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING BARCLAYJAMES LIMITED PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

In consideration for BarclayJames maintaining one or more accounts (each “account”), you agree to the following terms of service.

GENERAL

Application of Conditions

1.2.1 These Conditions, the Order Form and any terms specifically agreed in writing by BarclayJames Limited supersede any terms stipulated by the Customer in any negotiations or any course of dealing between BarclayJames Limited and the Customer.

1.2.2 The Customer acknowledges that there are no representations outside the Contract that have induced it to enter into the Contract, and the Contract constitutes the entire understanding between the parties for the provision of the Services. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.

1.2.3 Unless otherwise provided in these Conditions no modification of the Contract shall be effective unless agreed in writing by a duly authorised representative of BarclayJames Limited.

1.2.4 BarclayJames Limited may from time to time amend these Conditions and any such amendment will be displayed at least one month prior to the implementation of the amendment. If the Customer is a consumer it may end the Contract by written notice at any time up to the date on which the amendment comes into force. Should the Customer place an Order or continue to use the Services following implementation of an amendment it will be deemed to have accepted the amendment.

1.3 Obligations of the Customer

1.3.1 The Customer shall not:

1.3.1.1 Transmit any Data or otherwise use our products or services in a manner which, we consider in our discretion in any way involves or includes or relates to conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, invasive of another’s privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;

1.3.1.2 submit to BarclayJames Limited any Order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the Intellectual Property Rights of any third party;

1.3.1.3 use the BarclayJames Server or any of the Services in any way that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation.

1.3.1.4 reverse engineer, de code or in any way disassemble any software provided by BarclayJames Limited in relation to the provision of the Services;

1.3.1.5 use the BarclayJames Server or any of the Services to send, relay, upload, post or receive replies to any unsolicited or unauthorised e mail messages, mobile phone messaging or any other form of messaging, promotional materials, junk mail, spam, chain letters or other form of solicitation ;

1.3.1.6 advertise a Customer Site, domain or any product or service offered by or through a Customer Site or domain hosted by BarclayJames Limited using unsolicited or unauthorised means including junk mail, spam, chain letters or any other form of solicitation; or

1.3.1.7 enter any incorrect or incomplete name, address, email address or telephone number or any other false information on the Order Form or otherwise enter information intended to conceal the Customer’s identity. The Customer further acknowledges that it is its responsibility to notify BarclayJames Limited of any changes to its details and to ensure that those details provided are kept up to date.

1.3.2 In the event of any breach of the provisions of clause 1.3.1 by the Customer, BarclayJames Limited reserves the right forthwith to withdraw, suspend or cancel the Services.

1.3.3 The Customer acknowledges that it is solely responsible for maintaining adequate insurance cover in respect of any loss or damage relating to the provision of the Services.

1.3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst BarclayJames Limited has taken steps to safeguard the security of some information (i.e payment details) the Customer inputs on the Website or sends to BarclayJames Limited on the internet by using secure servers and Secure Sockets Layer (“SSL”) technology which encrypts the information the Customer inputs on its system before it is transmitted to BarclayJames Limited, BarclayJames Limited is not and will not be responsible for any damages the Customer may suffer as a result of the loss of confidentiality of such information.

1.4 Obligations of BarclayJames Limited

1.4.1 In the event that the Customer submits any Order or uses any or all of the Services in such a way as may in BarclayJames Limited’s opinion expose BarclayJames Limited to the risk of legal or other proceedings or expose BarclayJames Limited to loss or damage of any kind, BarclayJames Limited reserves the right to refuse to process or continue processing any Order or to withdraw, suspend or cancel the Services or take any other action as it in its absolute discretion it sees fit.

1.4.2 BarclayJames Limited will comply with all applicable data protection legislation in relation to the personal details that the Customer provides on the Order Form. All information provided to BarclayJames Limited will be dealt with in accordance with BarclayJames Limited’s privacy policy which can be found on the Website. The Customer acknowledges that BarclayJames Limited is under no obligation to edit, review or modify information provided by or on behalf of the Customer. In order to maintain the integrity of the service, BarclayJames Limited reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, BarclayJames Limited may also forward contact details where a complaint arises concerning the Customer’s use of the Service and where that use is deemed by BarclayJames Limited to be inconsistent with these user conditions.

1.4.3 In the event that software that has been developed by third parties (“Third Party Software”) is available to the Customer through the Website and such, Third Party Software is licensed to the Customer pursuant to separate terms (“Third Party Licenses”) the Customer agrees that he has had the opportunity to review the Third Party Licenses and agrees to comply with them. In the event of a conflict between these Conditions and a term of a Third Party License, the terms of the Third Party License controls with respect to the applicable Third Party Software only.

1.5 Fees

1.5.1 The Customer shall pay to BarclayJames Limited the Fees, inclusive of any additional costs incurred by BarclayJames Limited in processing an Order (subject to clause 1.5.4).

1.5.2 The Fees shall be paid by the Customer, without set off or counterclaim.

1.5.3 The Customer acknowledges that the provision of the Services is conditional on BarclayJames Limited receiving payment of the Fees in full and in the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, BarclayJames Limited reserves the right forthwith to withhold, suspend or cancel the Services.

1.5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. BarclayJames Limited shall obtain the Customer’s written consent before incurring such charges.

1.5.5 Interest will be charged on overdue accounts at a rate of 4% above the base rate from time to time in force of The RBS Group or such other rate as may be published on the Website. Such interest will be calculated on a daily basis from the date payment was due until the date payment is received (including any time following the entry of judgement) and will be compounded monthly.

1.6 Bulk Discounts

If the Customer places an Order for multiple items where the relevant Fee is advertised on the Website as a discounted Fee and one or more of the items ordered is unavailable then BarclayJames Limited reserves the right to charge the Customer for the advertised discounted Fee for the number of items actually available.

1.7 Refunds and Credits

Unless otherwise provided in the Contract the Customer shall not be entitled to any refund of Fees or a credit against any future Order.

1.8 Indemnity

The Customer shall indemnify, defend, and hold BarclayJames Limited and its suppliers, affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable legal costs and expenses, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto BarclayJames servers. Such liabilities may include, but are not limited to, those arising from the following:

(a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to BarclayJames Limited equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by BarclayJames Limited’s gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business. (e) BarclayJames Limited will not be held responsible for damages claimed by any reseller customer.

(i) access to and/or use of the Services by the Customer;
(ii) any information, data or material produced, transmitted or downloaded by the Customer;
(iii) any breach by the Customer of any of the provisions of these Conditions or of any law, code or regulation relating thereto or to the internet.

1.9. Suspension and Termination

Without prejudice to any of its other rights, either party shall have the right to immediately terminate the Contract and BarclayJames Limited may also suspend or restrict the Services to the Customer, if:

1.9.1 the Customer commits any material or repeated breach of the Contract and/or, fails to remedy any breach which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 1.3, 1.4 or 1.5 may be deemed a non-remediable breach and BarclayJames Limited may immediately suspend or restrict the Services without notice to a Customer breaching these clauses. In the case of a suspected breach by the Customer BarclayJames Limited will take whatever steps it believes necessary to investigate and resolve matters;

1.9.2 the other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the Contract) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.

1.10. Resellers

1.10.1 If the Customer is acting in the capacity of a reseller of the Services or on behalf of a third party the Customer agrees:

1.10.1.1 to ensure that its customers or the third party are bound by the Conditions or terms and conditions no less exhaustive than the Conditions;

1.10.1.2 to ensure that at all times it acts in accordance with its customers’ instructions;

1.10.1.3 to ensure that it seeks permission from its customers before passing any of their personal details to BarclayJames Limited;

1.10.1.4 to provide all appropriate support to its customers including without limitation general customer services, billing and collection of fees and technical support;

1.10.1.5 to use commercially reasonable efforts to inform its customers when a domain name registration is due for renewal at least thirty (30) days prior to the end of the applicable registration term;

1.10.1.6 not to incur any liability on the part of BarclayJames Limited; and

1.10.1.7 not to make any representation or warranty on behalf of or pledge the credit of or otherwise bind BarclayJames Limited

1.10.2 BarclayJames Limited reserves the right to contract with the Customer’s customer directly in relation to the provision of the Services on termination of the Contract with the Customer howsoever arising and/or in the event that BarclayJames Limited is unable to contact the Customer and/or in the event that BarclayJames Limited receives a complaint from the Customer’s customer providing that the Customers customer has requested BarclayJames Limited to contract with them.

1.11. Proprietary Rights

The Customer acknowledges that all title, rights and interest in the Services shall remain with BarclayJames Limited and/or its suppliers and that the Customer shall not under any circumstances obtain any proprietary rights in respect of the Services.

1.12. Force Majeure

Neither party shall be in breach of the Contract if there is any total or partial failure of performance by it of its duties and obligations under the Contract occasioned by any act of God, fire, act of Government or State, war, civil commotion, insurrection, embargo, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under the Contract as a direct result of the effect of one of those reasons, that party shall give written notice to the other of the inability which sets out full details of the reason in question. The operation of the Contract shall be suspended during the period in which the reason continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall give written advice to the other of this fact. If the reason continues for a period which substantially affects the commercial intention of the Contract, the party not claiming relief under this clause 1.12 shall have the right to terminate the Contract upon giving 7 day’s written notice of such termination to the other party.

1.13. Assignment

The Contract is personal to the Customer and the Customer’s rights may not be assigned, sub licensed or transferred in any way.

1.14. Severability

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Contract howsoever occasioned.

1.15. No Waiver

No waiver by BarclayJames Limited shall be construed as a waiver of any preceding or succeeding breach of any provision.

1.16. Notices

Any notice or other documents given under the Contract shall be given in writing and in English and shall be deemed to have been duly given on the date of dispatch if hand delivered or sent by first class post, express, airmail, other fast postal service, registered post or telex, facsimile or other electronic media to the last known address of the party to whom the notice is addressed. To prove the giving of notice or other document it shall be sufficient to show that it was dispatched.

1.17. Governing Law

The validity, construction and performance of the Contract shall be governed by English law and the parties hereby submit to the jurisdiction of the English Courts.

FEES & PAYMENTS

2.1 Fees – BarclayJames charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.

2.2 Set-Up Fee – This is a one time fee that may be charged in connection with the establishment of a new account.

2.3 Service Fee – This is the fee for monthly, 1 year, 2 year and 3 year web hosting.

2.4 Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.

2.5 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.

2.6 Change of Plans: BarclayJames also reserves the right to alter, change, amend, or delete fees at its sole discretion. BarclayJames further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

2.7 BarclayJames reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. BarclayJames also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

2.8 Payment of Fees – BarclayJames accepts payment by credit card (Visa, MasterCard), Bank Transfer or by Paypal.

2.9 Payment Obligations: Full payment is required in advance before hosting service is established. BarclayJames sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that BarclayJames may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a £25 fee for bounced cheques and a £25 processing fee for chargebacks.

2.10 Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to BarclayJames sixty (60) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.

2.11 Cancellation & Refunds: Should you become dissatisfied with our web hosting services within the first 30 days of your account activation, BarclayJames will refund your hosting fees, subject to the money back guarantee terms listed in this agreement. There are no refunds on setup fees, domain registrations, or for pre-paid accounts after the 30 days of account activation. You may, however, cancel your account at any time. You will need to contact customer service and verify your information before cancellation takes place. Accounts which have negative balances or fees owing will have all respective services terminated, including hosting accounts with applicable domain registrations. Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a BarclayJames customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process.

SUSPENSION AND TERMINATION

At the sole discretion of BarclayJames, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, BarclayJames may suspend your account by deactivating any access by you and/or by web users to any information contained on the BarclayJames servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of BarclayJames, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

a) Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the BarclayJames servers. Such information or data may or may not be made available to you by BarclayJames after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of BarclayJames. In the event of termination, there will be no refund provided to you.

AMENDMENT

BarclayJames may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the BarclayJames websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer’s responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer’s continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.

Definitions

In these Conditions, the following words and expressions have the following meanings

• “We” “Us” “Provider” “BarclayJames Web Hosting “BarclayJames” or “BarclayJames Limited” means BarclayJames Limited (Company Number: 08611422) and any of its Trading Names including but without limitation BarclayJames Web Hosting, whose registered office is at 4 Chester Court, High Street, Knowle, West Midlands, B93 0LL, and its employees, agents or sub contractors (as appropriate).

• “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for the provision of services or is a designate of anyone who applies for the provision of services from BarclayJames Limited or the person or entity to whom BarclayJames Limited has agreed to provide the Services and whose details appear on the Order Form.

• “Accredited Registrar” means an ICANN accredited registrar

• “Back-up Services” means the data back-up, storage and restoration service provided by BarclayJames Limited

• “Bot” means a piece of software designed to complete a minor but repetitive task automatically or on command, especially when operating with the appearance of a (human) user profile or account. An “Eggdrop Bot” is an open source Internet Relay Chat (IRC) bot.

• “Conditions” means these terms and conditions and terms of service

• “Contract” means the contract for the provision of Services by BarclayJames Limited to the Customer governed by the Order Form and these Conditions

• “Customer Server” means any computer server equipment operated and owned by the Customer

• “Customer Site” means any Website of the Customer which is the subject of the Hosting Services

• “Customer Data” means data provided to BarclayJames Limited by the Customer for the purpose of BarclayJames Limited providing the Services.

• “Data” includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form

• “Dedicated Server” means the computer server equipment provided by BarclayJames Limited for the sole use of a single customer

• “Dedicated Server Services” means the provision of a Dedicated Server for use by the Customer

• “Domain Name Services” means the processing of Orders with the Relevant Naming Authority on the Customers’ behalf and such additional services as may be agreed between the parties.

• “DOS Attack” means an attempt via a denial-of-service attack to make a computer resource unavailable to its intended users

• “BarclayJames Server” means the computer server equipment operated by BarclayJames Limited for the provision of the Services

• “Email Services” means the email services provided by BarclayJames Limited

• “Fees” means the fees published (including the Pre-registration Fee and Deposit payable in respect of the Pre-registration Services) by or on behalf of BarclayJames Limited from time to time on the Website and payable in pounds sterling

• “Global Domains” means domains which are not country specific including without limitation .com, .net, .org, .info, .biz and .name

• “Hosting Services” means Web-Hosting Services, Email Services, Co location Services, Dedicated Server Services and Back-up Services, collectively known as the Hosting Services

• “Intellectual Property Rights” means any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trademarks or names and patents in each case whether registered or unregistered names

• “IRC” means the Internet Relay Chat, a form of real-time Internet chat or synchronous conferencing

• “Order” means the Customers application for the Services

• “Order Form” means the order form and customer sign up pages annexed to these Conditions or as displayed by or on behalf of BarclayJames Limited on the Website as at or prior to the date of the Contract

• “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000

• “Registry” Means the organisation that has been granted the rights to maintain the definitive database of registrations for a particular TLD, namely Verisign for .com, .net and .org domains, Neulevel for .biz domains, Afilias for .info domains and Global Name Registry for .name domains

• “Relevant Naming Authority” means Nominet UK for UK domain names, ICANN for international domain names and the .TV Corporation for .tv domains

• “Roll-Off Period” means the period of seven (7) days from the date of termination or expiry of this Service.

• “Secure Hosting Services” means the website hosting services provided on BarclayJames’ Secure Servers

• “Secure Shell (SSH)” means a network protocol that allows data to be exchanged using a secure channel between two networked devices

• “Service Levels” means those service levels set out in the Service Availability Agreement.

• “Secure Server” means a BarclayJames Limited Server that has a recognised digital certificate installed to allow SSL (Secure Socket Layer) encryption

• “Services” means any services provided by BarclayJames Limited to the Customer under this Agreement including without limitation Pre-registration Services, Domain Name Services, Hosting Services, Email Services, Web Re-direction Services, Co location Services, Dedicated Server Services and Search Engine Submission Services

• “Shared Certificate” means a shared certificate encryption ID issued by Digicert

• “Site Seal” means a seal issued by Digicert that enables a visitor to the seal owner’s website to link to a page at Digicert’s website, which shall display certain authentication information related to the organisation and domain listed in the seal

• “Transmit” includes use, facilitate (e.g. by operating chatroom, discussion groups, FTP sites etc) generate, link to, upload, post, publish, download, store, disseminate, email, send or receive via or in any way connected with our goods or services

• “Web-Hosting Services” means the website hosting services provided by BarclayJames Limited

• “Website” means BarclayJames Limited’s Website accessible via the Internet address or such other address as BarclayJames Limited shall notify to the customer from time to time.

• “Web Re-direction” means a service provided by BarclayJames Limited whereby a domain can be configured so that it re-directs an internet user to a website located at a different internet address.

 

Where appropriate, words denoting a singular number only shall include the plural and vice versa and words referring to an individual shall include a firm or company as appropriate and vice versa.

References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and all statutory instruments or orders made pursuant to it.

All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by more than one person in this Agreement are given or entered into jointly and severally.

The headings in these Conditions are inserted only for convenience and shall not affect their construction.

Acceptable Usage Policy

ACCEPTABLE USE

a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of BarclayJames or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to BarclayJames or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. BarclayJames will be the sole and final arbiter as to what constitutes a violation of this policy. BarclayJames does not normally monitor the contents of clients servers; however, if suspicion occurs, BarclayJames reserves the right to investigate and terminate the client’s subscription to the service.

b) Bandwidth Usage: BarclayJames offers a generous amount of data transfer per month. BarclayJames reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. A website is considered using “excessive amounts of resources” when it monopolizes the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous situations where such problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. BarclayJames will be the sole and final arbiter as to what constitutes a violation of this policy.

d) No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a BarclayJames server is not tolerated. This includes any email that promotes websites hosted on a server located on the BarclayJames network, but which is sent from an email address not associated with a BarclayJames account. The client shall not use his/her BarclayJames services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. BarclayJames reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a minimum £200 clean-up fee if an account or VPS or Dedicated Server was suspended for policy violation. In the event of a dispute BarclayJames reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.

e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact BarclayJames concerning unethical, false, or unlawful activities by you, BarclayJames reserves the right to terminate your service without notice.

f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client’s use of the services.

g) Back-Up Files: BarclayJames provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. BarclayJames currently does not utilize any back-up services and is not responsible for any lost data.

h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on BarclayJames servers or other equipment that will in any way adversely affect the performance of said equipment.

i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity’s intellectual property rights including rights of privacy and rights of publicity is prohibited. BarclayJames is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.

j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).

k) Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any ‘hacking’ activity and agrees that ‘hacking’ as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.

l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. BarclayJames will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.

m) Other Illegal Activities: The use of the services to engage in any activities that are determined by BarclayJames, in its sole and absolute discretion, to be illegal or which in BarclayJames opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. BarclayJames will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.

n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.

o) Data Warehousing: The servers provided by BarclayJames are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. BarclayJames servers are intended for web enabled services and hosting.

p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat (“IRC”), Peer To Peer File Sharing (“P2P”), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.

q) Other Prohibited Activities: Engaging in any activity that, in BarclayJames sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, BarclayJames business, operations, reputation, goodwill, customers and/or customer relations, or the ability of BarclayJames customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with BarclayJames in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.

Disclaimer, Limitation of Liability and Copyright

Liability

IN NO EVENT SHALL BARCLAYJAMES LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE BARCLAYJAMES SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF BARCLAYJAMES SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BARCLAYJAMES LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARCLAYJAMES MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BARCLAYJAMES LIMITED FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BARCLAYJAMES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

1.1 BarclayJames Limited warrants to the Customer that the Services will be provided using reasonable care and skill.

1.2 Except as set out expressly in these conditions, BarclayJames Limited excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the Services whether imposed by statute or operation of law or otherwise including but not limited to implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.

1.3 Whilst BarclayJames Limited makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall BarclayJames Limited or it’s suppliers be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:

1.3.1 any increased costs or expenses;

1.3.2 any loss of profit, business, contracts, revenues, or anticipated savings;

1.3.3 the consequences of any failed or unsuccessful domain name, registration;

1.3.4 any claims that the domain name registered or requested by the Customer to be registered by BarclayJames Limited on behalf of the Customer or that any Customer Site or material on a Customer Site infringes the Intellectual Property Rights;

1.3.5 the consequences of any errors or interruption in the Services ;

1.3.6 any failure of e mail including without limitation non receipt and mis routing; or

1.3.7 any changes in any of BarclayJames Limited’s facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer’s equipment or software;

1.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by BarclayJames Limited of the Services or the performance by BarclayJames Limited of the Contract.

1.4 Notwithstanding anything contained in the Contract BarclayJames Limited’s liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the Fees paid by the Customer for the Services.

1.5 The Customer expressly acknowledges that the provisions of this clause 1.9 satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and that it shall be stopped from claiming to the contrary at any future date in the event of any dispute with BarclayJames Limited concerning BarclayJames Limited’s liability hereunder.

1.6 Where the Services are performed under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.

Third Party Services

Some of the services we provide (domain names, SSL certificates) are fufilled by a third party provider. For instance, an SSL certificate is provided by a root certificate provider (Digicert), and domain names are provided by the organisation in charge of that namespace (e.g. Nominet for UK domain names). Whilst we always pass your orders on to these third party entities in a timely fashion, we unfortunately cannot be held liable for any failings on their behalf.

All third party software and hardware shall be sold subject to your acceptance of the relevant supplier’s software licence for such third party software. Where possible, we shall forward to you any and all representations and warranties we receive from the respective third party software supplier.

Notice

Any notice or communications required or permitted to be delivered by us to you shall be deemed to have been given if delivered by e mail in accordance with the contact information that you have provided.

Amendment in Writing

We may update or amend these terms and conditions from time time to comply with law or to meet our changing business requirements.

Disclaimer of Warranty

The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. BarclayJames Limited will pursue all resources and channels available to maintain maximum uptime; however, BarclayJames Limited is not responsible for any down time caused by a customer’s error.

BARCLAYJAMES LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither BarclayJames nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of BarclayJames Limited, even if BarclayJames Limited has been advised to the possibility of such damages.

ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by BarclayJames. Any other attempted transfer or assignment of rights hereunder shall be null and void.

You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and BarclayJames is the domain name registrar, please request our “domain name transfer instructions” by sending an email to support@barclayjames.co.uk. We will send you the specific details and information about transfer of ownership.

Web hosting services accounts from BarclayJames are not transferable and cannot be assigned to another individual.

BarclayJames may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of BarclayJames.

Whole Agreement

This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

Nothing in this clause operates to limit or exclude any liability for fraud

Severance

If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Governing law and Jurisdiction

This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Web Hosting Services

BarclayJames will provide web hosting services or internet server rental (“the service”) to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows BarclayJames members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, BarclayJames agrees to provide these services according the plan selected by you upon activation of your account. BarclayJames reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the BarclayJames website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

BarclayJames members will use the provided services in a manner consistent with any and all applicable county and federal laws. BarclayJames provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, BarclayJames can terminate a client’s account without notification.

BarclayJames Amateur Radio Web Hosting services are subject to storage limitations of 1Gb (“Gigabyte”) per account.

Reseller Accounts: BarclayJames Resellers are responsible for supporting their own clients. Resellers are not allowed to modify or add any capacity over those provided by the plan they have purchased. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. BarclayJames will hold any reseller responsible for any of their clients’ actions that violate the law or as they pertain to the terms of service. Shared web hosting accounts may not resell web hosting services, if you wish to resell web hosting you must use a reseller account.

 

 

Other Services

BarclayJames offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the BarclayJames Web Hosting website.

Privacy Registration Service

Upon request, the BarclayJames member may elect to use BarclayJames Privacy Registration Service. If so, you agree to be bound by the terms of BarclayJames, which may be found on the Barclayjames Web Hosting website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all BarclayJames services.

BarclayJames offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org.

IP Address Ownership

During the course of providing services to a customer, BarclayJames may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, BarclayJames shall retain ownership of any IP address or addresses used by the customer under this agreement, and that BarclayJames reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Web Design and Development

WHAT BOTH PARTIES WILL AGREE TO

As our customer, you have the power and ability to enter into this agreement on behalf of your company or organisation.  You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment plan set out in the Schedule.

Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.  On top of this we will also maintain the confidentiality of any information that you give us.

GETTING DOWN TO THE NITTY GRITTY

We will create designs for the look-and-feel, layout and functionality of your web site.  This contract includes one main design plus the opportunity for you to make up to two rounds of revisions.  If you’re not happy with the designs at this stage, you will pay us in full for all the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in the Schedule.

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work.  We don’t want to limit either your options or your opportunities to change your mind.

The price shown in the Schedule is based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve.  If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem.  You will be charged the daily rate set out in the Schedule we gave you.  Along the way we might ask you to put requests in writing so we can keep track of changes.

If the project includes HTML markup and CSS templates we will develop these using HTML5 and CSS2.1 and CSS3 for styling.  The landscape of web browsers and devices changes regularly and our approach is to look forward, not  back.  With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them.  Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.  For people using Microsoft Internet 6, this means a universal, typographically focussed design but no layout.  We will also test that these templates perform well on Apple’s iPad and iPhone.

COPYRIGHTS

You guarantee to us that any elements of text, graphics, photos, designs, trademarks or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.  When we receive your final payment, copyright is automatically assigned as follows:

•    You will own the graphics and other visual elements that we create for you for this project.  We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

•    You also own text content, photographs and other data you provided, unless someone else owns them.  We own the XHTML mark up, CSS, Themes, Templates and any other code and we license it to you for use on the website noted in the order form or contract. BarclayJames Limited reserves the right to cancel this license at any time.

THE FINE PRINT

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.  As we’re also sure you’ll want to stay friends, you agree to adhere to our 14 day payment terms.

We cannot guarantee that the functions contained in any web page, templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission.  This contract stays in place and need not be renewed.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Domain Registrant Agreement

1. Obligations of the Customer

1.1 The Customer shall not use any domain name registered by BarclayJames Limited on behalf of the Customer to communicate, reproduce, transmit, store or knowingly receive any material that is offensive, abusive, indecent, defamatory, obscene, menacing or in breach of confidence or which infringes the Intellectual Property Rights of any third party.

1.2 The Customer acknowledges that the registration and use of domain names is subject to the terms and conditions of the Relevant Naming Authority and accordingly agrees to be bound by them. The registration and use of UK domain names is governed by Nominet UK, the registration and use of international domain names (.com, .net, .org, .biz, .info and .name) which are governed by ICANN is performed through BarclayJames Limited in conjunction with Public Domain Registry (PDR), ResellerClub or OrderBox. In submitting an Order the Customer will be deemed to have read and understood the terms of the relevant registration agreement, which can be reached via the following links:

Nominet
Public Domain Registry
ResellerClub / OrderBox

1.3 The Customer hereby authorises BarclayJames Limited to act as the administrative, technical and billing contact on all Global Domains and to perform all functions associated with these roles. The Customer may act as the administrative contact providing it has submitted a written request to BarclayJames Limited and where the Customer is acting as the administrative contact it acknowledges that in relation to its role as administrative contact it is solely responsible for its acts and omissions and the consequences thereof. BarclayJames Limited does not allow the Customer to act as the technical/billing contact and if the Customer wishes to act as the technical and/or billing contact it will have to transfer the domain away from BarclayJames Limited who can accept no further responsibility for the domain.

1.4 The “.biz” domain is intended for business use only and in submitting an Order for a “.biz” domain the Customer warrants that the domain will be used for business purposes.

1.5 The “.name” domain is intended for an individual’s personal use only and in submitting an Order for a “.name” domain the Customer warrants that it is either registering its own name or a close variation thereof or that it is registering a fictional name to which it owns the rights.

1.6 The “.me.uk” domain is intended for an individual’s personal use only and in submitting an Order for a “.me.uk” domain the Customer warrants that it is registering a name or a close variation thereof that belongs either to the Customer or to another individual that has authorised the Customer to do so.

2. Obligations of BarclayJames Limited

2.1 BarclayJames Limited shall use its reasonable endeavours to obtain registration of the domain names requested.

2.2 BarclayJames Limited does not warrant or guarantee that the domain name requested by the Customer will be registered or be capable of registration and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.

2.3 The Customer acknowledges that any domain names registered by BarclayJames Limited on the Customers’ behalf may subsequently be suspended or cancelled by persons other than BarclayJames Limited.

2.4 If required by the Customer, BarclayJames Limited will host any domain name registered through BarclayJames Limited on BarclayJames Limited’s name-servers and provide Web Re-direction and e-mail forwarding services PROVIDED ALWAYS that the domain name is managed by BarclayJames Limited and BarclayJames Limited remains the technical and billing contact. The Customer acknowledges that if the domain is transferred to another registrar or management of the domain is transferred to another service provider or if the technical and/or billing contact is changed BarclayJames Limited will no longer be under any obligation to host the domain and/or provide web re-direction and/or e-mail forwarding.

2.5 If the Customer does not make use of the Web Re-direction service for a domain, it will be re-directed to a holding page or other website. The Customer agrees that BarclayJames Limited may amend the content of any holding page or change the destination of any re-direction is at its sole discretion. This does not in any way affect the Customer’s right or ability to make use of the Web Re-direction facility as and when the Customer chooses until such time as the domain name licence has expired.

3. Cancellation

In entering into a Contract with BarclayJames Limited for Domain Name Services, the Customer acknowledges that performance of the Contract will begin immediately and that it is hereby forfeiting its right to cancel the Contract under the Regulations.

4. Refunds and Credits

4.1 If the domain name requested by the Customer is unable to be registered the Customer will be entitled to a refund of any Fees paid in relation to an Order or a credit against any future Order.

4.2 Subject to clause 4.1 above the Customer shall not be entitled to any refund of Fees or a credit against any future Order.

5 Transfer of domain names

5.1 Customers are not permitted to transfer domain names for a period of 60 days following completion of the registration of the domain name.

5.2 BarclayJames Limited reserves the right to refuse to transfer a domain where any monies are due from the Customer to BarclayJames Limited in respect of that domain name.

5.3 Where the Customer wishes to transfer the ownership of its domain to a third party BarclayJames Limited will charge an administration charge of £15 for effecting the transfer. BarclayJames Limited reserves the right to increase this administration fee if BarclayJames Limited incurs costs in excess of £15 in effecting the transfer and BarclayJames Limited will notify the Customer of the increased fee as soon as practicable.

5.4 Any domain name not registered through BarclayJames Limited but subsequently transferred to BarclayJames Limited is subject to the Conditions.

5.5 In submitting a request for a domain name to be transferred to BarclayJames Limited the Customer warrants that it is the registrant of the domain name or is authorised to act for and on behalf of the registrant.

5.6 In submitting a request for a domain name to be transferred to BarclayJames Limited the Customer agrees to pay the fee for the next renewal of the domain at the time of the transfer. If the Customer subsequently transfers the domain away from BarclayJames Limited before this renewal has been implemented, the renewal fee will be refundable but an administration charge of £8.50 + vat will be payable by the Customer and deducted from any monies due from BarclayJames Limited to the Customer.

5.7 In the event of a dispute regarding the ownership of or any rights to a domain name transferred to BarclayJames Limited, BarclayJames Limited reserves the right to take any and all necessary action to protect itself including (without limitation) the right to give the registry key for the domain name to the registrant and/or to authorise the transfer of the domain name away from BarclayJames Limited.

6 Renewal of domain names

6.1 The Customer acknowledges that the Customer has ultimate responsibility for renewing the domain name and the Customer accepts that whether or not BarclayJames Limited has successfully contacted the Customer pursuant to this clause BarclayJames Limited cannot be held liable if the Customer fails to renew the domain name before its expiry.

6.2 The renewal of any domain name through BarclayJames Limited is subject to the Conditions.

6.3 When renewing Global Domains BarclayJames Limited reserves the right in its sole discretion to change the registrar through which the domain is registered and in requesting the renewal of a domain name the Customer authorises BarclayJames Limited to make such a change.

6.4 BarclayJames Limited does not warrant or guarantee that the domain name requested by the Customer will be renewed or be capable of renewal and the Customer should take no action in respect of the requested domain name until the Customer has been notified that the requested domain name has been registered.

6.5 Any domain name not renewed by its expiry date will be de-activated on the expiry date. To avoid loss of service, the Customer should ensure that domains are renewed well in advance of the expiry date. Uninterrupted service cannot be guaranteed. After the expiry date, BarclayJames Limited may change the nameservers of a domain name and/or redirect the domain name to a webpage showing advertising or promotional materials of BarclayJames Limited or third parties.

6.6 Any domain name not renewed 30 days after its expiry date may be deleted. Once a domain has been deleted it cannot be renewed. At this point it will have to be re-registered and there is a risk that it may be registered by another person or company. To avoid loss of a domain name, the Customer should ensure that domains are renewed well in advance of the end of the 30-day grace period following the expiry date. Successful renewal cannot be guaranteed.

At a customer’s request, BarclayJames may also acquire a second-level domain name (“domain name”), on behalf of a customer. BarclayJames will not own or otherwise control any domain name registered on your behalf. BarclayJames provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against BarclayJames for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by BarclayJames to obtain and/or maintain the domain name on your behalf shall be charged to you by BarclayJames under the provision therefore elsewhere herein.

Customer Complaints Policy

At BarclayJames our primary focus is ensuring absolute customer satisfaction through sustainable pricing, proactively managed services and investment in infrastructure.

Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it’s important that we are able to take on customer feedback and concerns and use this to improve our service.

Step 1:

If you’ve not already been in touch regarding your concern, the first step is our standard support channels; most issues we can resolve very quickly as soon as you get in touch. You can get in touch via:

Email: support@barclayjames.co.uk
Landline: 0121 663 6388 (9am to 5:30pm)

If you’re an existing customer, you can open a ticket from your BarclayJames account.

Our average ticket response time is well under an hour and we will ensure that all tickets are replied to within 24hrs. All ticket submissions will receive an automatic email confirming that the ticket has been received successfully and the assigned ticket reference.

Step 2:

If you have already contacted us, and we’ve not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint.

All complaints MUST be made in writing. This is to ensure we’re able to properly address and investigate your concerns and provide a full response.

Complaints can be submitted by email to complaints@barclayjames.co.uk, or alternatively you can submit your complaint in writing to:

Customer Complaints
BarclayJames Limited
4 Chester Court
High Street
Knowle
West Midlands
B93 0LL

What information you should include:

You should ensure you include as much information about the issue as possible, this might include:

• Name of the staff member you spoke with on the phone or support tickets
• Ticket reference IDs
• Date & time when issues occured or when you called
• Details about the problem, how it started, what you did and any other relevant details

Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.

What we will do:

An appropriate member of staff will review all complaints within 72 hours and provide an initial response while they investigate the issue.

Depending on the type of issue, it may be necessary for the complaint to be passed to a Director. You will be informed of who is handling your complaint and their role in the investigation.

We will then provide a full reply to the complaint within 10 working days.

Step 3:

If the response does not meet your satisfaction, you may request that the complaint be escalated to a company Director for review.

One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a response within 15 working days of the complaint escalation.

All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and dealing with complaints promptly enables us to identify areas of weakness and we will then work to address these and continue to improve our service.

Service Level Agreement

We will endeavor to provide a 99.9% service up-time. This excludes any planned or emergency server maintenance or conditions beyond our reasonable control. We will notify all customers of planned maintenance as far as possible in advance through either our status page or via email.

In the event we fail to meet this SLA as measured over a 3 month period with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit your account with the pro-rata’d value of the time for which your service was unavailable.

Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for the period of the disruption late.

BarclayJames makes no guarantee to defend a customer’s website from a denial of service attack unless that service has been specifically offered and agreed.

Upon raising a support request either by emailing support@barclayjames.co.uk or by using our online customer portal, you will receive acknowledgment of your request via email within 30 minutes.