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Terms & Conditions

Terms & Conditions

You indicate acceptance of these terms and conditions of service by placing an order with GMB Web Designs. These terms and conditions will not be varied for individual customers.

GMB Web Designs is a trading name of GMB Computer Services.

For Hosting Terms & Conditions please see the Hosting Terms & Conditions page

A GENERAL

1 DEFINITIONS

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

“Accredited Registrar”

means an ICANN accredited registrar;

“Conditions”

means these terms and conditions;

“Contract”

means the contract for the provision of Services by GMB Web Designs to the Customer governed by the Order Form and these Conditions;

“Customer”

means the customer to whom GMB Web Designs has agreed to provide the Services and whose details appear on the Order Form;

“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;

“Data”

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

“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.

“Downtime”

means any service interruption in the availability to visitors of the Website;

“GMB Web Designs”

means GMB Web Designs and its employees, agents or sub-contractors (as appropriate);

“Email Services”

means the email services provided by GMB Web Designs and detailed in Section C of these Conditions;

“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 GMB Web Designs 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 and Dedicated Server 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;

“IP address”

stands for internet protocol address which is the numeric address for the server;

“ISP”

stands for internet service provider;>

“Order”

means the Customers application for the Services;

“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;

“Secure Hosting Services”

means the website hosting services provided on GMB Web Designs' Secure Server and detailed in Section C of these Conditions;

“Secure Server”

means a GMB Web Designs Server that has a recognised digital certificate installed to allow SSL (Secure Socket Layer) encryption;

“Server”

means the computer server equipment operated by GMB Web Designs in connection with the provision of the Services;

“Services”

means any services provided by GMB Web Designs to the Customer under this Agreement including without limitation Pre-registration Services, Domain Name Services, Hosting Services, Email Services, Web Re-direction Services, Dedicated Server Services and Search Engine Submission Services;

“Spam”

means sending unsolicited and/or bulk emails;

“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;

“Virus”

means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";

“Visitor” means a third party who has accessed the Website;

“Web-Hosting Services”

means the website hosting services provided by GMB Web Designs;

“Website”

means GMB Web Designs' Website accessible via the Internet address or such other address as GMB Web Designs shall notify to the customer from time to time.

“Web Re-direction”

means a service provided by GMB Web Designs whereby a domain can be configured so that it re-directs an internet user to a website located at a different internet address.

“You”

means the Customer applying for the provision of Services from GMB Web Designs.

1.2 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.

1.3 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.

1.4 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.

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

2 Application of Conditions

2.1 These Conditions, the Order Form and any terms specifically agreed in writing by GMB Web Designs supersede any terms stipulated by the Customer in any negotiations or any course of dealing between GMB Web Designs and the Customer.

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.

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 GMB Web Designs.

2.4 GMB Web Designs 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.

3 Obligations of the Customer

3.1 The Customer shall not:

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;

3.1.2 submit to GMB Web Designs 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;

3.1.3 use the GMB Web Designs' 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.

3.1.4 reverse engineer, de-code or in any way disassemble any software provided by GMB Web Designs in relation to the provision of the Services;

3.1.5 use the GMB Web Designs' 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 ;

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

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 GMB Web Designs of any changes to its details and to ensure that those details provided are kept up to date.

3.2 In the event of any breach of the provisions of clause 3.1 by the Customer, GMB Web Designs reserves the right forthwith to withdraw, suspend or cancel the Services.

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.

3.4 The Customer acknowledges that the internet is not a completely secure medium of communication, and, whilst GMB Web Designs has taken steps to safeguard the security of some information (i.e. payment details) the Customer inputs on the Website or sends to GMB Web Designs 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 GMB Web Designs, GMB Web Designs 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.

4 Obligations of GMB Web Designs

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 GMB Web Designs' opinion expose GMB Web Designs to the risk of legal or other proceedings or expose GMB Web Designs to loss or damage of any kind, GMB Web Designs 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.

4.2 GMB Web Designs 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 GMB Web Designs will be dealt with in accordance with GMB Web Designs' privacy policy which can be found on the Website. The Customer acknowledges that GMB Web Designs 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, GMB Web Designs reserves the right to forward contact details to the police, or other regulatory authorities where requested to do so, GMB Web Designs may also forward contact details where a complaint arises concerning the Customer's use of the Service and where that use is deemed by GMB Web Designs to be inconsistent with these user conditions.

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.

4.4 If an expected completion date is requested by the Customer, GMB Web Designs will endeavour to meet any given deadline, but are not bound in any way to complete the Project by the given date.

5 Fees

5.1 The Customer shall pay to GMB Web Designs the Fees, inclusive of any additional costs incurred by GMB Web Designs in processing an Order (subject to clause 5.4).

5.2 The Fees shall be paid by the Customer, as detailed on the Website, without set off or counterclaim.

5.3 The Customer acknowledges that the provision of the Services is conditional on GMB Web Designs 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, GMB Web Designs reserves the right forthwith to withhold, suspend or cancel the Services.

5.4 The Customer acknowledges that occasionally unforeseen charges are incurred in processing Orders. GMB Web Designs shall obtain the Customer's written consent before incurring such charges.

5.5 The Client shall not be charged for Open Source Software. Any fee charged for a website utilising Open Source Software is for the design, set up and installation of the website. Open Source Software is not owned by GMB Web Design or the Client.

5.6 Interest will be charged on overdue accounts at a rate of 4 % above the base rate from time to time in force of Lloyds TSB PLC 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 judgment) and will be compounded monthly.

6 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.

7 Indemnity

The Customer shall indemnify GMB Web Designs and it's suppliers and keep GMB Web Designs and it's suppliers fully indemnified from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred by GMB Web Designs as a result of:-

(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.

8 Limitation of Liability

8.1 GMB Web Designs warrants to the Customer that the Services will be provided using reasonable care and skill.

8.2 Except as set out expressly in these conditions, GMB Web Designs 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.

8.3 Whilst GMB Web Designs makes no attempt in the Contract to limit its liability for death or personal injury arising from its negligence, in no circumstances shall GMB Web Designs 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:

8.3.1 any increased costs or expenses;

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

8.3.3 the consequences of any failed or unsuccessful domain name registration;

8.3.4 any claims that the domain name registered or requested by the Customer to be registered by GMB Web Designs on behalf of the Customer or that any Customer Site or material on a Customer Site infringes the Intellectual Property Rights;

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

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

8.3.7 any changes in any of GMB Web Designs' facilities, operations, procedures, products or Services which render obsolete or require modification of or alteration to the Customer's equipment or software;

8.3.8 any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by GMB Web Designs of the Services or the performance by GMB Web Designs of the Contract.

8.4 Notwithstanding anything contained in the Contract GMB Web Designs' 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.

8.5 Where images used on the clients website have been purchased by GMB Web Designs on behalf of the Client, these images are strictly for use on the website unless specific usage terms are provided in writing to the client. GMB Web Designs are not liable for misuse by the Client or any other persons.

8.6 All images used on the Client's website will only be used after authorisation by the Client. The Client bears sole responsibility for copyright confirmation of images and should any legal issues or claims arise from the content or copyright of an images whether supplied by the Client or GMB Web Designs, they will be the sole responsibility of the Client.

8.7 It is the Client's responsibility to check with GMB Web Designs whether Open Source Software is being used or not.

8.8 The Customer expressly acknowledges that the provisions of this clause 8 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 GMB Web Designs concerning GMB Web Designs' liability hereunder.

8.9 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.

9 Suspension and Termination

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

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 3, 4 or 5 may be deemed a non-remediable breach and GMB Web Designs 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 GMB Web Designs will take whatever steps it believes necessary to investigate and resolve matters;

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.

10 Proprietary Rights

GMB Web Designs own all design and code of the website until final payment has been received in full. In the case of monthly payment this equates to 24 monthly payments. If Open Source Software is used the Client does not receive the copyright for the Open Source Code.

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

11 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 13 shall have the right to terminate the Contract upon giving 7 day's written notice of such termination to the other party.

12 Assignment

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

13 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.

14 No Waiver

No waiver by GMB Web Designs shall be construed as a waiver of any preceding or succeeding breach of any provision.

15 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.

16 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.

GMB Web Designs make no claims that the contents of this website may be lawfully viewed or downloaded outside of England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

B DOMAIN NAME SERVICES

This Section B together with Section A of the Conditions constitutes the terms of the Domain Name Services provided by GMB Web Designs. In addition, Section D of these Conditions contains additional terms relating to the Pre-registration Services for .biz, .info and .name domains.

1. Obligations of the Customer

1.1 The Customer shall not use any domain name registered by GMB Web Designs 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, .eu and .name) which are governed by ICANN is performed through GMB Web Designs in conjunction with either 123-reg.co.uk or Heart Internet(all Accredited Registrars) and the registration and use of .tv domain names is governed by the .tv Corporation. 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 UK

123.co.uk

Heart Internet

.TV

1.3 The Customer hereby authorises GMB Web Designs 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 GMB Web Designs 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. GMB Web Designs 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 GMB Web Designs who can accept no further responsibility for the domain.

1.3 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.

1.4 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.

1.5 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 GMB Web Designs

2.1GMB Web Designs shall use its reasonable endeavours to obtain registration of the domain names requested.

2.2 GMB Web Designs 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 GMB Web Designs on the Customers' behalf may subsequently be suspended or cancelled by persons other than GMB Web Designs.

2.4 If required by the Customer GMB Web Designs will host any domain name registered through GMB Web Designs on GMB Web Designs name-servers and provide Web Re-direction and e-mail forwarding services PROVIDED ALWAYS that the domain name is managed by GMB Web Designs and GMB Web Designs 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 GMB Web Designs 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 GMB Web Designs 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.

3. Cancellation

In entering into a Contract with GMB Web Designs 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

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

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

5.3 Where the Customer wishes to transfer the ownership of its domain to a third party GMB Web Designs will charge an administration charge of £30 for effecting the transfer. GMB Web Designs reserves the right to increase this administration fee if GMB Web Designs incurs costs in excess of £30 in effecting the transfer and GMB Web Designs will notify the Customer of the increased fee as soon as practicable.

5.4 Any domain name not registered through GMB Web Designs but subsequently transferred to GMB Web Designs is subject to the Conditions.

5.5 In submitting a request for a domain name to be transferred to GMB Web Designs 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 GMB Web Designs 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 GMB Web Designs before this renewal has been implemented, the renewal fee will be refundable but an administration charge of £20 will be payable by the Customer and deducted from any monies due from GMB Web Designs to the Customer.

5.7 In the event of a dispute regarding the ownership of or any rights to a domain name transferred to GMB Web Designs, GMB Web Designs 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 GMB Web Designs.

5.8 Domain names will be registered by GMB Web Designs and to GMB Web Designs current address. Although the domain names are registered to GMB Web Designs, the Client is the legal owner of the domain and on payment of all outstanding fees can request to have the details changed or the domain transferred elsewhere.

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 GMB Web Designs has successfully contacted the Customer pursuant to this clause GMB Web Designs 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 GMB Web Designs is subject to the Conditions.

6.3 When renewing Global Domains GMB Web Designs 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 GMB Web Designs to make such a change.

6.4 GMB Web Designs 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.

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.

C SEARCH ENGINE SUBMISSION

This Section E together with Section A of these Conditions constitutes the terms of the GMB Web Designs Search Engine Submission Service (referred to as the Submission Service).

The Submission Service is provided and maintained by a partner of GMB Web Designs; GMB Web Designs reserves the right to change this partner at GMB Web Design's sole discretion and without notice; for the purposes of this section E the words We, Us, Our and Ourselves refer jointly to GMB Web Designs and the partner selected by GMB Web Designs to supply this service .

1 Description of Service

The Submission Service comprises submission of the Customer's web site to the top global and regional search engines every month for the duration of the contract. We reserve the right, at Our sole discretion, to delay this Submission.

2 Customer Obligations

The Customer confirms that it has the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service.

License granted to Us by the Customer

We do not claim ownership of the materials provided to Us by the Customer (including feedback and suggestions) or that the Customer posts, uploads, inputs or submits in connection with the Customer's use of Our service or any Customer Site created by the Customer or on the Customer's behalf in connection with the use of Our service (collectively "Submissions"). However, the Customer grants Us a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat the Customer's Submission, and to publish the Customer's name in connection with the Customer's Submission) the Customer's Submission only in connection with the operation and promotion of Ourselves. The Customer also grants Us the right to publish the Customer's name in connection with any such use. No compensation will be paid or due to the Customer with respect to Us or Our sub licensee's use of the materials as licensed above. We are under no obligation to post or use any materials the Customer may provide, and may remove such materials at any time in Our sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Our Network, the Customer represents and warrants that it owns or otherwise controls the rights necessary to do so and grants Us the license set forth above, and the Customer will defend and indemnify Us and Our suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

3 Limitations

3.1 We reserve the right to alter the number and identity of the search engines to which we submit at any time, as well as the regularity of submission.

3.2 All submissions and reports are based upon information that the Customer has originally supplied or subsequently altered. Under no circumstances therefore can We be liable for any incorrect submissions or delivery of reports. It is the Customer's ongoing obligation to ensure that the correct URL(s) is / are being submitted and the reports are going to the correct email address.

3.3 The Submission Service is a submission service only and in this respect no guarantees can be given in respect of the placing of the Customer's web site in the search engines.

3.4 Where asked to provide any form of search engine optimisation GMB Web Designs does not guarantee any specific placement or high ranking on search engines.

3.5 The Customer's sole remedy with respect to the Submission Service under any and all circumstances will be to terminate the Submission Service and receive a refund of fees paid for the Submission Service.

D Proprietary Rights

Software License. We hereby grant the Customer a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by Us for the sole purpose of creating and maintaining Web site data on such server. The Customer is not being granted any right to copy the Software or to use it on computers other than a server controlled by Us. The Customer also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and that We do not commit to support any particular browsing platform. We reserve the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to the Customer. If any revision or modification to the Software materially changes the Customer's ability to conduct business, the Customer's sole remedy is to terminate the Agreement pursuant to the Section regarding termination of service.