T: 029 20463180

Terms & Conditions

 

 

Welcome to the www.ukwebsitedesigners.co.uk and www.startbrand.co.uk web site (the "Web Site (s)"). The companies 'Uk Website Designers and Startbrand are affiliated division brand companies of 'RM Photography' and both companies trade under 'RM Photography' Name. The goal of this Web Site(s) is to provide you with access to the most comprehensive network of Domain Brokering and Web Design products/services and related links to meet your needs (the "Content"). Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms.

All content as written in the terms and conditions on this page refer to the terms and conditions of www.renatamaziak.com, www.ukwebsitedesigners.co.uk and www.startbrand.co.uk

 

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.

 

www.ukwebsitedesigners.co.uk and www.startbrand.co.uk ("We", "Us", "Our") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with this Web Site and/or www.ukwebsitedesigners.co.uk and www.startbrand.co.uk , and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

 

PRIVACY

 

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

 

WEBSITE HOSTING & DOMAIN OWNERSHIP

 

UK Website Designers and Start Brand will not transfer Domain Ownership or Hosting over to the client, unless the client owns the Domain Name and wishes to terminate the agreement. Domains registered by Renata Maziak Photography trading as UK Website Designers and Startbrand registered to a Registrant belong to UK Website Designers and Startbrandunless trademarked or registered by a third party with a Registrant. The client can have limited access to the website for security purposes. The client can however have access to a CMS portal if needed which will be on a subdomain page. If the client already has a hosting package they must transfer the domain over to UK Website Designers, Startbrand Hosting Servers upon commencement of contract. If the client refuses to co-operate with these terms, this will be deemed as they are in breach of contract. UK Website Designers and Startbrandcan then terminate the contract and full payment of the remainder of the monthly contract instalments will be expected to be paid in full.

 

DOWNGRADING

 

If a client requests a downsize of their website design package, this will automatically limit the website to its full functionality . Once a downgrade has been performed but ammendments need to be updated the client will have to pay for any updates according to the pricing brochure given at the time of signing contracts.

 

MARKETING

 

When a client enters into a contract where they do not pay the fees as outlined in the pricing brochure supplied at the time of engaing into an agreement between both parties, but instead offers a commission for each sale of their products in exchange for SEO and Marketing, UK Website Designers will supply a report of their work in exchange for sales data . Where it is found that buyers have acted fraudulently the client has to prove this in writing to UK Website Designers. Without this performace record UK Website Designers, Startbrand will invoice the client accordingly for the overall perfomance of sales . The client also has a duty to give UK Website Designers Startbrand a trade pricelist or a commision price for each product sold. Where at the end of the month the client does not pay a commission UK Website Designers Startbrand can revert back to their original pricing structure and invoice accordingly for their time engaged in working on the Marketing and SEO of the clients website and the contract will be deemed void.

 

CLIENTS MULTIPLE BUSINESS ACTIVITY

 

If a client has more than one business in which UK Website Designers / Starbrand Manage and they default on their contract regardless if they are a limited company or not and have winded down yet continue trading under another alias, UK Website Designers / Startbrand reserves the right to enforce action on the owner of the company in question and not the company itself, regarless if they have winded down or not.

 

WORKING HOURS

 

UK Website Designers will choose as and when to work on a clients website and will not be dictated too. UK Website Designers at their own discretion will work on a clients website if it needs urgently updating at a specific hour/day. UK Website Designers are not expected to work at a clients premises full time. UK Website Designers will choose as and when it is convenient to work on a clients website.

 

UNDERSTANDING UK WEBSITE TERMS AND CONDITIONS

 

Upon commencing development and management of a clients website, the client must first have read UK Website Designers Terms and Conditions and agreed and signed a contract.

 

If a client refuses to sign a contract agreeing to the terms it will be deemed as a Gentlemen's Agreement and UK Website Designers will assume the client has read the terms and conditions and agreed these terms before commencement of work. If a clients website is live the client always has access to UK Website Designers Terms and Conditions by clicking the link at the bottom of their footer of their website where the wording 'Powered by or 'Designed By' can be found and linked to www.ukwebsitedesigners.co.uk

 

It is the clients resposibility to keep themselves updated of changes to pricelists and terms and conditions published on UK Website Designers website.

 

OTHER WORK PERFORMED BY UK WEBSITE DESIGNERS

 

Other work which is listed on UK Website Designers Website will be invoiced accordingly depending on the specific work carried out. UK Website Designers assumes that the client has read the price list before commencement of work. Normally a contract outlining the job description (s) will be signed by the client, however if the client refuses to sign a contract UK Website Designers will assume that the client knows the prices before asking for the work to be carried out and this will be deemed as a Gentlemen's Agreement.

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

 

This Web Site is controlled and operated by RM Photography trading as UK Website Designers.Telephone: + 44 (0)29 20463180 . All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by UK WEBSITE DESIGNERS or its affiliates, or by third party content providers, merchants, sponsors and licensor's (collectively "Providers") that have licensed their content or the right to market their products and/or services to UK WEBSITE DESGNERS. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of UK WEBSITE DESGNERS or the Providers. You may request consent by faxing a request to UK WEBSITE DESGNERS. Without the prior written consent of UK WEBSITE DESGNERSor the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of UK WEBSITE DESGNERS and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to UK WEBSITE DESGNERS that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider, which can be accessed at www.ukwebsitedesigners.co.uk If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. UK WEBSITE DESGNERS retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of UK WEBSITE DESGNERS.

 

DOMAIN NAMES

 

Domain names remain the property of UK Website Designers & Startbrand. UK Website Designers & Startbrand rent out the domain names for the duration of the contract to the client. If the client wishes to have the Domain Name registered to him/her, he /she shall complete a Domain Brokering Agreement paying all fees upfront for the sale of the Domain Name, this is not included in the website build agreement. Where a client comes to UK Website Designers & Startbrand to build a website this does not automatically mean the domain name belongs to him/her unless the Domain is already registered by the client as the registrar. When websites are built by UK Website Designers & Startbrand, the client enters an agreement for UK Website Designers & Startbrand to host and build the website aswell as maintain it and nothing more. The client has no automatic rights legal or otherwise to own the domain name without proof he /she is the owner. Where a Domain Name is keyword related or is a Generic Name not trade marked, UK Website Designers have all legal rights to that Domain Name. Anyone claiming they have a trade marked name associated with the Domain Name must show evidence of this.

 

PROHIBITED ACTIVITIES

 

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as Netscape Navigator and Microsoft Internet Explorer® may be used without such permission.

 

LINKS

 

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under UK WEBSITE DESGNERS control, and UK WEBSITE DESGNERS is not responsible for, and does not endorse, such content, whether or not UK WEBSITE DESGNERS is affiliated with the owners of such Linked Sites. You may not establish a hyper link to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by UK WEBSITE DESGNERS, or its affiliates or Providers.

 

DISCLAIMER OF WARRANTIES AND LIABILITY

 

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, UK WEBSITE DESGNERS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER UK WEBSITE DISGNERS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. UK WEBSITE DESGNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT UK WEBSITE DESGNERS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER, UK WEBSITE DESIGNERS NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UK WEBSITE DESIGNERS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UK WEBSITE DESGNERS IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, UK WEBSITE DISGNERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless UK WEBSITE DESGNERS, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensor's, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms

 

THIRD PARTY RIGHTS

 

These Terms are for the benefit of UK WEBSITE DESGNERS, its Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensor's, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

 

JURISDICTIONAL ISSUES

 

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by UK WEBSITE DESGNERS from its offices within Cardiff UK, UK WEBSITE DESGNERS makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S & UK export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of England and Wales UK, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or UK WEBSITE DESGNERS brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or County courts located in and for Cardiff, United Kingdom and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

ENTIRE AGREEMENT

 

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between UK WEBSITE DESGNERS, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding.

 

CANCELLATION POLICY

 

In the event the client wishes to terminate the website hosting, development and management agreement, the client must give seven days notice in writing and settle up all payments for the remainder of the contract term in full within 48 hours.

 

IN THE EVENT THAT YOU DO NEED TO POSTPONE EITHER YOUR SHOOT OR VIEWING APPOINTMENT, WE REQUIRE 7 DAYS NOTICE FOR ANY SERVICE OR PHOTOSHOOT OTHERWISE A CANCELLATION CHARGE OF £50 WILL APPLY.

 

UK WEBSITE DESGNERS WILL ALWAYS TRY TO ACCOMMODATE CHANGING SCHEDULES AND WILL BE HAPPY TO REFUND OR POSTPONE ANY SHOOT IF CANCELLED OR RESCHEDULED WITHIN THE NOTICE PERIOD.

 

Once an order has been processed and placed for digital images or portrait products, a cancellation charge of 50% will apply.

 

VIRTUAL OFFICE SERVICES

 

All applicants must provide verification identification if requested by the admistration office. All applications are subjuect to acceptance at the discretion of the company. Private address may be given under special circumstances and conditions.

 

The owner of the business or private mail is solely responsible for the correspondence sent to our office. We will not be held liable for any missing mail or missed calls.

 

UK WEBSITE DESGNERS reserves the right to deny any applicants dealing with drugs, alcohol, pornography and money laundering. UK WEBSITE DESGNERS also will contact the authorities without notice if it is found that these departments are being traded and UK Website Design Office is being used for these purposes.

 

Consultations and quotations are free and are carried out by email or telephone or in person if required.Work can be accepted from the client by email, post, CD-Rom, USB drive or courier. All work carried out by us will be proof-read, however final proof-reading of the work lies with the client. For larger projects a time frame will be negotiated with the client.We do not accept liability or responsibility for the end use of any documents or materials produced or edited by us on behalf of the client.We reserve the right to reject any work which we believe to be unlawful or immoral.

 

Payment Terms:

 

UK Website Designer require the client for web hosting, development and management to set up a direct debit agreement upon commencement of contract.

 

UK Website Designers expect invoices to be paid on time and in full. UK Website Designers reserves the right to charge for late payments of a fee of 8% of the total amount of the invoice.

 

Payments can be made by cheque or bank transfer or standing order. Set up Fee First Months Packages must be paid for in advance. Thereafter, a package will be valid for 4 weeks from the date of the first request for services. The first request for services must be made within 2 weeks of the date of commencement of service/payment after agreement of services. A fee of £20 will be charged for any returned cheques.

 

Under the Late Payment of Commercial Debts (Interest) Act 1998 where UK Website Designers enters the client into Debt Recovery, UK Website Designers reserves the right to charge a fixed debt recovery fee of £100 on top of the 8% interest rate.

 

Project work (pay as you go work) payments will be invoiced on completion of the work and payment is due 14 days from the date of invoice. Any additional costs incurred for example, editing of images, creating original content, logo design, adding aditional content, ammending design of website after origninal has been agreed on, postage, courier, will be invoiced separately to the client as ‘Additional Expenses’.

 

Overdue invoices may result in interest charges (at the rate of 8%) for the total outstanding per month. In the event of a contract being cancelled/terminated, the client agrees to pay the remaineder amount of the contract in full.

 

GIFT VOUCHER

 

WWW.UKWEBSITEDESIGNERS.CO.UK VOUCHERS HAVE AN EXPIRY DATE OF 12 MONTHS FROM DATE OF PURCHASE. CHANGE IS NOT GIVEN ON PURCHASES THAT COST LESS THAN THE VALUE OF THE VOUCHER PRESENTED. VOUCHERS CANNOT BE EXCHANGED FOR CASH. HYPERLINK "HTTP://WWW.UKWEBSITEDESIGNERS.CO.UK" WWW.UKWEBSITEDESIGNERS.CO.UK CAN ONLY BE EXCHANGED FOR PHOTOGRAPHIC PRODUCTS AT HYPERLINK "HTTP://WWW.UKWEBSITEDESIGNERS.CO.UK" WWW.UKWEBSITEDESIGNERS.CO.UK AND RELATING TO IMAGES CREATED BY HYPERLINK "HTTP://WWW.UKWEBSITEDESIGNERS.CO.UK" WWW.UKWEBSITEDESIGNERS.CO.UK WE RESERVE THE RIGHT NOT TO ACCEPT ANY VOUCHERS THAT HAVE OR APPEAR TO HAVE BEEN FORGED, DAMAGED, DEFACED OR OTHERWISE TAMPERED WITH. NO RESPONSIBILITY WILL BE ACCEPTED FOR LOST, STOLEN, OR DAMAGED VOUCHERS. TO DEFACE A VOUCHER WILL RENDER IT INVALID. VOUCHERS CANNOT BE USED IN CONJUNCTION WITH ANY OTHER VOUCHER OR OFFER. HYPERLINK "HTTP://WWW.UKWEBSITEDESIGNERS.CO.UK" WWW.UKWEBSITEDESIGNERS.CO.UK RETAINS THE RIGHT TO VARY THESE TERMS AND CONDITIONS.

 

WEBSITES AND APPS

 

All content should be ready without any editing on behalf of UK Website Designers. Any photos cannot be used as copies from the internet unless you have sole whilte label rights to re-use them (proof must be given). UK Website Designers reserves the right to charge for content and images which are not internet ready to be published.

 

Agreements of Website Design can be made verbally at the discrection of UK Website Designers which on launch of the clients website is legal and binding. We also offer a written agreement should the client wish to have all the terms written down.

 

UK Website Designers assumes that the client has read all the terms and conditions prior to commencing work with UK Website Designers and it is not the responsibility for UK Website Designer to verify this action.

 

PHOTOGRAPHY

 

Product / Corporate photography will be charged at the appropriate prices as seen in the pricelist.

 

LOGOs

 

UK Website Designers reserve the right to charge a fee for designing the logos of which there is a set up charge followed by 10 proof images to choose from.

 

WEBSITE BUILDING POLICY

 

UK Website Designers will choose the size of the font and typeface to suit the website at their discretion.

 

A client cannot enforce a font or typeface that would be deemed unsuitable for their website.

 

A client can however chose a colour theme at the start of the build and has a maximum of 3 changes on the Basic Package.

 

Basic Packages have limited typeface and rely soley on Google Fonts.

 

If your selected font is not one of the Google Fonts, UK Website Designers reserves the right to refuse to use any other font other than the choice Google Provides.

 

UK Website Designers will try to use a font as close to their clients prefrences but is not obliged to do so, this is at the discretion of UK Website Designers to use a font other than their own professional choice.

 

Customers cannot confuse Google Fonts with Microsoft Fonts as they may vary and cannot be used in building Basic Packages Websites.

 

CHANGES TO WEBSITE

 

UK Website Designers allow a maximum of 3 changes to a Basic Starter Package. UK Website Designers reserve the right to charge £20 for each further ammendment. For Local, National, Super National and Global Packages a maximum of 5 changes are allowed and a further fee of £75 per change will be charged for each ammendment there after.

 

DELIVERY POLICY.

 

We aim to build a website within seven days, any alterations are excluded from the seven day disclaimer after the foundations have been built and the content uploaded.

 

PHYSICAL PRODUCTS WILL BE SENT TO UK DESTINATIONS USING STANDARD ROYAL MAIL SERVICES UNLESS OTHERWISE AGREED DIRECTLY WITH WWW.UKWEBSITEDESIGNERS.CO.UK

 

RETURN & REFUNDS POLICY.

 

ONCE THE PRODUCTS HAVE BEEN CHECKED, COLLECTED AND SIGNED FOR AT OUR STUDIO, NO RETURNS WILL BE ACCEPTED NOR WILL ANY REFUNDS BE GENERATED BY WWW.UKWEBSITEDESIGNERS.CO.UK HYPERLINK "HTTP://WWW.UKWEBSITEDESIGNERS.CO.UK" FOR ANY PURCHASES MADE ON OUR WEBSITE FOR SHOOTS OR OTHER PRODUCTS, IF YOU WITHDRAW FROM THAT PURCHASE, WITHIN 14 DAYS, THEN WE WILL REFUND THE COST OF THE SHOOT MINUS COSTS OF PACKAGING, SHIPPING AND CREDIT CARD CHARGES, IF ANY.

 

DISRUPTION OF SERVICE

 

WWW.UKWEBSITEDESIGNERS.CO.UK RESERVES THE RIGHT TO CHARGE A FEE FOR DISRUPTION OF SERVICE OF THIS BUSINESS DIRECTLY OR INDIRECTLY BY ANY INDIVIDUAL OR BUSINESS THAT FORCES UK WEBSITE DESGNERS NOT PERFORM THEIR DUTIES AT THE TIMES SPECIFIED PLACE OF WORK. THE FEE IS £400 PER DAY, £250 HALF DAY AND £100 PER HOUR WHAT EVER IS THE GREATER. ANY DAMAGES MADE AT THE PROPERTY BY A THIRD PARTY WILL CONSQUENCE IN LEGAL PROCEEDINGS AND REIMBURSMENT OF THE COST OF THE ITEMS IN QUESTION. IF IT IS FOUND THAT A THIRD PARTY HAS ATTEMPTED TO GAIN ACCESS OR TRIED TO DELIBERATELY TO DISRUPT THE SERVICES OF UK WEBSITE DESIGNERS OR UK DOMAIN BROKERS, UK WEBSITE DESIGNERS AND UK DOMAIN BROKERS WILL ENFORCE LEGAL ACTION, SUING THE INDIVIDUAL(S) FOR MONETARY COMPENSATION, WITH A FINE OF £1000, THIS INCLUDES ACCESS TO ALL SOCIAL MEDIA PLATFORMS.

 

COPYRIGHT AND DATA PROTECTION

 

Any individual or organization with access to UK WEBSITE DESIGNERS Digital Products, i.e. Camera's, laptops, tablets, computers and smartphones must have written permission from UK WEBSITE DESIGNERS to copy data. All data is synced and cross referenced with iTunes and access will verify the owner of the device. If information is then uploaded/shared without the owners permission ) UK WEBSITE DESIGNERS reserves the right to prosecute the individual or organization without notice to claim for damages and a breach of company security.

 

DOMAIN NAMES BROKERAGE MARKETPLACE TERMS & CONDITIONS.

 

1. Introduction

 

UK Website Designer / UK Domain Brokers is entered into by and between UK Website Designer / UK Domain Brokers and you, and is made effective upon the date of your electronic acceptance. This Agreement sets forth the terms and conditions of your use of UK Website Designer / UK Domain Brokers Domain Marketplace Service (“Marketplace Service” or the “Services”). Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with UK Website Designer / UK Domain Brokers User Agreement, which is hereby incorporated by reference. Any capitalized terms not defined within this Domain Marketplace Agreement shall have the meaning as described in the UK Website Designer / UK Domain Brokers User Agreement.

UK Website Designer / UK Domain Brokers may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless Sedo receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the UK Website Designer / UK Domain Brokers website (“Site”). You acknowledge and agree that (i) UK Website Designer / UK Domain Brokers may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site.

 

2. Description of Domain Marketplace Service

 

UK Website Designer / UK Domain Brokers and the Site serve as a trading and auction platform to allow Users to offer to sell and buy the registration right to, or exclusive right to register, Internet domain names, with or without associated website content as indicated (collectively, "Domains"). The purchase and sale agreement for any Domain is by and between the Buyer and Seller parties only. UK Website Designer / UK Domain Brokers involvement post-agreement is limited to collecting a fee for Services provided, or as otherwise agreed by all parties.

 

BEFORE ENTERING INTO A BINDING AGREEMENT TO PURCHASE A DOMAIN AND/OR ACCESSING UK WEBSITE DESIGNERS / UK DOMAIN BROKERS SITE AND SERVICES, YOU MUST PERFORM, AND ARE RESPONSIBLE FOR, ALL RESEARCH NECESSARY TO ENSURE THAT YOU ARE AWARE OF ANY FACTORS AFFECTING YOUR REGISTRATION AND USE OF THE DOMAIN OR USE OF THE DOMAIN WITH UK WEBSITE DESIGNERS / UK DOMAIN BROKERS SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE APPLICABLE ANNUAL REGISTRATION FEES, CHARGED BY AN ACCREDITED REGISTRAR, REQUIRED TO MAINTAIN YOUR REGISTRATION AND USE OF THE DOMAIN, THAT YOUR PROSPECTIVE USE OF THE DOMAIN WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, AND THAT YOU HAVE ALL THE INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASING DECISION.

 

3. Fees and Related Costs

 

Except as otherwise noted, UK Website Designer / UK Domain Brokers does not charge Buyers a fee for purchasing a Domain with UK Website Designer / UK Domain Brokers Marketplace Services.UK Website Designer / UK Domain Brokers charges Sellers a fee for sales originating and/or completed as a result of UK Website Designer / UK Domain Brokers Services. UK Website Designer / UK Domain Brokers standard fees and any changes will be posted to our Price List and will be binding on the effective date noted on the Price List.

 

Once Buyer and Seller have entered into an agreement for the purchase and sale of a Domain, should the payment and transfer of the respective Domain fail for reasons unrelated to a breach by UK Website Designer / UK Domain Brokers of the Doman Transfer Agreement, UK Website Designer / UK Domain Brokers reserves the right to collect any applicable commission fee for the sale from that party who has violated his/her obligation to cooperate in the completion of the transaction, including Buyers who would not otherwise face such fee. Furthermore, claims for damage compensation or contractual performance may be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement.

 

UK Website Designer / UK Domain Brokers reserves the right to charge Users a Marketplace Handling Fee, equal to two times (2x) the minimum commission fee for the respective Domain listing, for those instances where User has acted with the apparent intent to disrupt UK Website Designer / UK Domain Brokers Domain Marketplace listings and/or Auctions, otherwise cause nuisance or damage, and/or to prevent the completion of purchase and sale of a Domain.

 

4. Domain Marketplace Terms of Use

 

As provided in this Agreement and in applicable posted policies, UK Website Designer / UK Domain Brokers offers its registered Users a domain trading platform ("Domain Marketplace") whereby Domain owners (“Sellers”) may list, market, auction, and sell Domains to buyers, and whereby domain buyers (“Buyers”) on the Site and promotional partner network may search, bid, and purchase domains from their owners.

 

Users wishing to list their Domain for sale start by choosing the listing type as described below in Section 4.2. Users seeking to buy Domains may enter search terms on the Site to query the Domain Marketplace for relevant Domain listings and then either submit a bid with an offer to buy or accept the Seller's stated price. These bids and the responses of the Sellers and Buyers will be forwarded to the other party free of charge via the email addresses provided as part of User registration.UK Website Designer / UK Domain Brokers cannot guarantee that any particular bid or response will be transmitted to, and/or received by, the intended recipient. UK Website Designer / UK Domain Brokers acts here neither as a Buyer nor Seller, neither as a lessee nor lessor, nor as the representative of any of the above-mentioned parties and assumes no responsibility for the contents of a Seller’s Domain listing or a Buyer’s offer for a Domain.

 

Not all domain extensions are alike, and certain top-level domains (“TLDs”) carry abnormal registration policies, restrictions, prices and other associated fees. Buyer and Seller are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement to purchase or sell a Domain. Buyer and Seller agree that UK Website Designer / UK Domain Brokers shall not be held responsible or liable in any way for any registration policies, prices or fees associated with a Domain and that either party’s lack of awareness of such shall not be grounds to invalidate a purchase and sale agreement.

 

In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Domain Marketplace, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard online purchase and sale agreement supplied by UK Website Designer / UK Domain Brokersand available for review here. In addition, Buyer and Seller agree to use UK Website Designer / UK Domain Brokers Domain Transfer Service, which is provided free of charge for all sales completed on the Domain Marketplace, to manage the steps necessary to close the transaction in accordance with the terms of the respective purchase and sale agreement.

 

4.1. Domain Marketplace Rules and Requirements

 

At all times Buyers and Sellers remain bound by the terms and conditions of this Domain Marketplace Agreement and those policies related to listing, negotiating, buying and selling Domains on the UK Website Designer / UK Domain Brokers Domain Marketplace where posted on the Site or found in the Policies section of the Site. EachUK Website Designer / UK Domain Brokers User is limited in the number of Domain negotiations ("Open Bid Threads") in which they may participate simultaneously, depending on their User Account certification status. UK Website Designer / UK Domain Brokers makes no representations or warranties regarding the features of Domains listed on the Domain Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alphanumerical composition of a Domain.

 

4.1.1. Legal Relationship as between UK Website Designer / UK Domain Brokers, Buyer and Seller

 

UK Website Designer / UK Domain Brokers is neither owner of the Domains listed in the Domain Marketplace, nor does it have any influence or control on the business conducted among Users of the Domain Marketplace. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by UK Website Designer / UK Domain Brokers or otherwise, lies exclusively with the respective Sellers. UK Website Designer / UK Domain Brokers shall not be liable for legal transactions or other acts of Domain Marketplace Users. This also applies to any violations of rights of a third party through the use of UK Website Designer / UK Domain Brokers Services, including, but not limited to, the listing of a Domain in the Domain Marketplace that infringes intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that UK Website Designer / UK Domain Brokers shall not be held responsible for the failure of either party to a purchase and sale agreement to complete their obligations under such an agreement, and that UK Website Designer / UK Domain Brokers, as the neutral facilitator of the Domain Marketplace and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.

 

4.1.2. Binding Offers

 

If, during the course of an Open Bid Thread a User makes an offer, which if accepted would result in a binding purchase and sale agreement, or at any time a prospective Buyer makes an offer for a Buy Now listing below the Seller’s stated price, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered, unless, when available as an option, a prospective Buyer has chosen a different duration of time at the time of submitting their offer, of which the Seller will be notified. (“Offer Period”). Likewise, if, during the course of an Auction, a User makes an offer, which if accepted would result in a binding purchase and sale agreement, above the original bid or Reserve Price then he/she is bound to this offer for the length of the Auction Period.

Due to the binding nature of offers to purchase or sell Domains, Users should review the Domain listing carefully and perform all necessary research on suitability for intended uses to avoid any misunderstanding before submitting a binding offer. Once an offer is submitted a User is responsible for all resulting obligations to purchase or sell a Domain once a binding offer has been accepted. The Buyer's offer shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.

 

4.1.3. Taxes, Currency, & Purchase Price Conversion

 

All prices quoted between Users during the negotiation or auction process or used by Seller in Buy Now listings or Minimum Offer preferences are understood to be end prices including any applicable taxes. During the bidding process, Users have the opportunity to select the currency for offers or counter-offers for Domains. As soon as both parties have used the same currency for the offer and the counter-offer within an Open Bid Thread, this currency shall become the controlling currency until the conclusion of the negotiating process.

 

The purchase price for the Domain shall be a price in the currency upon which agreement has been reached through the timely acceptance of an offer. This purchase price in the agreed-upon currency shall form the basis for the execution of the purchase and sale agreement between the Buyer and the Seller as well as formulating any fees owed UK Website Designer / UK Domain Brokers. If the agreed-upon currency is not identical with the currency originally selected by the User or with the default currency preference as indicated by or assigned to the User in his/her User Account, then a conversion of the purchase price into the default currency shall automatically occur at the moment the parties reach agreement. The exchange rate used by UK Website Designer / UK Domain Brokers for this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time agreement was reached, rounded to five (5) places behind the decimal point. The result of any conversion in accordance with this section, including the calculation of any fees owed to ,UK Website Designer / UK Domain Brokers shall be commercially rounded, dependent upon the currency assigned to the User, to full US dollars (USD) or full Euros (EUR) or full British pounds (GBP). The result of commercial rounding shall be the purchase price of the User in the currency selected by the User or assigned to the User.

 

4.1.4. UK Website Designer / UK Domain Brokers Right to Cancel Open Bid Thread or Auction

 

UK Website Designer / UK Domain Brokers reserves the right at UK Website Designer / UK Domain Brokers sole discretion to cancel an Open Bid Thread or Auction at any time, before or after the start of the Offer Period or Auction Period, including, but not limited to, violations of the terms of this Agreement, if the offered Domain risks infringing the intellectual property rights or other rights of a third party. If the Open Bid Thread or Auction Period is cancelled, any binding or contractual relationship between the Seller and the highest bidder and/or the person who made the last offer shall be nullified.

 

4.1.5. Rejected and/or Blocked Domain Listings

 

UK Website Designer / UK Domain Brokers reserves the right, at any time and at its sole discretion, to reject the listing of any Domain on our Domain Marketplace or to remove and blacklist Domain listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of third party rights concerning a Domain, or suspected violation of applicable laws.

 

4.1.6. UK Website Designer / UK Domain Brokers Right to Eliminate Offers

 

4.1.6.1. Deleting Bids Made in Error

 

UK Website Designer / UK Domain Brokers reserves the right to delete individual bids during an Open Bid Thread or Auction Period if it believes that such bids were placed clearly erroneously, by mistake, or were determined not to be a bona fide firm offer. Mistake on the part of the User must be reasonably obvious. The User must communicate the mistake to UK Website Designer / UK Domain Brokers , in writing and within a reasonable amount of time. Users may not claim mistake with the purpose of interfering with or circumventing the completion of a transaction. UK Website Designer / UK Domain Brokers may suspend the User's account at any time if the User is found to have falsely claimed mistake during an Open Bid Thread or Auction Period. In the case of bids cancelled during an Auction Period, should UK Website Designer / UK Domain Brokers invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period.

 

4.1.6.2. Deleting Bids Made Fraudulently/Offer Verification

 

UK Website Designer / UK Domain Brokers reserves the right to delete individual bids during an Open Bid Thread or Auction Period if it believes that such bids were fraudulent, fake, "shill" bids or were determined not to be a bona fide firm offer. UK Website Designer / UK Domain Brokers reserves the right to contact you to verify your identity, the validity of the bid, as well as request documents to support the validity of your bids. If UK Website Designer / UK Domain Brokers is not able to verify the information in a reasonable amount of time, please be advised that UK Website Designer / UK Domain Brokers has the right to delete the bid without objection. UK Website Designer / UK Domain Brokers may suspend the User's account at any time if the User is found to have placed a fraudulent bid during an Open Bid Thread or Auction Period. In the case of bids cancelled during an Auction Period, should UK Website Designer / UK Domain Brokers invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period.

 

4.1.7. Availability

 

UK Website Designer / UK Domain Brokers in no way guarantees, represents, or warrants that the Site and/or specific web page on which bids can be placed ("Bidding Page") during an Open Bid Thread or Auction Period will always be accessible. If a Bidding Page is not accessible, the Seller may not, in the future, refer to a potentially higher bid during this time period as justification for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder for a Domain if the Site and/or Bidding Page had been available.

 

With regards to all UK Website Designer / UK Domain Brokers Auctions, including Managed Auction Events, such as broker-assisted auctions, promotional auctions, or auctions held at affiliate websites, in the case of technical issues which may occur within UK Website Designer / UK Domain Brokers servers, networks, or other mechanisms, UK Website Designer / UK Domain Brokers may, to the extent they are within UK Website Designer / UK Domain Brokers control, take actions reasonably necessary to remedy such issues as they occur. Such actions include, but are not limited to, extending the Auction Period, rescheduling or cancelling such Auctions.

 

4.1.8. Publication Rights

 

UK Website Designer / UK Domain Brokers collects Domain and sale price information for the purposes of utilizing the data to improve its services and promote the value of Internet domain names to the public. While no personally identifiable information is included, the Buyer and Seller agree that UK Website Designer / UK Domain Brokers shall retain the right to publish the name of a Domain sold as well as the respective purchase price on the Site or in other places for reference purposes. Not withstanding the foregoing, UK Website Designer / UK Domain Brokers may choose to charge a fee to waive its publication rights, as described in this section, in an amount posted on the UK Website Designer / UK Domain Brokers Price List.

 

4.1.9. Contacting Prospective Buyers and/or Sellers

 

Notwithstanding the terms of UK Website Designer / UK Domain Brokers Privacy Policy, UK Website Designer / UK Domain Brokers reserves the right to contact prospective Buyers and Sellers to help both Users reach a mutually agreeable conclusion to their negotiation. Likewise, in the event a User lists, views or makes an offer for a Domain where another User has hired UK Website Designer / UK Domain Brokers Domain Brokerage Service to represent them in negotiations to either sell or acquire the respective Domain, the unrepresented User agrees that UK Website Designer / UK Domain Brokers may utilize their Account information to contact them on the represented User’s behalf.

 

4.2. Domain Listing Options

 

Sellers have several listing options when offering Domains for sale on the Domain Marketplace: Buy Now, Make Offer, or Auction. Sellers may delete their Domain listings from the Domain Marketplace at any time without cost unless their Domain is subject to an Open Bid Thread or Auction, has been sold and is pending payment and/or transfer, and/or is subject to a brokerage agreement.

 

4.2.1. Buy Now and Make Offer Listings

 

Sellers may submit a 'Buy Now' Domain listing by submitting or updating their Domain listing in their Account to include a fixed price that serves as an open-ended offer to Buyers on the Domain Marketplace to sell the Domain at the indicated price without negotiation. This offer to sell the Domain at the indicated price shall remain binding until Seller updates the respective Domain listing in their UK Website Designer / UK Domain Brokers Account with a different fixed price offer, or an alternative listing type, and this update has been reflected on the Domain Marketplace. Seller’s Domain prices indicated in Buy Now listings are considered to be the end price for the Buyer, including any applicable taxes. When available, Buyers on the Domain Marketplace may still submit an offer to the Seller below the binding Buy Now price indicated by Seller, which Seller can either ignore, accept or respond to by adjusting their Buy Now price expectations.

 

If a Seller does not state a fixed sales price when listing a Domain in their Account for sale, the Domain listing will default to a 'Make Offer' listing and will serve as an invitation for other Users to submit an offer and negotiate for the purchase and sale of the Domain that is the subject of the Domain listing.

Sellers may submit a 'Minimum Offer' preference for their Domain listing by submitting or updating the Domain listing in their Account to include a minimum price at which Seller is willing to consider offers. A Minimum Offer indication on your Domain listing serves as an invitation for other Users to submit an offer in excess of the stated amount to negotiate for the purchase and sale of the Domain that is the subject of the Domain listing.

 

Please note, Buy Now and Make Offer Domain listings are automatically promoted on the UK Website Designer / UK Domain Brokers Site and the websites of UK Website Designer / UK Domain Brokers promotional partners based on the listing preferences of UK Website Designer / UK Domain Brokers partners, which are subject to change from time to time without prior notice.

 

4.2.2. Auction Listings

 

UK Website Designer / UK Domain Brokers provides Sellers two distinct options for selling their Domain in a public auction that occurs on the UK Website Designer / UK Domain Brokers Site or is otherwise moderated by UK Website Designer / UK Domain Brokers ("Auction").

 

First, Sellers may submit their Domain for consideration to be chosen for a UK Website Designer / UK Domain Brokers managed auction event that UK Website Designer / UK Domain Brokers may stage from time to time at its own discretion. Sellers are instructed to apply for the Auction event via the Domain Management tool in their UK Website Designer / UK Domain Brokers User Account, review and accept the related Managed Auction Event Agreement. UK Website Designer / UK Domain Brokers will review all Domain submissions for suitability with the managed auction event. If your Domain is accepted, you will be notified and the Managed Auction Event Agreement as well as any Auction procedure terms of this Agreement shall apply.

 

As described below, the second set of Auction listing options for Sellers are made available upon either a prospective Buyer entering an offer for Seller's Domain via the Domain Marketplace or upon Seller paying a Direct Auction Fee, as described on the UK Website Designer / UK Domain Brokers Price list.

UK Website Designer / UK Domain Brokers Auction bidding periods during which additional offers may be submitted to purchase the Domain from different potential buyers traditionally end seven (7) days following the entry of the initial bid that permitted the seller to start the Auction or payment of the Direct Auction Fee (“Auction Period”). Upon approaching the close of the Auction Period, the Auction Period will extend for ten minutes each time a valid offer is placed within the last five minutes of the Auction Period. Upon the conclusion of the Auction Period, Seller agrees to sell the Domain to the winning bidder or to the initial bidder if no offer is made in excess of the initial bid.

 

Seller agrees to accept the highest offer made during the Auction Period so long as UK Website Designer / UK Domain Brokers did not cancel the Auction Period in accordance with these terms and conditions. Once the Seller enters a Domain as an Auction, he is prohibited from offering or selling this Domain anywhere else other than within that Auction.

 

4.2.2.1. Push-to-Auction

 

Once Seller receives an offer for their Domain, they may choose the option to “push” the Domain into a public Auction, rather than proceed in a traditional offer/counter-offer negotiation with the initial bidder. Once Seller chooses the option to push the Domain to an Auction, the Auction Period, as defined below, has commenced and Seller accepts the offer from the initial Buyer as their binding reserve price for which Seller is willing to sell the Domain ("Reserve Price"). During this period, other prospective Buyers may use the Auction platform to make offers to buy the same Domain for an amount of money higher than the initial bid used to initiate the Auction. Should no other Buyers submit an offer to buy the Domain at a price higher than the initial bid, the initial bidder's offer is automatically accepted and the Auction Period closes with the initial bidder as the winning Buyer. If no offer is made during the Auction Period and UK Website Designer / UK Domain Brokers did not cancel the Auction, a legally binding contract exists between the Seller and the initial prospective Buyer who placed the original offer used to push the Domain to Auction.

 

Please note, while generally an Auction Period will run for seven days, however, because a Seller may choose to select the Auction option at any time after an initial bid has been made, it does not mean that the Auction Period must run for seven days from the time Seller selects the Auction option, but from the entry of the initial bid by a potential Buyer. Therefore, if the Seller selects the Auction option two days after a potential Buyer enters an offer, the Auction Period will only run for five days.

 

4.2.2.2. Direct Auctions

 

Upon paying a Direct Auction Fee, Seller may commence an Auction Period prior to an offer being submitted for their Domain and the following additional conditions shall apply. Sellers may set a price of their own choosing as their binding Reserve Price. During the Auction Period, the current highest bid will be indicated on the Bidding Page. In addition, it will be indicated on the Bidding Page if the current highest bid is lower than the Reserve Price, though under no circumstances will the Reserve Price ever be revealed. If the Reserve Price is not reached within the Auction Period, the Domain will not be sold to any of the potential Buyers. The Seller reserves the right to lower his Reserve Price during the Auction Period but may not raise the Reserve Price under any conditions.

 

4.2.2.3. Offers to Purchase Domains in Auction

 

During the Auction Period, the highest offer made on a particular Domain will be indicated on the Bidding Page via the Site. Prospective Buyers can then enter the Auction by placing higher offers. All offers are firm offers to buy the Domain for the offered price in accordance with the conditions of the purchase and sale agreement for the Domain. If valid higher offers are placed during the Auction Period, and Sedo did not cancel the Auction, a legally binding contract exists between the Seller and the prospective Buyer who placed the highest bid as reflected at the end of the Auction Period. The resulting purchase and sale contract exists whether or not the UK Website Designer / UK Domain Brokers Bidding Page is available at the end of the Auction Period. In the case of bids cancelled during an Auction Period, should UK Website Designer / UK Domain Brokers invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period.

 

4.2.3. Buyer and Seller Terms Applicable to all Listing Types

 

The following Buyer and Seller duties and obligations apply to your use of UK Website Designer / UK Domain Brokers Domain Marketplace and Auction platform:

 

(a) Buyer and Seller agree to create and maintain a User Account and to fill out the registration form completely and accurately. The Domain Seller must be the verified owner of the registration, or exclusive right to register, the Domain name listed for sale. Unless the domain owner has a privacy shield for WHOIS database purposes, information provided within the UK Website Designer / UK Domain Brokers User's account must correspond to the information contained in the WHOIS database provided that Users may be asked, at UK Website Designer / UK Domain Brokers discretion, to provide sufficient proof of their right to list a respective Domain for sale on the Domain Marketplace.

 

(b) Should the registration of a Domain that is the subject of a purchase and sale transaction be in risk of expiring with its relevant registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase and sale of the Domain, Seller agrees to renew the Domain’s annual registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider.

 

(c) Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller and their third-party Domain registrar or reseller. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant Domain registrar or reseller. When referencing a Domain as the object of a purchase and sale transaction within these terms, Domain shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar at the time of agreement. Any content or material associated with a developed website that is the object of a purchase and sale agreement must be materially described in the Seller’s listing or negotiation history to be subject to the relevant purchase and sale agreement.

 

(d) As a Seller of a Domain listed on the Domain Marketplace and/or Auction, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the Domain with an appropriate Domain registrar or other registration authority; (ii) your registration rights to the Domain are current and not subject to deletion, cancellation, rescission, or deactivation by any applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration right and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if applicable, that you have included in your listing as part of your Domain; and (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not, under any circumstances, list or transfer the rights to any Domain that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law.

 

(e) The Seller agrees not to list any Domains that violate any of UK Website Designer / UK Domain Brokers posted acceptable use policies and accepts that UK Website Designer / UK Domain Brokers may refuse to list, or remove the listing for, any Domain that, in UK Website Designer / UK Domain Brokers sole discretion is deemed inappropriate for the Services. This may include, but is not limited to, Domains which may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which, in UK Website Designer / UK Domain Brokers sole discretion, is inflammatory, offensive, or inappropriate and inconsistent with UK Website Designer / UK Domain Brokers general policies or acceptable use terms.

 

(f) The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by UK Website Designer / UK Domain Brokers.

 

(g) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.

 

(h) You understand and agree that UK Website Designer / UK Domain Brokers comment system cannot be used to communicate with the Buyer and/or Seller with the purpose of circumventing UK Website Designer / UK Domain Brokers user agreement and/or to alter/augment sales of domains, avoid commission, or alter the terms of the purchase and sale, besides the inclusion of website content, which shall not be included in UK Website Designer / UK Domain Brokers Domain Transfer Service and must be transferred between Seller and Buyer directly. Misuse of the comment system to communicate contact information such as phone numbers, email addresses, or any other means of communicating outside of the Domain Marketplace comment system is strictly forbidden and a material breach of this Agreement.

 

(i) The Seller agrees to keep any data they have added to the Domain Marketplace up-to-date. If a Domain has been sold or if Seller no longer retains registration rights to the Domain, he/she is to immediately remove the respective Domain from their User Account. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

 

 

 

 

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