BEEPWEB LIMITED DOMAIN NAME SERVICE
TERMS AND CONDITIONS
"Charges" means the charges payable to the Supplier for
the provision of the Domain Name Services and the
Forwarding Services as specified on the Supplier's web
site (www2.beepdomains.co.uk) from time to time.
In the event that the Customer requires a 1 year registry
redemption status recovery/renewal service, this is charged
at £85.00+VAT per applicable domain name.
"the Contract" means the contract incorporating these
terms and conditions (which terms and conditions the
Customer has confirmed have been read, accepted and
agreed by ticking the 'I agree to the Beepweb Limited
Domain Name Service Terms and Conditions' checkbox on the
Supplier's web site) which is formed when the Customer
places an Order and the Supplier confirms acceptance of
such Order by means of e-mail or letter sent to the
Customer (whether received by the Customer or not).
"the Customer" means the individual or organisation
placing an Order.
"the Customer's Data" means all and any Customer
information supplied in the Order or in response to any
subsequent request from the Supplier to include without
limitation name (or full company name and number where
applicable), address, banking details, credit card
"Domain Name" means the combination of string(s) of
characters with the Naming Authority's top level
domain(s) and/or sub-domain(s) specified by the Customer
in the Order.
"Domain Name Services" means any of:
a). Hosting the Domain Name(s).
b). Registering or renewing the Domain Name(s) with the
Naming Authority in accordance with the Order
including settlement of the Naming Authority's fees for
c). Updating the Domain Registration Data from time to
d). Performing a Domain Name Transfer.
"Domain Name Transfer" means the transfer of the
authority for the Domain Name(s) from or to the Supplier
at the direction of the Customer.
"Domain Registration Data" means the information supplied
by the Customer to the Supplier which is entered into and
subsequently held on the Naming Authority's database of
"Email Forwarding" means programming the Server to point
any email addressed to the Domain Name(s) to an existing
valid email address specified by the Customer.
"Forwarding Services" means the provision of Email
Forwarding and Web Forwarding by the Supplier.
"Inappropriate Material" means Material that under the
laws of any jurisdiction where the Material can be
accessed is or may be any of the following:- unlawful,
threatening, abusive, harmful, malicious, obscene,
pornographic, malicious, profane, libellous, defamatory,
infringes any Intellectual Property Rights, constitutes
or encourages a criminal offence or contains a virus,
worm, trojan horse or other harmful code.
"Initial Period" means the period of 1 or 2 years (as
specified in the Order) commencing on the date of
registration of the Domain Name(s) with the Naming
Authority or the date of Domain Name Transfer to the
Supplier as the case may be.
"Intellectual Property Rights" means any patent,
trademark registered or unregistered), service mark
(registered or unregistered), registered design,
copyright, right to extract or exploit information from a
database, database rights, know-how, confidential
information or process, any application for any of the
above, and any other intellectual property right
recognised in any part of the world whether or not
presently existing or applied for.
"General Top Level Domain Name" means a Domain Name
registered within the '.com', '.net', '.org', '.biz' and '.info'
top level domains.
"Material" means text, graphics, images, sound, video or
any combination thereof appearing on the Customer's
website accessed via the Domain Name and any computer
files or other material supplied by the Customer from
time to time to the Supplier.
"Naming Authority" means Nominet UK (UK Company
Registration number 3203859) when registering UK Domain
Name(s) and/or Melbourne IT (ACN 073 716 793) and Tucows Inc.
when registering non-UK Domain Name(s).
Related ICANN Registrant Education site can be found
here (previously ICANN Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement pulished
Related ICANN Registrant Benefits and Responsibilities can be found
"Naming Authority Terms and Conditions" means the terms
and conditions imposed by:-
a). Nominet UK when registering UK Domain Name(s) as
specified on the Nominet UK website (http://www.nominet.org.uk/go/terms) or on
request from the Supplier.
b). Melbourne IT when registering General Top Level
Domain Name(s) as specified on Melbourne IT website
(www.melbourneit.com.au) or on request from the
c). Tucows Domains Inc when registering General Top Level
Domain Name(s), country-code Top Level Domain Names and
specialist domain names as found here
or on request from the Supplier.
"Order" means an order placed by the Customer with the
Supplier via the Supplier's web site (or by such other
means as the Supplier shall accept) requesting the
provision of the Domain Name Services and or Forwarding
Services specified in such order.
"Renewal Period" means a period of 1 or 2 years (as
specified in the Order) beginning on the expiry of the
Initial Period or the expiry of any previous Renewal
"Servers" means the Supplier's servers which host the
Domain Name(s) and which provide the Forwarding Services.
"Supplier" means Beepweb Limited (UK Company Registration
number 3791156 ).
"UK Domain Name" means a Domain Name registered within
the '.co.uk', '.org.uk', '.ltd.uk', '.plc.uk' and
"Web Forwarding" means specifying the Server to point the
Domain Name(s) to an existing website specified by the
2. INTERPRETATION AND CONSTRUCTION
2.1 These terms and conditions and the Contract shall be
governed and construed in accordance with English law and
the Supplier and the Customer hereby submit to the
exclusive jurisdiction of the English Courts.
2.2 The headings to these terms and conditions are for
ease of reference only and shall not affect their
interpretation or construction.
2.3 The Contracts (Rights of Third Parties) Act 1999 does
not apply to this Agreement.
3. DOMAIN NAME SERVICES
3.1 The Customer appoints and authorises the Supplier to
act as the Customer's agent for the purposes of
performing the Domain Name Services specified in the
Order on behalf of the Customer. The Customer authorises
the Supplier on behalf of the Customer:
3.1.1 to enter into a new contract or to renew an
existing contract between the Customer and the Naming
Authority for the minimum period permitted by the
Naming Authority or the period specified in the Order,
whichever is greater, incorporating the Naming
Authority Terms and Conditions from time to time for
the registration or renewal of registrations of the
3.1.2 The Customer's attention is drawn to the fact
that any such contract with the Naming Authority:
22.214.171.124 may be for a period in excess of the Initial
Period or any Renewal Period.
126.96.36.199 will provide that the Customer shall comply
with the Naming Authority Terms and Conditions and
Domain Name rules of the Naming Authority.
and the Customer hereby agrees to comply with the full
Naming Authority Terms and Conditions of any such
contract with the Naming Authority.
3.1.3 to make any declaration on behalf of the Customer
required by the Naming Authority in connection with the
Domain Name Services.
3.1.4 to disclose to the Naming Authority all written
and unwritten communications to or from the Customer.
3.2 The authorisation contained in clause 3.1 above will
continue and shall be irrevocable for the duration of the
3.3 If so requested in the Order the Supplier will
endeavour to register or renew the registration of the
Domain Name(s) in accordance with the Customer's
instructions subject to clause 14.9 below.
3.4 Subject to clause 3.8 if the Customer wishes to
change the Domain Registration Data the Customer will
notify the Supplier and the Supplier will contact the
Naming Authority accordingly.
3.5 The Supplier will if the Order specifies that the
Supplier should host the Domain Name maintain at least
two Servers to host the Domain Name(s) subject to clauses
5 and 12 below in order to comply with the requirements
of the Naming Authority.
3.6 The Customer will be free to appoint or authorise
any one else to register any other domain name with any
naming authority but no such appointment or authorisation
will affect or revoke the authorisation given in
condition 3.1 above.
3.7 The Customer's use of the Domain Name once registered
may be challenged by a third party; if so, or if any
other dispute arises the procedures laid down by the
Naming Authority will apply and these may include the
suspension or revocation of the Customer's application
for registration of the Domain Name or the registration
of the Domain Name and unless otherwise agreed by the
parties in writing the Supplier will have no
responsibility or involvement in relation thereto.
3.8 If the Customer wishes to delete a UK Domain Name(s)
or change the registrant of a UK Domain Name(s) the
Customer must deal directly with the Naming Authority via
its registered administrative contact to effect such
matters as such actions cannot be effected by the
4. FORWARDING SERVICES
4.1 The Supplier will provide the Customer with the
Forwarding Services specified in the Order subject to
clauses 5 and 12 below.
5. SERVICE AVAILABILITY
Where such services are specified in the Order the
Supplier shall use reasonable endeavours to host the
Domain Name(s) and to provide the Forwarding Services to
the Customer at all times during the subsistence of the
Contract but the Supplier shall not be liable to the
Customer for any interruptions to the Domain Name hosting
and/or to the Forwarding Services or any errors, defects,
delays or deficiencies in the same.
6.1 The Charges and all other amounts payable to the
Supplier are exclusive of Value Added Tax (or any similar
tax) which will be paid by the Customer at the rate from
time to time prescribed by law.
6.2 The applicable Charges plus Value Added Tax thereon
shall be paid by the Customer to the Supplier on the
Customer placing an Order.
6.3 The Supplier reserves the right in its absolute
discretion not to process any Order from the Customer
until the Supplier has received payment for all Charges
due from the Customer in full in cleared funds.
6.4 If any amount payable to the Supplier by the Customer
is not paid by the due date then (without prejudice to
the Supplier's other rights and remedies) the Supplier
may do either of the following:-
6.4.1 suspend the provision of any or all of the Domain
Name Services and/or the Forwarding Services
6.4.2 charge interest on the overdue amount (as well
after as before judgement) on a daily basis from the
due date to the date of actual payment (both dates
inclusive) at the rate of 4%per annum above the base
rate of National Westminster Bank plc (or any other
London clearing bank which the Supplier may nominate)
from time to time in force compounded quarterly. Such
interest shall be paid by the Customer to the Supplier
6.5 If the Domain Name(s) requested by the Customer is
not available for any reason, the Charges will not be
payable nor will any administration fee be payable by the
Customer and if any Charges have actually been paid, they
will be refunded.
6.6 The Supplier reserves the right to charge the
Customer at the Supplier's standard rates from time to
time for any work carried out by the Supplier required
for the provision of the Services or at the Customer's
request if such work is not included in the Domain Name
Services and the Forwarding Services and for any
additional work and for any additional expenses caused by
any delay on the part of, or any act or omission of the
Customer or any third party including any non performance
of any of the Customer's obligations under the Contract.
6.7 No refund of any Charges or expenses paid to the
Supplier will be made by the Supplier save in the
circumstance specified in condition 6.5 above.
6.8 The Supplier will not be obliged to (but may at its
option) process any Order, carry out any instruction(s)
received from the Customer including Domain Name
Transfer, make any requested changes to the Domain Name
Services and the Forwarding Services unless or until all
moneys owed by the Customer to the Supplier (including
Charges) are received by the Supplier in full.
6.9 On termination (howsoever determined) of the Contract
the Customer will pay to the Supplier all outstanding
Charges and sums due pursuant to clause 6.6 above and for
all work done and expenses incurred by the Supplier in
relation to all Orders placed by the Customer.
7. DURATION OF SERVICES
7.1 The provision of the Domain Name Services and/or
Forwarding Services will commence from the date of the
registration of the Domain Name(s) with the Naming
Authority or the date on which the Supplier receives
authority for the Domain Name(s) via a Domain Name
Transfer as the case may be and shall continue until the
expiry of the Initial Period or the relevant Renewal
Period as the case may be.
7.2 At the end of the Initial Period or any subsequent
Renewal Period the Customer may request provision of the
Domain Name Services and/or the Forwarding Services for
the following Renewal Period commencing at the date of
expiry of the Initial Period or the last Renewal Period
as the case may be and the Supplier will supply the same
for the said Renewal Period subject to :-
7.2.1 The Naming Authority agreeing to the renewal of
the Domain Name(s) registration.
7.2.2 Payment by the Customer to the Supplier of the
applicable Charges in force at least seven days prior
to the commencement of such relevant Renewal Period.
On expiry, the Domain Name will remain live for between 14 and
30 days. The Domain Name will then be suspended causing all services
on the domain name to stop functioning. There is then a further
grace period between 14 and 30 days during which the Domain Name
can still be renewed. There is then a further redemption status
period (does not apply to all domain names) during which a recovery
process is required to renew the Domain Name (incurring additional
costs which are detailed under Charges). If not renewed/recovered,
the Domain Name is then deleted by the Naming Authority making this
available for registration on a first-come first-served basis.
Customers are therefore encouraged to renew their domain names
8. CUSTOMER'S OBLIGATIONS AND ACKNOWLEDGMENTS
8.1 The Customer will, at its expense, perform the
obligations on the part of the Customer set out in the
8.2 The Customer will provide the Supplier, free of
charge, with all information reasonably requested by the
Supplier to enable the Supplier to provide the Domain
Name Services and/or the Forwarding Services. The
Customer will ensure that its staff, contractors and
other suppliers co-operate fully with the Supplier and
cause no delay. Where the Supplier needs the Customer to
provide information or to take a decision, the Customer
will do so promptly in order not to delay the Supplier.
8.3 The Customer acknowledges that the Naming Authority
and the Supplier may allow other organisations and
members of the public to access the Domain Registration
Data for the purpose of obtaining information about the
registration of the Domain Name(s)
8.4 The Customer authorises the Supplier to hold the
Customer's Data on the Supplier's database and in the
absolute discretion of the Supplier to release the same
to any third party for marketing purposes only subject to
all applicable legislation.
8.5 The Customer undertakes to read and comply with the
Naming Authority Terms and Conditions for the
registration of Domain Name(s) and if the Customer fails
to comply with any of those terms and conditions the
Customer's registration may be cancelled or suspended.
8.6 Unless the Order specifies that the Supplier should
host the Domain Name , the Customer will ensure that it
has and provides the Supplier with details of a primary
and a secondary active and reachable name server for the
Domain Name. The Customer will promptly notify the
Supplier of any change to the details it provides to the
Supplier in accordance with this clause.
8.7 The Customer acknowledges that neither acceptance by
the Supplier of any Order for registering or renewing a
Domain Name nor any subsequent registration or renewal of
such Domain Name shall constitute confirmation that use
of such Domain Name by the Customer will not infringe the
rights of third parties. The Customer agrees to carry out
its own prior investigations in this regard.
8.8 The Customer acknowledges that the registration of a
Domain Name(s) does not, in itself, create any
proprietary right in the name used as a domain name. The
Customer will notify the Supplier and the Naming
Authority immediately in writing in the event that any
legal proceedings are issued or threatened or any other
legal action is taken against the Customer in respect of
the Domain Name(s).
8.9 The Customer will promptly inform the Supplier of any
changes to the Customer's Data.
8.10 The Customer will promptly reply to any direct
communication from the Naming Authority and in
particular, in the case of a UK Domain Name, shall
complete and return to the Naming Authority a complete
and correct registration certificate receipt. UK Domain
Name registration is not complete until the Customer
returns the certificate receipt to the Naming Authority.
8.11 The Customer acknowledges and accepts that it bears
sole responsibility, legal and otherwise, for the content
of all Material. For the avoidance of doubt, this clause
shall apply to Material posted on to the Supplier's
server by or on behalf of the Customer, whether by the
Supplier or a third party.
9.1 The Contract may be terminated:
9.1.1 immediately by the Supplier on giving notice in
writing to the Customer if the Customer fails to pay
any sum due to the Supplier under the Contract and that
sum remains unpaid for 14 days after written notice
from the Supplier that the sum has not been paid; or
9.1.2 immediately by the Supplier on giving notice in
writing to the Customer if the Customer commits any
material breach of any term of the Contract, (other
than any failure by the Customer to make any payment,
in which case the provisions of conditions 9.1.1 will
apply) and (in case of a breach which is capable of
being remedied) has failed, within 28 days after the
receipt of a request in writing from the Supplier so to
do, to remedy the breach; or
9.1.3 by either party immediately on giving notice in
writing to the other if the other (being a company) has
a receiver or administrative receiver appointed of it
or over any part of its undertaking or assets, or
passes a resolution for winding-up (other than for the
purposes of a bona fide scheme of solvent amalgamation
or reconstruction), or if a court of competent
jurisdiction makes an order to that effect, or if the
other party becomes subject to an administration order
or enters into any voluntary arrangement with its
creditors, or if any similar process to any of the
above is begun, or if the other party ceases or
threatens to cease to carry on its business (or being
an individual) is made bankrupt, becomes insolvent or
enters into an arrangement with creditors.
9.1.4 by the Supplier in the event that any legal
proceedings are issued or threatened or any other legal
action is taken against the Customer or the Supplier in
respect of the Domain Name(s).
9.2 Any termination or expiry of the Contract (however it
happens) will not affect any accrued rights or
liabilities of either party.
10 EFFECT OF TERMINATION
Conditions 2, 6.7, 6.8, 6.9, 8, 9.2, 10, 12, 13, 14, 15,
16, 17 and 18 will survive the termination of the
Contract and continue indefinitely.
The Supplier may assign or subcontract any of its rights
under the Contract. The Customer may not assign or
transfer the Contract either in whole or in part or sub-
license any of its rights under the Contract.
12.1 Notwithstanding anything else contained in the
Contract, the Supplier will not be liable for any delay
or failure in performing its obligations under the
Contract if that delay or failure is caused by
circumstances beyond its control (including, without
limitation, any delay caused by any act or omission of
the Customer or any third party).
12.2 The Supplier will endeavour to comply with any
timetable or dates which the Supplier has given to the
Customer for the provision of the Domain Name Services
and Forwarding Services but any such timetable or dates
are estimates only, and the Supplier will not be liable
for any delay or failure to perform in accordance with
that timetable or those dates.
13 CUSTOMER'S WARRANTIES & INDEMNITIES
13.1 The Customer warrants to the Supplier that the
Customer has not been induced to enter into the Contract
by any warranties or representations. The Customer waives
any claim for breach of any representation and for any
misrepresentation, except in respect of any fraudulent
13.2 The Customer warrants to the Supplier that the
Customer has the right to disclose the Customer's Data to
the Supplier and that the Supplier is entitled to retain,
disclose and amend that information for the purposes of
fulfilling its obligations under the Contract. Without
prejudice to the above, the Customer also warrants that
it has obtained the consent of any individual whose
personal data is disclosed to the Supplier under the
13.3 The Customer warrants to the Supplier that the
Customer's Data is complete, up to date, true and correct
and that all additions and changes to the Customer's Data
will be complete, up to date, true and correct, and that
the Customer will not do anything or omit to do anything
which might put the Supplier in breach of any data
protection legislation or any data protection principles.
13.4 The Customer warrants to the Supplier that neither
the registration of the Domain Name(s) nor any direct or
indirect use of the Domain Name(s) will infringe the
Intellectual Property Rights or other rights of any third
party. The Supplier's remedies under this warranty will
continue to be available notwithstanding any subsequent
surrender, cancellation or transfer of the Domain Name.
13.6 The Customer represents, undertakes and warrants to
the Supplier that the Customer will not use the Domain
Name Services for any illegal or immoral purposes, nor in
any manner or for any purpose which would give rise to
any claim against the Supplier, or which would infringe
the rights of any third party.
13.6 The Customer represents, undertakes and warrants to
the Supplier that:
13.6.1 the Customer will not use the Forwarding
Services for any illegal or immoral purposes, nor in
any manner or for any purpose which would give rise to
any claim against the Supplier in any jurisdiction, or
which would infringe the rights of any third party.
13.6.2 that the Customer is the registered proprietor
of the e-mail address and/or existing website specified
to the Supplier for the purposes of the Forwarding
Services or holds valid authority to authorise the
Supplier to provide the Forwarding Services in relation
13.7 The Customer warrants, represents and undertakes in
relation to all Material that:
13.7.1 it is not Inappropriate Material;
13.7.2 the Customer either has sole ownership of all
Intellectual Property Rights in such Material in each
jurisdiction from which the Domain Name may be accessed
and/or has obtained full and effective licence(s) from
all relevant third parties allowing the Customer or a
third party acting on behalf of the Customer to provide
the material to the Supplier and/or use the Material
and to permit its dissemination world wide;
13.8 The Customer will indemnify the Supplier and keep
the Supplier indemnified in full on demand by the
Supplier against all costs, (including the costs of
enforcing this indemnity) claims, expenses, and
liabilities incurred or suffered by the Supplier in the
course of acting on behalf of or as agent for the
13.9 The Customer hereby acknowledges that it is not in
any way associated or affiliated with the Supplier and
the Contract does not in any way create any association
or partnership between the Customer and the Supplier and
the Customer warrants that it shall not in any way hold
itself out to be in any way so associated or affiliated.
13.10 The Customer will indemnify the Supplier and keep
the Supplier indemnified in full on demand by the
Supplier against all claims, costs (including the costs
of enforcing this indemnity), damages, losses, expenses
and liabilities incurred by the Supplier in connection
with any breach of any of the Customer's warranties in
conditions 13.1-13.7 inclusive and in connection with any
breach by the Customer of any of its warranties or
obligations under the Contract.
14 LIMITATION OF LIABILITY
14.1 No representation or warranty is given that the
domain hosting or Forwarding Services will be
uninterrupted or error free or that all errors, defects
or deficiencies can be corrected or remedied.
14.2 Because of the uncertainty of future events and
circumstances the Supplier does not guarantee that its
forecasts, projections, advice or recommendations, or the
contents of any report, presentation or other document
will be achievable, and the Customer acknowledges that
the Supplier gives the same to address specific
circumstances at the time. All information supplied by
the Supplier will be supplied in good faith but the
accuracy and completeness of any information obtained
from, or based on information obtained from, the Customer
or any third party is not guaranteed by the Supplier. It
is not within the scope of the Supplier's obligations to
enquire as to or to verify the accuracy or completeness
of any such information.
14.3 The Supplier provides the Domain Name and
Forwarding Services in accordance with the Contract and
to the standards the Supplier considers appropriate to
the nature of services generally required by its
customers and, accordingly, to the maximum extent
permitted by law, except as expressly stated in these
terms and conditions and in so far as required by law
where the Customer has dealt as a consumer (as defined in
the UK Unfair Terms in Consumer Contracts Regulations
1994), all implied conditions, warranties and terms
(whether express or implied by statute, common law,
custom or otherwise) including, but not limited to, those
relating to the exercise of reasonable care and skill,
fitness for purpose and durability and satisfactory
quality (where applicable) are hereby excluded in
relation to the Domain Name and Forwarding Services.
14.4 The Supplier will not be liable in contract or in
tort (including negligence) or in any other way for any
loss or damage sustained or incurred by the Customer or
any third party (including, without limitation, any loss
of use of any software or equipment, or loss of or
spoiling of any data, or the results of processing any
data) resulting from any defect, deficiency or error in
any equipment or in any software or in any associated
documentation, or for any failure or interruption of any
telecommunications facilities or network systems.
14.5 Notwithstanding anything else contained in the
Contract, the Supplier will not be liable to the Customer
for loss of profits, loss of business, loss of
anticipated savings, loss of opportunity, loss of
contracts, loss or spoiling of data or any indirect or
consequential loss whatsoever, whether arising from
negligence, breach of contract or in any other way, and
whether or not of a kind foreseeable by the Supplier.
14.6 The Supplier will not be liable to the Customer for
any loss arising out of any failure by the Customer to
keep full and up-to-date security copies of the computer
programs and data which it uses; the Customer's failure
to comply with any technical prerequisites specified from
time to time by the licensor of any software or the
manufacturer of any equipment; any error or
incompleteness in the Customer's Data ; any fault in any
media ; any delay or failure on the part of the Customer
in providing any of the Customer's Data to the Supplier ;
any delay or failure on the part of the Customer to
notify the Supplier of any error in any output or of any
actual or suspected failure of, or error or defect in,
any equipment, software, network or telecommunications
system; any failure of the Customer to comply with the
terms and conditions of the Contract; or any delay or
failure on the part of any hardware or software supplier
or maintainer to correct any fault or defect or to
provide any other service.
14.7 The limitation and exclusions on the Supplier's
liability in the Contract do not apply in respect of
death or personal injury suffered by the Customer which
was caused by the negligence of the Supplier or its
employees acting in the course of their employment.
14.8 Subject to the provisions of Clause 14.7, the
liability of the Supplier whether in contract or in tort
(including negligence) or in any other way in connection
with the Contract, the Domain Name Services and/or
Forwarding Services, will be limited to damages which
will not exceed, in aggregate, 125% of the fees paid by
the Customer to the Supplier in respect of the specific
Order to which the claim for damages relates or one
hundred pounds (£100) whichever is the greater.
14.9 The Supplier does not warrant or represent that the
Domain Name(s) will be registered by the Naming
Authority or will continue to be available for the use by
the Customer. Nor does the Supplier warrant or represent
that the use of any Domain Name(s) will not infringe the
Intellectual Property Rights or any other rights of any
14.10 The Supplier accepts no responsibility for the use
or consequences of any use of any Domain Name(s), in
particular for any conflict with or infringement of
Intellectual Property Rights.
15 WAIVER OF REMEDIES
No forbearance or delay by either the Supplier or the
Customer in enforcing any of their respective rights will
prejudice or restrict those rights. No waiver of any
rights will operate as a waiver of any subsequent breach.
No right, power or remedy conferred on or reserved to
either the Supplier or the Customer is exclusive of any
other right, power or remedy available to it and each of
those rights, powers and remedies is cumulative.
If any clause of these terms and conditions is held to be
invalid or unenforceable in whole or in part, the invalid
or enforceable wording shall be deemed to be omitted.
All notices to be given under these terms and conditions
will be deemed to have been served only if delivered by
hand or sent by pre-paid post, or by fax or e-mail, to
the intended recipient at its last known postal or e-mail
address or fax number. The notice will be effective: if
delivered by hand, on delivery; if sent by fax or e-mail,
when the sender receives confirmation of error free
transmission or of receipt; and if sent by post, on the
fourth day after posting.
18 ENTIRE AGREEMENT
18.1 The Contract contains the entire agreement between
the Supplier and the Customer in respect of its subject
matter and supersedes any previous agreements,
undertakings, proposals, written or oral between the
Supplier and the Customer relating to such matters.
18.2 No oral explanation or oral information given by any
party to the Contract shall alter the interpretation of
these terms and conditions and in agreeing to these terms
and conditions the Customer has not relied on any
representation other than those (if any) expressly stated
in these terms and conditions.
18.3 The Customer agrees with the Supplier that the
Customer shall have no remedy in respect of any
misrepresentation which has not been made expressly in
BeepWeb Limited Domain Name Service Terms and Conditions