Terms & Conditions

1. Information About Us

1.1 We operate the website tasjeel.ae. We are Host Arabia FZ-LLC, a company registered in Ras Al Khaimah, United Arab Emirates, under company number 5004593 with our registered office address as Host Arabia FZ-LLC, RAKEZ Business Zone, RAK, UAE and postal address at: Host Arabia FZ-LLC, P.O BOX 35065, Dubai, United Arab Emirates.

 

7.10. The Client acknowledges that registration of a Domain is subject to third party terms and conditions including those from the relevant registry for the Domain extension. The Client confirms that it will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. Further, the Client indemnifies both Host Arabia FZ-LLC and the applicable registry for a Domain in respect of the Client’s use of the Domain and in respect of the Client’s failure to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.

7.11 The Client acknowledges and accepts that domain registration and renewal services are limited to the forwarding by Host Arabia FZ-LLC of the Client’s request to register or renew a domain to the relevant registry for that domain. It is at all times the Client’s responsibility to check that a Domain has been registered and/or renewed with the registry as appropriate.

7.12 The Client warrants that the registration of a domain name requested by a Client (‘a Domain’) and the manner in which it is to be used, either directly or indirectly:

7.12.1. will not infringe any third party rights, including third party intellectual property rights;

7.12.2. Is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and

7.12.3. will at no time be used for an unlawful purpose whatsoever.

7.13. While Host Arabia FZ-LLC shall use reasonable endeavours to register a Domain, the Client accepts that Host Arabia FZ-LLC is not required to accept any request to register a Domain or to continue with any attempt to register a Domain if the Domain is not capable of registration.

7.14. Host Arabia FZ-LLC makes no representations, express of implied, that a particular Domain is available for registration and Host Arabia FZ-LLC accepts no liability for failure to register a Domain for any reason.

7.15. Host Arabia FZ-LLC may from time to time change the registrar that a Domain is held with, at its discretion and without notice to the Client.

7.16. The Client accepts and consents to Host Arabia FZ-LLC making the Client’s registration details in relation to the Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.

7.17. The Client accepts and consents to the Host Arabia FZ-LLC making publically available certain of the Client’s information, for example by inclusion in the whois database, as required by law or for any other purpose required or permitted by ICANN, a relevant registry or any regulatory body. The Client consents to any and all such disclosures as set out in clauses 7.16 and 7.17 and waives any cause of action it may have against Host Arabia FZ-LLC in this respect.

7.18. In the event that the Client has not purchased the Whois Privacy Service, the Client must ensure that its details on the whois database are accurate and current failing which the Domain may be suspended by Host Arabia FZ-LLC, ICANN or the relevant registry until such time as the Client can prove that the details on the whois database are accurate.

7.19. The Client consents to some Domains extensions registered through Host Arabia FZ-LLC having [locks] automatically applied to such Domains.

7.20 Domain Renewals

7.21. Host Arabia FZ-LLC shall endeavour to automatically renew a Domain on a Client’s behalf when it is due for renewal subject to the following:

7.21.1. the Client has a valid and up-to-date payment method of its account; and

7.21.2. the Client has not set the Domain to either cancel or manual renewal in the Client’s control panel.

7.22. If either 7.21.1 or 7.21.2. above apply then Host Arabia FZ-LLC shall not automatically renew a Domain and the Client is entirely responsible for any consequences of a Domain not being renewed.

7.23. Domains which are automatically renewed by Host Arabia FZ-LLC will be ordinarily renewed for the same duration as the initial registration period. Clients may select a different renewal period by making amendments via the ‘Domain Renewals’ section of the Client’s control panel.

7.24. Host Arabia FZ-LLC shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time. Host Arabia FZ-LLC shall endeavour to follow any payment method set up on the Client’s account, however, Host Arabia FZ-LLC reserves the right to take payment from any stored payment method on the Client’s account.

7.25. Domain renewals shall be charged at Host Arabia FZ-LLC’s prevailing rate at the time of the renewals. Host Arabia FZ-LLC’s prevailing rates can be located on Host Arabia FZ-LLC’s website.

7.26. If a Domain is not renewed by the applicable renewal date then the Domain shall become an Expired Domain and clause 7.59 below shall apply.

7.27. Most Domains can be registered and/or renewed for up to ten years, however, certain Domains are subject to restrictions on the length of initial registration or renewal. These restrictions are set by the respective registries.

7.28 Domain Cancellations

7.29.1. Should you want to cancel your .ae or امارات. (dotEmarat) domain name within the first 3 days of your domain registration, Host Arabia FZ-LLC will refund your full domain registration fee minus the credit card processing fee (AED 10). Refunds are not available for customers after 3 days of domain registration. You may however cancel your account at any time. You may need to contact customer service and verify information before cancellation takes place. Customer are requested to submit a ticket requesting canceling the domain name.

 

7.30 Other Domain registrations (excluding .ae and امارات.) and/or renewals are not able to be cancelled by Host Arabia FZ-LLC in whole or in part.

 

7.31. If the Domain is purchased alongside another Host Arabia FZ-LLC service then the Client must cancel both the Domain and the other Host Arabia FZ-LLC service separately. Cancellation of either the Domain or any other service will not automatically cancel the other.

7.32Domain Refunds

7.33. Domain registrations (excluding .ae and امارات. (dot Emarat) and/or renewals are non-refundable by Host Arabia FZ-LLC in whole or in part.

7.34 Should you want to obtain a refund of your .ae or امارات. (dotEmarat) domain name within the first 3 days of your domain registration, Host Arabia FZ-LLC will refund your full domain registration fee minus the credit card processing fee (AED 10). Refunds are not available for customers after 3 days of domain registration. Customer are requested to submit a ticket requesting cancelling the domain name.

7.35. Other domains registrations (besides .ae and امارات. ). Once a Domain has been registered by the applicable registry, Host Arabia FZ-LLC is unable to refund any refund in respect of that Domain. This is due to the bespoke nature of Domains and the Client accepts this to be a fair apportionment of risk given Host Arabia FZ-LLC’s inability to claim a refund from the relevant registry.

7.36. Any refund on a Domain prior to registration with the relevant registry is entirely at Host Arabia FZ-LLC’s discretion.

7.37. The Client accepts that Host Arabia FZ-LLC is unable to verify or check for errors in Domain registration requests. Accordingly, the Client is solely responsible for ensuring that a Domain has the correct or intended spelling.

7.38. As set out in the General Terms and Conditions and above, Domain registrations are a bespoke purchase to the Client’s specification and accordingly the Client, when a consumer, waives any right to a cooling off period that may be applicable. If the Client as a consumer is not willing to waive such right then the Client must make Host Arabia FZ-LLC aware of the same and Host Arabia FZ-LLC will be unable to register a Domain until after the applicable cooling off period has expired.

7.39 Domain Transfer & Ownership Terms

7.40. Host Arabia FZ-LLC shall determinate the ownership of a registered Domain by reference to the details held on the whois database. If the whois database details are not determinative then Host Arabia FZ-LLC shall be entitled to request whatever supporting evidence it may require to ascertain ownership.

7.41. In the event that ownership of a registered Domain is disputed then the Client agrees to make all reasonable efforts to resolve such dispute with the third party, including before involving Host Arabia FZ-LLC and at Host Arabia FZ-LLC’s request.

7.42. If a Client wishes to transfer ownership of a registered Domain the Client must:

7.42.1. ensure that all necessary consents and permissions to that transfer have been obtained;

7.42.2. deliver to Host Arabia FZ-LLC documentary evidence of all such relevant consents and permissions;

7.42.3. accept that Host Arabia FZ-LLC is under no obligation to carry out any transfer request if the Client fails to satisfy Host Arabia FZ-LLC that the documentation provided shows the transfer to be properly requested or authorised or where the Client has not complied with this clause 5.3.

7.43. The transfer service offered by Host Arabia FZ-LLC is supplied on the basis that the Client is solely responsible for obtaining the authorisation code of the domain to Host Arabia FZ-LLC and to ensure that the transfer completes to the Client’s specifications. If a transfer is cancelled, the Client will be responsible for contacting Host Arabia FZ-LLC to request a refund for the incomplete transfer, if applicable

7.44. The Client accepts that the transfer of a gTLD Domain may require Host Arabia FZ-LLC to carry out a manual transfer. In such event, the Client agrees to pay the applicable manual transfer fee to Host Arabia FZ-LLC as stated on Host Arabia FZ-LLC’s website and as updated from time to time.

7.45. On transfer, the Client can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. The Client acknowledges that the maximum terms for a particular domain may vary and are available on an “as is” basis as displayed by Host Arabia FZ-LLC. Clients acknowledge that one year may be added and charged to some domain extensions when transferred, including but not limited to .AE, .COM, .NET

7.46. Host Arabia FZ-LLC will only allow a domain name owned or managed by the Client to be attached to the AEDA tag of Host Arabia FZ-LLC or any of its Associated Companies if the Client has an active hosting account with Host Arabia FZ-LLC or one of its Associated Companies or when the Client is holding the domain name within a Host Arabia FZ-LLC account.

7.47. The Client agrees that on to transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) the Client will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at Host Arabia FZ-LLC’s request.

7.48. Host Arabia FZ-LLC will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by the Client to Host Arabia FZ-LLC.

7.49. In the event that Host Arabia FZ-LLC receives a complaint in regards to trademark / brand infringement, Host Arabia FZ-LLC has the right to place a Domain on hold and move into the Host Arabia FZ-LLC holding account. Host Arabia FZ-LLC shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to Host Arabia FZ-LLC by the Client.

7.50. In the event of receiving documentation which matches the WHOIS details, Host Arabia FZ-LLC reserves the right to move a Domain from the current Domain holder’s account into a Host Arabia FZ-LLC holding account, lock the domain and place a registrar hold on it. Host Arabia FZ-LLC shall not move the Domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to Host Arabia FZ-LLC by both parties proving the same. This documentation may include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.

7.52. For all applicable gTLDs the Client agrees that Host Arabia FZ-LLC will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for the Client whenever a request is made to update the registrant contact details associated with a Domain. In that respect, the Client expressly authorises Host Arabia FZ-LLC to approve a change of registrant of any change to the registrant’s details on behalf of the Client.

7.53. The Client acknowledges and accepts that where Host Arabia FZ-LLC takes an action on a Domain as a Designated Agent under clause 5.12 then such Domain will be opted out from any 60-day transfer lock period.

7.54 Expired Domains

7.55. In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired.

7.56. A registered Domain shall expire if Host Arabia FZ-LLC is unable to take payment via the method stored on the Client’s Host Arabia FZ-LLC account, where the Client has set the Domain to expire or where the Client fails to manually renew the Domain by the renewal date.

7.57. It is the Client’s responsibility to ensure that the email address stored on its’ Host Arabia FZ-LLC account is up to date and is able to receive renewal reminders from Host Arabia FZ-LLC.

7.58. Following the expiry date a domain may enter a grace and/or redemption period. Certain registries do not allow for grace and/or redemption periods.

7.59. Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by the Client or Host Arabia FZ-LLC following the expiry date and in such circumstances Host Arabia FZ-LLC’s agreement with the Client for that Domain will terminate immediately and without liability to Host Arabia FZ-LLC. Further, Host Arabia FZ-LLC is under no duty to attempt to recover such Domain(s).

7.60. The Client acknowledges that three (3) calendar days after the date of expiration of a Domain, Host Arabia FZ-LLC may in its sole discretion carry out the following actions:

7.60.1. renew the Domain;

7.60.2. park the Domain on different name servers from those set by the Client including the Host Arabia FZ-LLC name servers; and/or

7.60.3. where the relevant registry does not allow for grace or redemption periods, clause 6.5 above shall apply.

7.61. Provided that the relevant registry for the Domain(s) allows a grace period, the Client acknowledges that it has up to 28 days following expiry of the Domain(s) (‘the Grace Period’) to contact Host Arabia FZ-LLC to retrieve and renew the Domain provided that the Client pays for said renewal in full and in cleared funds.

7.62. On receipt of the renewal fee by Host Arabia FZ-LLC within the Grace Period, the Client will retain ownership of the Domain(s) and as soon as reasonably practicable Host Arabia FZ-LLC shall restore the Domain(s) to the Client’s control panel.

7.63. The Client acknowledges that following the end of the Grace Period Host Arabia FZ-LLC may at its sole discretion carry out the following actions:

7.63.1. auction the Domain;

7.64.2. change the contact details; and/or

7.65.3. transfer the Domain.

7.66. If Host Arabia FZ-LLC does not receive the renewal fee within the Grace Period then Host Arabia FZ-LLC’s agreement with the Client for that Domain will terminate immediately and without liability to Host Arabia FZ-LLC.

7.67. Provided that the relevant registry of the Domain(s) allows for a redemption period, if Host Arabia FZ-LLC receives a request from the Client to renew the Domain after the end of the Grace Period (‘the Redemption Period’), the Client agrees to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). Both the length of the Redemption Period and the redemption fee varies depending on the registry involved and the applicable redemption fees can be located here.

7.68. Clients acknowledge and agree that Host Arabia FZ-LLC is not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the Client has paid both the redemption and renewal fees to Host Arabia FZ-LLC.

7.69. Host Arabia FZ-LLC endeavours to renew Domain(s) on behalf of the Client. However, Host Arabia FZ-LLC make no guarantee that attempted renewals, including attempts to renew expired domains, will be successful and it is the Client’s responsibility to check the WHOIS database, and any other source, to ensure the Domain name has been renewed.

7.70.  You agree to the terms of the applicable domain name registration agreement (as amended from time to time) – for .ae and امارات. domains,  www.icann.org for .com, .net, .org, .info. biz domains and www.nominet.org.uk – for .uk domains

7.71. In the event of a chargeback request being received for any payment, you agree that all services under your account will immediately be suspended pending investigation. If you are not a customer of ours and believe your card has been used fraudulently, please contact [email protected] for assistance as we have a zero tolerance approach to online fraud and endeavour to immediately delete fraudulent services (phishing, malware etc). If however you are an existing customer, please note we will never charge you without prior notification. Therefore please first raise a support ticket from your account with any billing queries before contacting your financial institution. Chargebacks raised in bad faith will be subject to an AED 250 administration fee.

 

7.72. Free domains

Some of our hosting packages include a free domain registration or transfer. This applies to a limited number of domain extensions and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. All other extensions are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period is one year. Future renewals of these domains will incur our regular renewal fee.

 

7.72.1 The free domain offer on annual plans is only for the first year and only valid on standard domains: e.g. .ae and.com. This isn’t applicable on premium TLDs. e.g. .dubai.

7.72.2 The free domain is a welcome gift and should be chosen at checkout with your hosting. This can’t be redeemed after your initial hosting purchase.

7.72.3 Free domains are only applicable to new hosting accounts only, upgrading or switching from another Host Arabia FZ-LLC hosting package will not qualify for a free domain.

7.72.4 If the hosting is refunded the cost of the free domain will be deducted from this as the domain is yours to keep until expiry.

 

8. .ae domain and . امارات. Domain Name Registrant Agreement

By Registering your desired .ae or امارات. (dotEmarat) Domain Name,You will be entering into a Registrant Agreement with Host Arabia FZ-LLC and a Domain Name Licence with the TRA. Should You not agree to any of the conditions in the Registrant Agreement or the Domain Name Licence, do not proceed with the Registration. A copy of the Registrant Agreement is presented below.

 

1. Registrar’s agency
The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.

2. Registration of Domain Names
2.1 A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.

2.2 The Registrar and the Registrant do not have any proprietary right arising from:

2.2.1 the Registered Name; or

2.2.2 the entry of a Domain Name in the Registry Database.

2.3 All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.

3. Registrant information
The Registrant grants to:

3.1 the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA’s website;

3.2 the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and

3.3 the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.

4. Change of Registrar
4.1 The Registrar must ensure that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as:

4.1.1 the maximum fees chargeable by the Registrar;

4.1.2 when fees are not chargeable by the Registrar;

4.1.3 the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and

4.1.4 the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.

4.2 In the event that:

4.2.1 the Registrar is no longer a Registrar; or

4.2.2 the Registrar’s Accreditation is suspended or terminated; or

4.2.3 the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 Calendar Days of written notice being provided to the Registrant by the .aeDA.

In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.

5. Registrar’s obligations
5.1 The Registrar must immediately give written notice to the Registrant if:

5.1.1 the Registrar is no longer a Registrar; or

5.1.2 the Registrar’s Accreditation is suspended or terminated; or

5.1.3 the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.5.2 The .aeDA may post notice of:

5.2.1 the fact that the Registrar is no longer a Registrar;

5.2.2 the suspension or termination of a Registrar’s Accreditation; or

5.2.3 the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registraron its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.

6. Registrant’s obligations
6.1 Throughout the Term of the Registrant Agreement, the Registrant must:

6.1.1 comply with the .aeDA Policies; and

6.1.2 give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.

6.2 The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise:

6.2.1 Register a Domain Name for the purpose of diverting trade from another business or web site;

6.2.2 deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and

6.2.3 Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another Registrant from Registeringit.

6.3 The Registrant must not in any way:

6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;

6.3.2 grant or purport to grant a Registered Domain Name as security; or

6.3.3 encumber or purport to encumber a Domain Name Registration.

6.4 The Registrant will, immediately upon being requested to do so, enter into Domain Name Licence with the .aeDA.

7. Dispute resolution
7.1. The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.

8. Registrant Warranties
8.1 The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the.aeDA.

8.2 The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Rgreement if any of the warranties are not true.

8.3 The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

8.3.1 the Registrant is relying upon the same Eligibility criteria for both Domain Names; and

8.3.2 the Domain Name has previously been rejected by the other Registrar.

9. Liability
9.1 The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar.

9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).

9.3 The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

9.4 Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors.

 

9. Intellectual Property Rights 

9.1 For the purpose of this Contract, “Intellectual Property Rights” shall mean all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, whether registered or unregistered and including all applications for and renewals or extensions of such rights.

9.2 You retain all Intellectual Property Rights in the software and materials that you provide to us and you grant us a licence to such Intellectual Property Rights to the extent required for us to perform our obligations pursuant to this Contract.

9.3 All Intellectual Property Rights in any works arising in connection with the performance of the Services by us (the “Works“) shall be our property, and we hereby grant to you a non-exclusive licence to such Intellectual Property Rights for the sole purpose of receiving the benefit of the Services.

 

10. If there is a problem with the Services

10.1 In the unlikely event that there is any defect with the Services:

10.1.1 please contact us through the helpdesk or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name and server);

10.1.2 please give us a reasonable opportunity to repair or fix any defect; and

10.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 1 working day.

You will not have to pay for us to repair or fix a defect with the Services under this clause 10.1.

10.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Trading Standards office. Nothing in these Terms will affect these legal rights.

 

11. Price of Services

11.1 The prices of for the Services will be as quoted on our site from time to time.

11.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

11.3 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UAE for the time being.

11.4 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

 

12. How to Pay

12.1 You can only pay for the Services using a debit or credit card, PayPal or Bank Transfer. We accept the following cards: Visa, MasterCard, American Express.

12.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.

12.3 Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.

 

13. Termination 

13.1 Either party (the “Non-defaulting Party“) shall be able to terminate this Contract immediately in the event that the other:

13.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or

13.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it.

13.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.

13.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.

 

14. Consequences of Termination 

14.1 Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.

14.2 Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.

14.3 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

14.4 If a Contract is terminated pursuant to clause 13.2 or by you pursuant to clause 13.1:

14.4.1 we will promptly provide to you an electronic copy of the Hosted Materials; and

14.4.2 we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.

 

15. Our liability if you are a business

This clause 14 only applies if you are a business customer.

15.1 Nothing in these Terms limit or exclude our liability for:

15.1.1 death or personal injury caused by our negligence;

15.1.2 fraud or fraudulent misrepresentation; or

15.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.

15.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

15.2.1 any loss of profits, sales, business, or revenue;

15.2.2 loss or corruption of data, information or software;

15.2.3 loss of business opportunity;

15.2.4 loss of anticipated savings;

15.2.5 loss of goodwill; or

15.2.6 any indirect or consequential loss.

15.3 Subject to clause 14.1 and clause 14.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.

15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

 

16. Our liability if you are a consumer

This clause 15 only applies if you are a consumer.

16.1 Nothing in these Terms limit or exclude our liability for:

16.1.1 death or personal injury caused by our negligence;

16.1.2 fraud or fraudulent misrepresentation; or

16.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.

16.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

16.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 above, we have no liability to you for any

16.3.1 loss of profits, sales, business, or revenue;

16.3.2 loss or corruption of data, information or software;

16.3.3 loss of business opportunity;

16.3.4 loss of anticipated savings; or

16.3.5 loss of goodwill.

16.4 Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.

 

17. Indemnity

17.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

17.1.1 any breach by you of the warranties contained in clause 7; and

17.1.2 any claim made against us for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.

 

18. Events outside our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

17.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

17.3.1 we will contact you as soon as reasonably possible to notify you; and

17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

 

19. Communications between us

19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.

19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

20. Other important terms

20.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

20.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.

20.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.

20.4 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.

20.5 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

20.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.7 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the UAE.

20.8 The parties irrevocably agree that the courts of the United Arab Emirates have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

20.9 Calls may be recorded for training purposes.

20.10 Our DDoS protection is a network wide solution that covers all of our infrastructure. It is capable of mitigating the majority of DDoS attacks, but if the attack is large enough then i.p addresses, servers or websites may be black-holed or removed from the internet whilst the attack is in progress.