Terms

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1 This document was created using a template from SEQ Legal.

3. Copyright notice

3.1 Copyright (c) 2019 Big Marketing Ltd.

3.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. License to use website

4.1 You may:

• view pages from our website in a web browser;
• download pages for caching in a web browser;
• print pages from our website;
• stream audio and video files from our website; and
• use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not republish material from our website, sell, rent or sub-license it, show it in public, exploit it for a commercial purpose or redistribute it.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletters in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our website, or our whole website, at our discretion; you must not circumvent or bypass access restrictions.

5. Acceptable use

5.1 You must not:

• use the website in a way that causes, or may cause, damage or impairment of performance, availability or accessibility;
• use the website for unlawful, illegal, fraudulent or harmful purposes or activities;
• copy, store, host, transmit, send, use, publish or distribute spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious software;
• conduct systematic or automated data collection, including scraping, data mining, extraction or harvesting, without express written consent;
• access or interact with the website using robots, spiders or other automated means except for search engine indexing;
• violate the directives in the website’s robots.txt file; or
• use data collected from the website for direct marketing, including email, SMS, geo-location marketing, telemarketing or direct mailing.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all information supplied to us through or in relation to our website is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an account under this Section 6, you must be resident or situated in the United Kingdom.

6.2 You may register by completing and submitting the account registration form and clicking the verification link sent by email.

6.3 You must not allow any other person to use your account.

6.4 You must notify us in writing immediately if you become aware of unauthorised use of your account.

6.5 You must not use another person’s account to access the website.

7. User login details

7.1 If you register for an account, we will provide you with a user ID and password.

7.2 Your user ID must not be liable to mislead, must comply with the content rules in Section 10 and must not be used to impersonate any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for activity arising from any failure to keep your password confidential and may be held liable for losses arising from that failure.

8. Cancellation and suspension of account

8.1 We may suspend or cancel your account and/or edit your account details at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account using your account control panel on the website.

9. Your content: licence

9.1 “Your content” means all works and materials, including text, graphics, images, audio, video, audio-visual material, scripts, software and files, that you submit to us or our website for storage, publication, processing or transmission.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9.3 You grant us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You waive your moral rights in your content to the maximum extent permitted by applicable law and warrant that other moral rights have been waived to that extent.

9.6 You may edit your content to the extent permitted by the website’s editing functionality.

9.7 If you breach these terms, or we reasonably suspect that you have, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, infringe another person’s legal rights or be capable of giving rise to legal action.

10.3 Your content, and our use of it under these terms, must not be libellous or maliciously false; obscene or indecent; infringe intellectual property, confidence, privacy or data protection rights; constitute negligent advice or a negligent statement; incite crime; be in contempt of court or breach a court order; breach racial or religious hatred or discrimination legislation; be blasphemous; breach official secrets legislation or contractual obligations; depict gratuitous graphic violence; be pornographic or sexually explicit; be untrue, false, inaccurate or misleading; contain harmful instructions or advice; constitute spam; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety.

11. Limited warranties

11.1 We do not warrant or represent the completeness or accuracy of information published on our website, that material is up to date, or that the website or any service will remain available.

11.2 We may discontinue or alter website services, or stop publishing the website, at any time in our sole discretion without notice or explanation. Except as expressly provided otherwise, you will not be entitled to compensation or payment as a result.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude representations and warranties relating to these terms, our website and its use.

12. Limitations and exclusions of liability

12.1 Nothing in these terms will limit or exclude liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation, liabilities that cannot lawfully be limited, or liabilities that cannot lawfully be excluded.

12.2 The limitations and exclusions in this Section 12 and elsewhere are subject to Section 12.1 and govern liabilities arising under or relating to these terms, including contract, tort (including negligence) and breach of statutory duty, except where expressly provided otherwise.

12.3 To the extent that the website and its information and services are provided free of charge, we will not be liable for loss or damage of any nature.

12.4 We will not be liable for losses arising from events beyond our reasonable control.

12.5 We will not be liable for business losses, including loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable for loss or corruption of data, databases or software.

12.7 We will not be liable for special, indirect or consequential loss or damage.

12.8 You agree not to bring claims personally against our officers or employees for losses connected with the website or these terms, without limiting the liability of Big Marketing Ltd itself for their acts or omissions.

13. Breaches of these terms and conditions

13.1 If you breach these terms, or we reasonably suspect that you have, we may send formal warnings; temporarily suspend or permanently prohibit access; block computers using your IP address; contact internet service providers to request that they block access; commence legal action; and/or suspend or delete your account.

13.2 If we suspend, prohibit or block your access, you must not circumvent that restriction, including by creating or using another account.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 Revised terms apply from the date they are published on the website, and you waive any right you may otherwise have to be notified of, or consent to, revisions.

14.3 If you have expressly agreed to these terms, we will ask for express agreement to revisions. If you do not agree within the period specified, we may disable or delete your account and you must stop using the website.

15. Assignment

15.1 You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms.

15.2 You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations.

16. Severability

16.1 If a provision is determined by a court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed deleted and the rest will continue in effect.

17. Third party rights

17.1 A contract under these terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of the website and supersede all previous agreements relating to that use.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England.

20. Statutory and regulatory disclosures

20.1 We are registered in England and Wales under company registration number 4036780.

20.2 Our VAT number is 746 1167 33.

21. Our details

21.1 This website is owned and operated by Big Marketing Ltd.

21.2 We are registered in England and Wales under registration number 4036780, and our registered office is Building 3, Unit 3.5, Ground Floor, Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LF.

21.3 Our principal place of business is Building 3, Unit 3.5, Ground Floor, Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LF.

21.4 You can contact us by post using the postal address above, using our website contact form, by telephone on 01908 326666, or by email at info@bigmarketing.co.uk.

Nominet and key terms

.UK domain name registration terms and conditions for domain names

How to contact us
Mr Nick Hill
Big Marketing
Building 3, Unit 3.5, Ground Floor
Caldecotte Lake Drive
Caldecotte
Milton Keynes
MK7 8LF
Tel: 01908 326 666
Email: info@bigmarketing.co.uk (domains@email.co.uk)

For domain-name issues, the live terms ask customers to contact Big Marketing between 9.00 am and 17.30 pm Monday to Friday, excluding bank holidays. Outside those times, customers are advised to email. The live page says the company aims to respond within two business days and resolve issues within five business days.

To register a domain name

Please email info@bigmarketing.co.uk with the domain name you wish to register and full contact details. The live terms say a team member aims to make contact within four hours with further instructions and payment details.

Reporting abuse and complaints

To report abuse, such as phishing scams or spam emails, contact info@bigmarketing.co.uk with as much detail as possible. The live terms say complaints will be investigated as soon as possible. Service complaints should be emailed with details; the live terms say they will be acknowledged within two business days and the company aims to resolve them within five business days. If you are unhappy with the initial outcome, you may escalate the complaint to Nominet.

Nominet’s terms and conditions

The live terms say that registering a domain name with Big Marketing also means agreeing to Nominet’s Domain Name Registration Terms and Conditions, available at Nominet’s published PDF.

Domain name charges and other information

• Domain names registered with Nominet (the .UK registry) are charged in accordance with the prevailing Nominet Fees Schedule.
• Registrations are made initially for a minimum two-year term.
• Payment is required in advance by bank transfer; details are provided when a domain is submitted.
• If a domain name cannot be registered, the live terms say the customer will be fully refunded within five days.
• The live terms state that no termination charges are imposed.

Renewing domain names

The live terms say domains are renewed annually and reminder emails are sent 7, 5, 3 and 1 day before expiry to the email address on the account. The registrant is responsible for keeping contact details up to date. If you do not wish to renew, the live terms ask you to contact info@bigmarketing.co.uk at least three days before expiry.

Expiring domain names

The live terms state that if a domain is not renewed before expiry, services provided will be suspended and there is up to a 30-day protected period to renew at the original renewal fee. After 30 days, the domain enters a 60-day grace period during which it may still be renewed with an additional redemption fee of £100 plus VAT. The terms say the request must be made by email before the 80th day after expiry; after 90 days the domain will be cancelled, deleted from the register and made available for resale through a third-party registrar. Big Marketing does not guarantee renewal. By renewing, customers agree to the registrar’s and registry’s terms and conditions.

To view Nominet policies, the live terms link to Nominet UK Registry policies.

Source: Big Marketing live Terms page. This page includes the website terms and the .UK domain registration information displayed on that page.