TERMS AND CONDITIONS

BIGYOBI

 

1.         Our Contract

1.1       By using or subscribing to our website you acknowledge that you have read these Terms and Conditions (“Terms”), that you understand the Terms and that you have entered into a binding agreement (“the Agreement”), the conditions of which are set out in these Terms. 

 

2.         Definitions

2.1       In these Terms:-

           

            2.1.1    “your Data” includes your name, addresses, email addresses, bank or credit          card details details, other personal information, all and any other documents,     text, software, messages and other material of any kind and in any form        relating to you and any business with which you are associated and on behalf             of which you use our Website.

                         2.1.2    “our website” means www.bigyobi.com;

                         2.1.3    “our”, “we” and “us” means Bigyobi which is part of Safenames Limited (Company registration number 03802179) whose registered office is at Safenames House, Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS, England and, where applicable, its directors, officers, employees,  subcontractors authorised agents and affiliated companies;

                         2.1.4    "Privacy Policy" means our privacy policy appearing on our Website

2.1.5    “Regulation” means any applicable law, statutes, regulations, standards, codes of conduct, whether or not compulsory;

2.1.6    “Services” means products and services supplied by us through our Website, including, but not limited to “Global Combined Search" "Bulk Domain Checker" "Domain Watch" "Domain Alert" "Trademark Search" "Trademark Watch"  and "Domain Disputes Search";

2.1.7    "www" means the World Wide Web

2.1.8    “you” and “your” means any user of our Website and any business with which you are associated and on behalf of which you use our Website.

 

3.         Our Obligations

3.1       We will permit you to access, use and interact with our Website and Services subject to this Agreement for as long as the Agreement remains in full force and effect.

 

3.2       We will:-

 

3.2.1    exercise reasonable care in providing the Services;

3.2.2    use reasonable efforts to make our Website available to you at all times; and

            3.2.3    take the steps set out in our Privacy Policy to endeavour to secure any

                        personal data including credit card information you give us. 

 

3.3       As part of our obligation to use reasonable care in providing the Services we will use reasonable endeavours to be as accurate and as comprehensive as we possibly can.  However we cannot warrant or guarantee that we know or can find every domain name or trade mark that may be relevant to your enquiry.  You accept that the nature of the www is such that some domain names or trade marks may be inaccessible.

 

3.4       The information in any report provided by us pursuant to the Services is only valid (subject to 3.3 above) at the time and date when the report is posted to your account.  You accept that the nature of commerce and the www is such that the information in your report will go out of date very quickly.

 

3.5       A number of our Services depend on automated search tools devised by us.  It is not possible for us to apply human judgment to the information collected by such tools and you agree to the limitations inherent in this fact.  In particular visual images such as those catalogued by the Vienna Code system for visual trade marks collected by our software tools will not be subject to human scrutiny.

 

3.6       We may have to suspend the Services for repair, maintenance or improvement. If so,      we will restore them as quickly as is reasonably possible.

 

4.         Your obligations

4.1       You represent to us through our Website that all Services subscribed by you          through our Website will be made for purposes integral to your business and will be   within the scope of your authority to conclude contracts on behalf of your business. 

 

4.2       You must comply with our reasonable instructions and requests concerning our     Services.

 

4.3       You must provide us with all of your up to date contact details (including email       addresses) and promptly notify us of any changes.

 

4.4       You are responsible for all persons who use your password and/or security phrase to        access our Services, whether authorised or not, unless acting on our behalf.

 

4.5       You warrant that your use of our Services will not infringe any third party intellectual         property or other rights.

 

4.6       There is a risk that Data generated, stored, transmitted or used via or in connection           with the subscription may be irretrievably damaged or lost if there is a fault or on     suspension or termination. It is your responsibility to frequently back-up all such data       that you wish to save (excluding any Services that specifically includes a back-up      capability).

 

4.7       You agree that you will not use the Services in any way which is offensive, abusive or illegal or a nuisance to other users and that such conduct is a breach of these Terms

 

5.         Exclusions, Limitations and Indemnities

5.1       The Website, including any content or information contained within or provided through it, is provided on an “as is” basis with no representations or warranties of any kind other than those expressly set out in these Terms. 

 

5.2       In addition, we do not represent or warrant that:

 

            5.2.1    access to our Website, or any part of it, will be uninterrupted, secure, reliable or fault-free; or that

            5.2.2    our Website, or any of its contents, or the content of any report provided by us will 100% accurate and comprehensive

 

5.3       To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise) which we may otherwise have (save in respect of an express obligation accepted by us in these Terms) as a result of:

 

            5.3.1.   any technical, factual, textural or typographical inaccuracies, errors or omissions on or relating to our website or any information on our Website;

            5.3.2.   the unavailability of our Website (or any part of it) or Services;

            5.3.3.   any delay in providing, or failure to provide or make available Services; OR

            5.3.4.   any misrepresentation on or relating to our Website or Services.

 

5.4       In no event may you bring any claim against us more than 12 months after you knew of (or ought reasonably to have discovered) the event(s) giving rise to the potential liability.

 

5.5       Our maximum liability to your business in respect of your use of our website or any Services we provide or make available to you through or in relation to our website will be the amount of any subscription fees paid on behalf of your business during the year in which liability arose or the price of a report whichever is the greater.

 

5.6       You agree that we shall have no liability for:

 

5.6.1    indirect or consequential losses;

5.6.2    loss of goodwill or reputation;

5.6.3    damage to or loss of data even if we have been advised of the possibility of such losses;

5.6.4    economic losses (including but without limit to, loss of revenues, profits, contracts, business or anticipated savings); and

5.6.5    damages for loss of, or damage to, property.

 

5.7       We have no liability to you for the content of any third party website nor for any third party goods and services purchased by you.

 

5.8       You will indemnify us against all claims, damages, liabilities, costs (including             reasonable legal fees) directly or indirectly related to your use of the Services or breach by you of this Agreement.

 

5.9       To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these TERMS including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.

 

5.10     None of the above exclusions shall affect any statutory rights which are not capable of being excluded.  However, in such case WE Will have the option, where permitted by law, to offer you re-supply of our Website or Services by way of remedy.

 

5.11     You agree that each of these limitations in this clause 5 is reasonable.

 

6.         Website Subscription and Charges

6.1       By purchasing the Services on our Website, you agree to pay our charges at the rate applicable from time to time as set out on our Website.

 

6.2       Payment may be:

 

            6.2.1    online by credit or debit card in advance (we will make a charge for paying by                   card in an amount or at a rate notified to you at the time of ordering); or

            6.2.2    within terms specified on our invoice if we agree to charge by invoice; or

            6.2.3    by any other method that we specifically agree in writing.

 

6.3       Payment must be made without deduction or set-off and time for payment shall be of       the essence.

 

6.4       If you fail at any time to pay any charge or subscription charges due in accordance          with these Terms we may, in our discretion and without prejudice to our other rights, deny access to those areas of our Website which are exclusively available to you as      a subscriber.  We will not provide you with advance notice in such circumstances.

           

6.5       All charges remain payable where we suspend these Terms or any Services in     accordance with this Agreement.

 

6.6       We may charge interest on overdue sums (both before and after judgment) at the             rate for the tine being applicable under the Late Payment of Commercial Debts      (Interest) Act 1998.

 

6.7       All charges are non refundable unless otherwise stated.

 

7.         Modification and Termination of Terms and Subscription

7.1       We reserve the right at any time and from time to time to:

 

            7.1.1    modify these Terms (or any part thereof); and

            7.1.2    revise the content of our Website (including our Services):

 

                        temporarily or permanently, with or without notice.

 

7.2       We will take reasonable steps to bring to our customers' attention changes to these Terms.  Any changes shall be binding and effective on you when you click acceptance of our Terms after they have been altered and posted on our Website. Please check our Website frequently.  In addition, specific Services or information contained within our Website may be subject to additional posted Terms or guidelines applicable to such Services.  All such Terms or guidelines are hereby incorporated by reference into these Terms.

 

7.3       If you continue to use our Services after any changes take effect, you will be taken to have accepted these changes and so be bound by them.

 

7.4       You or we may terminate your subscription (as regards some or all of the Services) at any time and for any reason by giving 30 days written notice to the other.

 

7.5       You or we may terminate the subscription (as regards some or all of the Services) immediately on written notice if the other:

 

            7.5.1    commits a material breach of these Terms and , if remediable, having        received from the other party written notice stating the intention to terminate             the Terms if not remedied, fails to remedy the breach within 14 working days;          or

            7.5.2    is subject to a resolution for winding up or a petition for bankruptcy or         liquidation or proposes or enters any arrangement or composition with             assignment with or for creditors or a receiver or liquidator or trustee in bankruptcy is appointed over it or any of its assets or any similar     circumstances.

 

7.6       We may also terminate your subscription immediately (as regards some or all of the Services) on written notice if:

 

            7.6.1    you commit a material breach of any of these Terms and in particular upon           any failure by you to pay your subscription charges in accordance with these Terms;

            7.6.2    we are required to do so by Regulation or competent authority; or

            7.6.3    it is otherwise permitted under these Terms.

 

7.7       The consequences of termination of these Terms or suspension of Services for any reason:

 

            7.7.1    we will immediately stop supplying and will terminate access to, the relevant          Services

            7.7.2    any charges due remain payable;

            7.7.3    any rights that have accrued to either party at the date of termination and   clauses in these Terms which are expressed or intended to survive the         termination of these Terms shall survive and remain enforceable after        termination; and

            7.7.4    any termination of part of a bundled package of Services will terminate the            entire bundle; however we may in our discretion allow you to convert certain        bundled Services to stand-alone Services and be chargeable for that period       at our then current rate.

 

7.8       You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your subscription.

 

8.         Intellectual Property Rights

8.1       Copyright:

8.1.1    All rights in the design, text, graphics and other material on our Website and the selection and arrangement thereof are the copyright of us or other third parties.  Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the provision of the Services through our Website.  Any other use of materials on our Website (including reproduction for purposes other than those needed above and alteration, modification, distribution or new publication) without our prior written permission is strictly prohibited. 

 

8.2       Database

            8.2.1    All rights in the collection of independent works, data and other materials arranged in a systematic manner contained on our Website and through our Services are the database right of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the provision of the Services through our Website. Any other use of materials on our Website (including reproduction for purposes other than those needed above and alteration, modification, distribution or new publication) without our prior written permission is strictly prohibited.

 

8.3       Trademarks:

            8.3.1    All trademarks, product names and company names or logos used on our Website are our property or that of their respective owners.  No permission is given by us in respect of the use of any such trademarks, get-ups, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights. 

 

9.         Data

            You agree to be bound by the terms of our Privacy Policy.

 

10.       Credit Card Security and Registration

             10.1     We use a secure server that implements SSL (Geotrust) technology (certified to be standard for all encrypted credit or debit card transactions stipulated by Verisign Inc) to prevent any person from gaining access to your credit card or registration information whilst it is on our website or being transmitted across the internet.

 

11.       Events Beyond Our Control

            Neither party shall be liable for failure to perform or delay in performing any                       obligation (excluding payment) under this Agreement if the failure or delay is              caused by events or circumstances beyond its reasonable control including,                     without limitation, failure of any communications, telecommunications or                                   computer systems, strikes, walk-outs and other industrial disputes.

 

12        Notices

            12.1     You should send any notices under these Terms to Safenames House,                              Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS .

            12.2     We shall send any notices in accordance with the most recent contact                               information which you have provided to us.

            12.3     Notices may be sent by hand, recorded delivery, facsimile or email.

 

13        Jurisdiction

            This Agreement shall be governed by and interpreted in accordance with the                     Laws of England and Wales . 

 

14        General

14.1     You may not assign this Agreement or subcontract or resell any of the Services without our prior written consent.

14.2     We may assign this Agreement or subcontract any of the Services.

14.3     The failure by us to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy.

14.4     If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from this Agreement and the remaining Terms shall survive, remaining in full force and effect and continue to be binding and enforceable.

 

15.       Consumers

            Notwithstanding the aforegoing, none of the exclusions and limitations in these Terms are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence.