GlobalGold Network
Limited
Registered Office: Regency House,
33 Wood Street, Barnet, Hertfordshire, EN5 4BE
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY. THIS SERVICE ALLOWS YOU TO SUBMIT AN
ONLINE REQUEST FOR PRODUCTS AND/OR SERVICES. ANY SUCH REQUEST IS SUBJECT TO
AVAILABILITY AND GLOBALGOLD NETWORK LIMITED VERIFICATION PROCEDURES. NOTHING IN
THIS SITE SHALL BE DEEMED TO BE AN OFFER BY GLOBALGOLD NETWORK LIMITED TO
PROVIDE ANY GOODS OR SERVICES TO YOU. BY PLACING AN ORDER, GLOBALGOLD NETWORK
LIMITED WILL NOT BE BOUND TO PROVIDE YOU WITH SUCH PRODUCTS AND/OR SERVICES
UNTIL WE HAVE TOGETHER ENTERED INTO AN AGREEMENT FOR THE PURCHASE OF SUCH GOODS
AND/OR SERVICES. OUR PRODUCTS AND SERVICES THAT YOU MAY APPLY FOR USING THIS SERVICE
HAVE THEIR OWN TERMS AND CONDITIONS. IF THERE IS A DIFFERENCE, THE TERMS AND
CONDITIONS RELEVANT TO THE PRODUCT OR SERVICE SHALL PREVAIL.
1. DEFINITIONS
In these terms and conditions for online services the following words shall
have the following meanings:
"GGN" means GlobalGold Network Limited (whose registered office is at
Regency House, 33 Wood Street, Barnet, Hertfordshire, EN5 4BE) and its
respective successors and permitted assigns and employees and agents.
"Passwords" means the secret word or number used to confirm a User's
identity when using the Online Service.
"Online Service" means the online service that enables You to obtain
more information via the Internet regarding GGNÕs products and services; allows
You to Order GGNÕs products and service and allows You to monitor the status of
your requests.
"User" means, anyone You have authorised and GGN has approved to use
the Online Service.
"You/Your" means You the business entity on whose behalf you have
registered with GGN to use the Online Service and includes your business
entity's successors, permitted assigns, employees and agents.
ÒClientÓ
means the person(s) named on the Registration Form and any authorised user.
2. DURATION OF THE AGREEMENT
This
agreement will commence on the date on which the client completes the online
registration process and will continue in effect unless and until it is
terminated under the terms of this agreement.
3. YOUR OBLIGATIONS
You
represent that you have power and authority to enter into this agreement.
The
Service is provided solely for the ClientÕs and UserÕs use, however the Client
is permitted to re-sell the service to third-parties.
You
are responsible for anything which you transmit to, or receive from or via, or
which you post to GGN.
You
agree that you will be responsible for the acts and omissions of all Users in
connection with the Service.
You
agree that you will be aware of the Service Code which is made available for
the protection and safety of the Client and others using the Service.
You
are not permitted to transmit to, from or via anything that you do not have a
clear right to use. You must ensure that you do not transmit or post any
material containing software viruses or files designed to damage or disrupt the
good working order of any computer or telecommunications network or equipment.
You
are not permitted to do anything that may disrupt in any way the operation of
any Service of GGN by any other user such as: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
You
agree that you will not publish, post, upload, store, distribute, or
disseminate any unlawful defamatory, infringing, obscene, harmful,
confidential, libellous, hateful, or otherwise illegal material or information
or anything, which might constitute a criminal or civil offence.
You
agree that you will not upload files that contain software or other material
which are the intellectual property rights of any third party or which are
protected by rights of privacy or publicity of any third party without having
received all necessary consents.
You
agree that you will not download any file posted by another user of the site in
a form that you know or reasonably should know, cannot be legally distributed
in such a manner.
You
agree that you will not falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is uploaded.
You
agree that you will be responsible for any provision or maintenance of the
ClientÕs computer hardware, software and telecommunications equipment that give
the User access to the GGN services.
You
agree that you will comply with our reasonable instructions and requests
concerning the services.
We
may access, copy, preserve, disclose, remove, suspend or delete any data:
a)
In the event of exceptional circumstances concerning that data
b)
If we are required to do so by regulation or competent authority, or
c)
It is otherwise permitted under this agreement.
You
warrant that your use of the services will not infringe any third party
intellectual property or other rights.
4. OUR OBLIGATIONS
GGN
will provide the Client with the Service according to the terms of this
agreement.
GGN
endeavours to provide uptime in excess of 99.7% at all time.
GGN
makes no warranty that access and use of the Service will be error free.
However, we will use our reasonable endeavours to correct any errors, of which
you notify us, within 30 days of the date from which you notify us of the
error.
There
is a risk that data generated, stored, transmitted or used via or in connection
with the services 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 unless you have agreed separately with GGN.
The
services include support only insofar as specified in the relevant product
specifications on our website. We will use reasonable endeavours to meet any
specified response times and to rectify specified faults or problems but do not
guarantee that response times or rectifications will be achieved.
We
shall not in any event be obliged to supply support:
a) in respect of faults or problems directly or indirectly
arising from:
-
incorrect use of the Services;
-
products or services not supplied by us; or
-
any cause external to the services.
b) where you are using anything other than the most recent
version of, any relevant software
c) where you or any third party not authorised by us has
modified the relevant software or attempted to resolve the problem; or
d) if any fees due to us are unpaid.
Any
support which we agree to supply in addition to that covered by this agreement
shall be charged at our then current standard rates.
We
will process your personal data only in compliance with our privacy and
security policy. You consent to such processing. You also confirm that you have
shown our privacy and security policy to, and obtained similar consent from,
any third party individuals whose personal data you have supplied to us and you
will continue do so in future.
5. INDEMNITY
The
Client hereby indemnifies GGN from and against all liability, claims, costs,
losses, loss of profits, expenses, business interruption and other pecuniary or
consequential loss (including reasonable legal costs and expenses) suffered or
incurred by GGN as a result of:
5.1 Access to and/or use of the
Services by the Client and/or User
5.2 Any information, data or material
produced, transmitted or downloaded by the Client and/or User
5.3 Any breach by the Client and/or
User of any of the provisions of these Terms and Conditions or of any Law, Code
or Regulation relating thereto or to the Internet.
6. PASSWORDS
6.1 You are
responsible for ensuring each User complies with all security procedures as
notified to You by GGN on this website, via email, telephone or other means.
6.2 The Client
must use reasonable steps to keep the Password secret and should only disclose
it to Users.
6.3 The Client
must ensure Users take all reasonable steps to keep their Passwords secret. All
Users must not disclose Password details to anyone else, including other Users,
members of your staff or members of their families.
6.4 If the
Client or the User thinks that a Password is known to someone else, you must
ensure that you notify GGN immediately.
6.5 GGN will
suspend that User's use of the known Password until a new Password has been set
up.
6.6 The client
must not let anyone other than Users operate the Online Service for You.
6.7 You must
notify GGN of a change in Users as soon as practically possible so that GGN can
disable the Password.
7. OWNERSHIP OF INTELLECTUAL PROPERTY
Material and information supplied may contain valuable information that belongs
to GGN or others. You and Users must not use them other than to operate the
Online Service and must not take copies, sell, assign, lease, sub-license or
otherwise transfer such materials and information to anyone else.
We
grant you a non-exclusive licence to use, store and view on your internal
computer network and print up copies strictly for your personal use that part
of the materials we make available to you. The materials may not be otherwise
used, copied or transmitted without our prior written consent.
8. CONFIDENTIALITY
We
both agree not to use for any purpose apart from this agreement or disclose any
confidential data received from the other party. Confidential data means data
identified as, or which clearly is, confidential.
This
clause does not apply to data which:
a)
Enters
the public domain other than through breach of this clause;
b)
Is
or becomes independently known to the receiving party free from any
confidential restriction;
c)
Is
required to be disclosed by regulatory or competent authority;
d)
Is
reasonably disclosed to employees, suppliers or others for the proper
performance of the agreement;
e)
Is
reasonably disclosed to professional advisers; or
f)
Which
we are otherwise permitted to disclose in accordance with this agreement.
9. LIABILITY
9.1 Although
GGN has made reasonable endeavours to ensure that information contained on this
site or as part of the Online Service is correct, it is possible that
information may be incomplete, contain errors or be out of date. You must
verify any information obtained from this site or as part of this Online
Service before acting upon it.
9.2 All other
warranties, terms and conditions, whether express or implied, statutory or
otherwise relating to the Online Service or information and material on this
site or sites accessed through this site are excluded to the extent permitted
by law. Except to the extent expressly stated in these terms and conditions for
Online services, GGN accepts no liability for direct, indirect or consequential
loss or damage of any kind (including without limitation loss of profits)
arising from any use of the Online Service, or information and material
contained on this site or any site you may access through this site.
9.3 This site
may contain links to third party sites. These sites are beyond the control of
GGN and GGN accepts no responsibility for their content.
9.4 GGN will
not, and its suppliers and licensors will not, be liable whether in contract,
tort or otherwise for any loss or damage which:
a) Arises other than through GGN negligence or the negligence of its employees
agents or contractors; or
b) Is not a reasonably foreseeable consequence of GGN's
negligence; or
c) Is any business loss including loss of revenue or
profits or anticipated savings or wasted expense or data being lost or harmed
or for any indirect, special or consequential loss or damage of any kind
arising from access to or any use of the information and material contained on
this site or any site you may access through this site.
9.5 GGN does
not restrict or exclude its liability for:
a) Personal injury or death directly caused by GGN or its employees whilst
acting in the course of their employment with GGN or for fraud;
b) Physical damage to your personal property up to £1,000 due to any one event
or series of connected events where such damage is due to our negligence or the
negligence of our employees, agents or contractors acting in the course of
their employment with GGN;
c) Any of GGN's liabilities which cannot by law be
excluded or restricted.
9.6 If GGN is unable to perform any
obligation under this agreement because of force majeure, as described in
clause 13 of this agreement, it will have no liability for that failure to
perform.
9.7 Different
limitations and exclusions of liability will apply to liability arising as a
result of the provision of any goods or services by GGN, which will be set out
in GGN's terms and conditions relating to the provision of such goods or
services.
9.8 Each
provision of this agreement, excluding or limiting liability, operates
separately. If any part is held by a court to be unreasonable or inapplicable,
the other parts shall continue to apply.
9.9
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.
9.10
We have no
liability for any third party goods and services or towards third parties
generally.
9.11
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 this agreement including, without limit, the implied
warranties of satisfactory quality and fitness for a particular purpose.
10. NOTICES
Notices
given under this Agreement may be delivered online or by email. Additionally,
GGN may publish notices to the Client via the GGN website; notices will be
deemed effective on the date of publication, or otherwise as notified to the
Client by GGN. A notice from GGN which is sent by email to the ClientÕs email
address will be deemed effective 3 days after the date it is sent. A notice
from the client to GGN will be deemed effective when received by GGN at the
email address notified by GGN to the Client.
11.
DOMAINS
We
will use our reasonable endeavours to register domain names and notify you of
the outcome but we give no guarantee of success.
We
may in our discretion cancel, take ownership, dispose of and/or refuse to
register, release or renew any domain name:
a)
in
the event of exceptional circumstances concerning that domain name
b)
if
our fees in respect of that domain name are overdue
c)
if
we are required to do so by regulation or competent authority, or
d)
if
it is otherwise permitted under these terms and conditions.
You
confirm and warrant that you are the owner of, or that you have been duly
authorised by the owner to use, any trade mark or name requested or allocated
as its name.
You
recognise that a domain name may appear available at time of purchase, however
owing to the varied updating processes of third-party databases, may come to
realise that the domain was not available, even if paid for.
You
should take no action in respect of your requested domain name until it has
been notified that the requested domain name has been duly registered and GGN
will not be liable for any such action taken by the Client.
If
you license a domain name to someone else, you remain responsible for your
obligations under this agreement and for providing and updating full contact
information sufficient to resolve any problems. You accept liability for harm
caused by wrongful use of the domain unless you promptly disclose the identity
of the licensee to a third party who provides you with a reasonable evidence of
actionable harm.
You
must carefully check our notification of new registrations and inform us
immediately if anything is incorrect.
You
must supply accurate and reliable contact details including full name, address,
email, telephone, fax and name of organisation contact for registrant and
administrative and other contacts as well as name servers and you must and
promptly correct and update those details.
Your
wilful provision of inaccurate or unreliable information, wilful failure to
promptly update information provided to us or your failure to respond for over
15 days to our enquiries concerning the accuracy of contact details constitute
a material breach of this agreement and are a basis for cancellation of the
relevant registrations.
You
are bound by all present and future applicable terms and conditions,
specifications, procedures, rules and policies of relevant Naming Authorities.
Such documents are likely to be available on the relevant Naming AuthoritiesÕ
websites.
We
are not liable for the actions of any Naming Authority.
Some
of the key Naming AuthoritiesÕ details are provided below.
For
the Nominet naming authoritiesÕ terms and conditions visit:
www.nic.uk for co.uk, org.uk and me.uk domain
names.
For
the ICANN terms and conditions visit:
For
Centralnic terms and conditions visit:
The
Client shall indemnify to the maximum extent permitted by law, defend and hold harmless
GGN, its directors, officers, employees and agents from and against any and all
claims damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or relating to the registered name holderÕs
domain name registration or use, and this indemnification obligation survive
the termination or expiration of the registration agreement.
The
Client acknowledges and agrees that GGN reserves the right to deny, cancel or
transfer any registration that it deems necessary, in its discretion to protect
the integrity and stability of the registry, to comply with all applicable
laws, government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, to avoid any liability, civil or
criminal, on the part of the Registry as well as its affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders, for
violation of the terms and conditions herein, or to correct mistakes made by
the Registry or any registrar in connection with a domain name registration,
and the registry also reserves the right to freeze a registered name during the
resolution of a dispute.
Disputes
are subject to the applicable dispute resolution policy then in force.
You
submit to the jurisdiction of the courts or your domicile and the courts of
England and Wales for the adjudication of such disputes.
We
shall not release any domain to another provider unless full payment for the
account has been received by GGN. You may not sell any domain name for which
GGN has not received payment. You may not transfer ownership of any domain name
for which GGN has not received payment.
11.1 Renewal of domain names
You acknowledge that you have ultimate responsibility for
renewing the domain name and you accept that whether or not GGN has
successfully contacted the Client pursuant to this clause GGN cannot be held
liable if the Client fails to renew the domain name before its expiry.
The renewal of any domain name through GGN is subject to these
Terms and Conditions.
When renewing GGN reserves the right in its sole discretion to
change the registrar through which the domain is registered and in requesting
the renewal of a domain name the Client authorises GGN to make such a change.
GGN does not warrant or guarantee that the domain name requested
by the Client will be renewed or be capable of renewal and the Client should
take no action in respect of the requested domain name until the Client has
been notified that the requested domain name has been registered.
Any domain name not renewed by its expiry date will be
de-activated on the expiry date. To avoid loss of service, You should ensure
that domains are renewed well in advance of the expiry date. Uninterrupted
service cannot be guaranteed.
Any domain name not renewed 30 days after its expiry date may be
deleted. Once a domain has been deleted it cannot be renewed. At this point it
will have to be re-registered and there is a risk that it may be registered by
another person or company. Successful renewal cannot be guaranteed.
12. ENDING YOUR USE OF THE SERVICE
OR SUSPENDING THE SERVICE
12.1 You may
cancel the Online Service at any time, by giving 7 days notice in writing to
GGN.
12.2 GGN reserves the right to end or
suspend Your use of the Online Service or the availability of the Online
Service for any reason. We will usually give you reasonable notice of such
termination or suspension, however, this may not always be possible, if for
example, there is a security concern or a technical issue.
12.3 On termination, when an account
has been running for 45 days or less, all setup costs will be borne by You.
12.4
GGN reserves the
right to terminate this Agreement immediately if:
12.4.1 The User fails to perform any of the obligations required of it
under this Agreement or fails to observe any of the obligations under the
agreement, and such failure is not remedied by the User within 14 days after
receipt by it of a notice requiring the default to be remedied.
12.4.2 Where either party
terminates the agreement, GGN will retain all payments made by the User under
the Agreement and the User acknowledges that no refunds will be made under any
circumstances.
12.4.3 On termination of the
Agreement, GGN may henceforth deny the User access to the services.
13. FORCE MAJEURE
13.1 Force majeure means anything
outside the reasonable control of a party, including but not limited to, acts
of God, fire, storm, flood, earthquake, explosion, accident, acts of the public
enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine
restriction, labour dispute, labour shortage, power shortage, transportation
embargo, failure or delay in transportation, including without limitation where
a party ceases to be entitled to access the internet or ceases to have access
to the internet for whatever reason, any act or omission (including laws,
regulations, disapprovals or failures to approve) of any government or
government agency.
13.2 If a party is wholly or partially precluded from complying with its
obligations under this Agreement by Force Majeure, then that partyÕs obligation
to perform in accordance with this Agreement will be suspended for the duration
of the Force Majeure.
14.
CHANGES
GGN has the right to change these terms and conditions for Online services and
website use by giving you 14 days notice in writing (which may be given on the
website) or by sending you a message through the Online Service. GGN also
reserves the right at any time to change the level of the service fee.
If
the user continues to use the services for 7 days after the date when the
changes are made, the user shall be deemed to have accepted the revised
agreement.
15. ASSIGNEMENT
Your contract is personal
to you and you may not assign it.
We may assign our rights
to your contract only if such an assignment is on terms which are at least as
advantageous to you as those set out in your contract.
16. THE VALIDITY OF THESE TERMS AND CONDITIONS
We believe these terms and conditions for Online services are fair. If any part
proves not to be legally valid because it is unfair, it will not affect the
rest and we are entitled to treat that term as changed in a way that makes it
fair and valid.
17. LAW
These terms and conditions are governed by the law and courts of England and
Wales. Any disputes shall be subject to the exclusive jurisdiction of the
English courts.