Terms & Conditions
“Skymatrix.com”
is a brand of Surpic, a provider of internet related services. These conditions
set out the terms under which Surpic will provide services to its clients.
It is a legal agreement and sets out the client’s rights and obligations, and
those of Surpic. To complete the order process, the client must acknowledge
that they have read, understood, and agreed to be bound by all the terms and
conditions of this agreement. Surpic reserves the right to supplement these conditions
from time to time.
These
Terms and Conditions supersede all previous Terms and Conditions
Definitions
"Surpic"
Owner and operator of “Skymatrix.com” address:
Skymatrix.com, Surpic Limited, 25 St Georges Road, Cheltenham, Gloucestershire, GL50 3DT.
"Agreement"
the agreement between
Surpic and the Client for the provision of Services formed by these
Conditions and the Order Confirmation(s)
"Client"
as identified on the
Order Confirmation
"Fees"
the charges due to
Surpic under the Agreement in relation to the Services, as set out on the
Order Confirmation
“Term”
a term is
one year or 365 days from the day of the account activation
“In-house
Domain”
a domain
name owed exclusively by Surpic
“account”
a point at
which mail is received this can be a mailbox or redirect account
“sub address”
an email
address of an account
1. Description
of the Service
1.1 “Skymatrix.com” provides domain name
registration and email services. Where a domain name is registered it will be
done so with the intended use of email only. A domain name registration will
not be necessary where an in-house solution is chosen. The email service
provides clients with the ability to send and receive electronic mail
("email") using the Internet, in order to use the mentioned service
the client requires an internet connection this is the sole responsibility
of the client and not of Surpic.
2. Payment
2.1 All fees are payable to Surpic
subject to the following conditions.
2.2 All fees are to be paid in
advance with no set off or deduction and will not be refundable in whole or
part if the agreement or relevant part is terminated during the term or period
to which the payment relates.
2.3 Online Payments. All payments are to be made
using the credit card and debit card online facility which operates
transactions via a secure server. This purchase will appear on a statement as: UkMail
2.4 Transaction security. In order for the clients to
complete their online payments they will be prompted to enter their card
details as well as the security code (CVV) in order to prevent fraud.
2.6 Upgrades. Email account upgrades can be
made during a term although the renewal date of the account will not be
altered. Therefore the upgrade will only be in effect from the day of the
upgrade until the day of the original account renewal date. Where an upgrade
conflicts with the current account setup the upgrade will supersede the previous
and no refund will be given (e.g. if a sub address of an account is upgraded to
a full account it will be removed first with no refund).
2.7 Renewals. Surpic will issue renewal
reminders by email to its clients prior to the renewal date, although it is the
sole responsibility of the client to renew the account. If the account is not
renewed Surpic will allow a minimum grace period of 2 weeks from the renewal
date after which the account will be terminated without further communication. Where
a domain name registration renewal is necessary it must be completed prior to
the renewal date otherwise the client risks being unable to renew the domain.
3. Confidentiality
3.1 In order for clients to compete
their transaction sensitive information needs to be passed to Surpic. This
information will be stored securely and only kept while necessary.
3.2 All sensitive client data
collected on this site is used only for the purpose of completing the
transaction. Transaction information is transmitted to our payment gateway using
128 bit SSL encryption.
4. Service
Delivery
4.1 On completion of the transaction the
client will be supplied a hyperlink by Surpic which will lead to a page
containing the clients invoice / order confirmation.
4.2 Surpic aims, but does not
guarantee, to deliver all services within 72 hours of invoice. Surpic will
notify clients if there is an unreasonable delay.
4.3 The client should print &
retain a hard copy of the invoice / order confirmation as described in point
4.1.
4.4 Surpic will respond to any
enquiries to the clients order within 2 business days.
5. The
Provision of the Service
5.1 Where a domain name is registered the client owns and has full rights to this domain. If a change of registrar is required, the Client should inform Surpic in writing. This will be processed, although there may be a small administration charge of £10 + VAT at the discretion of Surpic.
5.2 Where an in-house domain is used
by an account the client does not have exclusive rights over this domain name
which remains the property of Surpic. Surpic reserves the right to
withdraw any of its domain names without warning.
5.3 The client agrees to provide
accurate, current and complete information in the registration process and
ensure these details are up-to-update at all times. If any information provided
by a client is false or inaccurate, Surpic retains the right to terminate
the client’s account(s) and rights to use the service.
6. Use
of the Service
6.1 The Client acknowledges that they
may use their service for personal or business use but do not have the right to
resell, abuse, or use this service for any illegal purpose.
6.2 Abuse of Service. The definition of abuse is at
the sole discretion of Surpic. Surpic takes any claims that a client has
or is misusing their service seriously; this includes, but not limited to,
spamming, harassment or sending illegal material or operations. If such a
report is received the claims will be investigated and the relevant accounts
maybe suspended whilst this takes place. If the claims are found to be
incorrect and the account has been suspended it will be immediately reactivated
and term will be extended for the period it was not active. If the claim is
found to be correct the account will be terminated, no refund will be issued
and information will be provided to the appropriate authorities (if required).
7. Service
Security
7.1 Each client will receive a
password for each account along with a control password on delivery of their
service. The client acknowledges that it is their responsibility to maintain the
confidentiality of any passwords and is entirely responsible for any activity or
use of service that takes place under any of their accounts. The client
acknowledges that if a client becomes aware of any unauthorised use of their
service or any breach of security they are required to notify Surpic immediately.
7.2 Surpic will not be held
responsible for any loss of emails, information or business of the client
should the service be temporarily or permanently unavailable or withheld for
any reason, either within or outside the control of Surpic.
8. Service
Support
8.1 Surpic provides support via
email for all services supplied to its clients responding to any support
requests within 2 business days.
8.2 Surpic is not obligated to
provide support for use of its services with third party
software; however Surpic does provide documents to assist its clients in the
use of third party software. Clients use this material at their own risk, Surpic
is not liable for incorrect or misuse of these documents including, but not
limited to, damages or loss of data.
9. Third
parties
9.1 “Skymatrix.com” may provide links to third
party sites located on servers maintained by independent third parties over
whom Surpic has no control. Accordingly Surpic doesn’t accept any
responsibility or liability for any of the material contained on those
websites; nor does Surpic accept responsibility for
the availability of those websites. The client accepts that they are solely
responsible for evaluating any goods or services offered by third parties and
that Surpic will not be party to or in any way responsible for any
transactions between the client and third parties.
10. Intellectual
property rights
10.1 All in-house domain names
available for use with accounts are the property of Surpic
and should not be used for any commercial use without the express consent
of Surpic.
10.2 The content of the “Skymatrix.com” site which includes but not
limited to text, software, and graphics are protected by copyright and clients
are not entitled to copy, reproduce or distribute any of the content without
the express permission of Surpic.
11. Disclaimer
of warranties
11.1 Due to the multi-party nature of
the internet, Surpic cannot guarantee that the service will meet any
particular requirements to the client or that the Service will be uninterrupted
or error free or that emails will be sent or received within any particular
time. Surpic receives the right to terminate the service at any time, with
or without cause, with or without notice, effective immediately for any reason
whatsoever.
12. Limitation
of liability
12.1 The Client acknowledges that they
use the service at their own risk. Surpic will not accept any liability
either in contract, tort (including negligence) or otherwise for any direct,
indirect, incidental or consequential loss resulting from the use or the
inability to use the Service. Nothing in these terms and conditions limits
Surpic liability for death or personal injury resulting from Surpic
negligence. Each client agrees that any material and/or data downloaded is done so entirely at their own risk and each client will
be solely responsible for the consequences of downloading any such material.
13. Indemnity
13.1 The client agrees to indemnify
Surpic against all liabilities, claims and expenses that may arise from any
breach by the client of these terms and conditions and any liabilities claims
and expenses incurred by Surpic in connection with any claim, action or
proceeding brought by a third party as a result of the clients use of the
service.
14. Severability
14.1 If any of the provisions of this
contract is judged to be illegal, unreasonable or unenforceable the rest of
these terms and conditions will continue to apply. Any delay on the part of
Surpic to enforce its rights under this contract will not prejudice or restrict
its rights and no waiver of any such rights will be deemed to be a waiver of
any other right or of any later breach.
15. Notices
15.1 Any notice to be given or made by
either party under or in connection with the agreement should be sent by email
or post. Any notices sent by Surpic pursuant to this agreement sent by email
to the clients primary email address will be effective 24 hours from the time
of sending.
16. Applicable
law
16.1 These terms and conditions will
be governed in accordance with the laws of England
and Wales.
Each user and Surpic agrees to submit to the exclusive jurisdiction of the
courts of England and Wales.
Version
Version Number: v1.4
Release Date: 16-08-2011