Unfortunately, although we try to keep things simple, even we need to ensure we've got terms and conditions in place!
These terms and conditions help ensure we can provide you with a consistently great service:
Terms & Conditions for the Registration of Domain Names
The contract between the Applicant and Fridge Creative contains the following terms and conditions:-
1 Fridge Creative will :
1.1 Process the application and consider whether to accept or reject it in accordance with the criteria for the Domain And Sub-Domains in force at the time of the application for registration
1.2 (if the application is accepted) Enter the Domain Name and other relevant details in the Register of Domain Names as a pending registration and, on receipt of the fee convert the pending registration to a full registration
2 The initial registration period is between one and ten years from the date of the application for registration or two years in the case of UK domain names. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time, and subject to clause 7 below
3a Once the Domain Name and the Applicant's details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by Fridge Creative
3b IMPORTANT NOTE all registrations remain the property of Fridge Creative until payment has been made in full. Fridge Creative has the right to withhold the domain name until all monies owed by the applicant or the applicants client has been received. Regardless of whether they relate to the actual domain name registered.
3c Fridge Creative cannot transfer domain names to a new registrar until 60 days from the initial domain registration has elapsed or 7 days prior to the expiry of a domain name - this only applies to a full domain transfer, customers are free to use whoever they wish to provide the web hosting and email service which can be transferred at any time by means of a DNS Server change.
4.1 Fridge Creative is entitled to Register of Domain Names on a first come, first served basis, whether or not it has received payment for their registration; and, until Fridge Creative has confirmed it as a pending registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. Applicants are advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration
4.2 Fridge Creative may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances. Exceptional circumstances include, in particular: where to maintain the registration would put Fridge Creative in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with the criteria for the Domain And Sub-Domains in force at the time of the application for registration
4.3 Fridge Creative does not accept any responsibility for the use of any Domain Name on the Register of Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts
4.4 Fridge Creative will use its reasonable endeavours to ensure that the appropriate details of the Applicant's registration are correctly entered and maintained in the Register of Domain Names. It is ultimatley the customers responsibility to keep their details true and accurate and inform Fridge Creative should any of these peronal details change.
4.5 Fridge Creative's liability to the Applicant under the contract or otherwise (including liability for negligence) is limited to 125% of the registration fees paid in respect of a particular period of registration
4.6 The Applicant warrants to Fridge Creative that the details submitted by the Applicant to Fridge Creative are true and correct, and that future additions or alterations to those details will be true and correct
4.7 The applicant warrants to Fridge Creative that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. Fridge Creative's remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name
4.8 The Applicant indemnifies Fridge Creative and each of the owners & directors against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from Fridge Creative's negligence or breach of the terms of the contract); and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim
4.9 The Register of Domain Names will include the names of the Applicant and the Administrative Contact and other details relating to them. This information (if it refers to individuals) is `personal data' for the purposes of data protection legislation. The Register of Domain Names may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose
5 If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted
6 The contract may be assigned by Fridge Creative
7 Fridge Creative may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name. All transfers and renewals will be made under Fridge Creative's Terms & Conditions for the Registration of Domain Names current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor
8 Any notice to be given under the contract shall only be deemed to be served if delivered by hand or sent by prepaid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting
9 These terms and conditions, constitute the entire agreement between Fridge Creative and the Applicant for the registration of the Domain Name, and supersede all prior agreements, understandings and representations whether oral or written. Subject to clause 8 above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of the Applicant and Fridge Creative.
10 This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England and Wales.
A Other Applicable Terms and Conditions for Domain Registration
i For UK Domains registrations (.co.uk, .org.uk, .me.uk) you must agree to the following terms and conditions:
Nominet Terms & Conditions
ii For .com, .net, and .org domain name registrations you must agree to the following terms and conditions:
gTLD Registration Agreement
The ICANN Uniform Domain-Name Dispute-Resolution Policy
For .info, .biz, and .name domain name registrations you must agree to the terms and conditions relevant to that top level domain:
.info Registration Agreement
.biz Registration Agreement
.name Registration Agreement
These terms and conditions do not affect your statutory rights as a consumer.
Terms of Service
Fridge Creative reserves the right to suspend or cancel a customer's access to any or all services provided by Fridge Creative when Fridge Creative decides that the account has been inappropriately used or otherwise.
Fridge Creative Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their Website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Fridge Creative reserves the right to refuse services and /or access to its servers to anyone.
Fridge Creative do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any European, National or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Fridge Creative.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. This also includes any sites which provide "links to" or "how to" information about such material.
We do not allow our hosting space to be used as filestore, all content the customer uploads must be made available from the customers website, please do not use our hosting for backing up your PC or distributing software without prior agreement.
Any website found breaking the acceptable use policy will be suspended pending removal of any inappropriate content if applicable.
Unlimited use policy (Bandwidth)
High bandwidth usage: Fridge Creative offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Fridge Creative may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Fridge Creative reserves the right to impose the High Resource User Policy for the consideration of all customers.
High resource user policy
Resources are defined as communications bandwidth and/or processor utilization and/or disk space.
Fridge Creative may implement the following policy to its sole discretion:
When a Website found to be monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, Fridge Creative reserves the right to terminate the account by giving one months written notice.
All accounts are set up on a prepay basis unless a separate agreement has been reached. Although Fridge Creative reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or at a previously agreed period following the date the account was established.
Fridge Creative reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that Fridge Creative receives a written cancellation request.
If at all possible, no bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email unless otherwise instructed, shortly after the first purchase has been made.
All payment to be made in UK sterling.
In order to streamline our accounting procedures and keep our costs down Fridge Creative runs a limited number of payment options.
Cheque Payment: This option is only available to customers who pay annually for their Fridge Creative account. Fridge Creative cannot guarantee that a service will be provided until after any received cheques have been cleared.
All Website content is published in the firm belief that it is not infringing on the legal right of any company/individual.
Anyone disagreeing with this statement should contact us immediately by e-mail at the following address: firstname.lastname@example.org
Cancellation and refunds
Where a Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any reenactment thereof, he/she has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to Fridge Creative, subject to the following provisions:-
(1) orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registrar
(2) orders for renewal of domain names may not be cancelled after Fridge Creative has submitted the renewal request to the appropriate registrar.
(3) all costs incurred by Fridge Creative in the provision of the hosting will be deduced from the refunded amount payable to the consumer.
(4) additional services added to hosting plans are for the specified period and non-refundable on cancellation of service.
In the event of a cancellation of an order by the customer, under the terms of this provision, Fridge Creative undertakes to refund any due monies within 30 days of cancellation.
Fridge Creative will not be held responsible for any damages your business may suffer. Fridge Creative makes no warranties of any kind expressed or implied for services we provide. Fridge Creative disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Fridge Creative or any of its employees. Fridge Creative reserves the right to revise its policies at any time.