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Terms and Conditions for the purchase of Key phrases
Terms for the registration Nominet UK Key phrases netsmartONLINE Website Website Hosting Nominet UK Dispute
Resolution Service
Uniform Domain Name
Dispute Resolution Service

PLEASE NOTE that by purchasing a FEATURED SITE LISTING with NETSMARTSALES LTD. NETSMARTSALES LTD will immediately register that key phrase with an authorised submission company by doing so you agree to be bound by the terms and conditions ("Terms and Conditions") set out below. You will be advised to visit www.netsmartonline.net activation of the key phrase is deemed to be acceptance of these terms and conditions

Section Headings
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
Registration
Your Obligations
Renewal of your Keyword Registration
Exclusions and Limitations of Liability
Warranties
Personal Data
Key phrase Dispute Resolution Procedure
Termination/Surrender/Cancellation
Transfers
Registration
1.1 To purchase a Key phrase with NETSMARTSALES LTD either you must telephone a NETSMARTSALES LTD sales representative on 01282 877 300 or have been contacted by a NETSMARTSALES LTD telesales representative.
1.2 NETSMARTSALES LTD shall process your application to register a Key phrase and will decide whether or not to forward your application, subject to these Terms and Conditions.
1.3 NETSMARTSALES LTD shall not accept an application to register a Key phrase where it:
  1.3.1 Has been previously registered;
  1.3.2 Has been reserved by a third party;
  1.3.3 Is deemed obscene, and in NETSMARTSALES LTD's opinion unsuitable for registration;
  1.3.4 Is in NETSMARTSALES LTD's opinion, not a bona fide application.
1.4 NETSMARTSALES LTD telephone sales representatives will inform you whether your application to register a Key phrase has been accepted. If your application to register a Key phrase is accepted then you will be required to pay a registration fee ("Registration Fee") prior to your registration being confirmed. If your application for a Key phrase is not accepted, NETSMARTSALES LTD shall inform you or your Agent as soon as is reasonably practical and if applicable refunds any payment which you may have paid.
1.5 NETSMARTSALES LTD shall register Key phrases on a first come, first served basis. Whilst every care is taken to register your Key phrase NETSMARTSALES LTD cannot be held responsible for a key phrase being registered in the time from taking the order and processing that order.
1.6 Once your application to register your Key phrase has been accepted, and been registered activation of that key phrase can take up to 28 days days to become live.
1.7 NETSMARTSALES LTD will use the information you supply at the time of your application to configure the Key phrase to point and forward worldwide web traffic to your website ("Website").
1.8 NETSMARTSALES LTD does not issue registration certificates in relation to registered Key phrases; the invoice sent to you following registration of your Key phrase is proof of registration.
1.9 NETSMARTSALES LTD. will not transfer a Key phrase whilst it is a subject of legal proceedings or proceedings under Registrars Dispute Resolution Procedure.
1.10 Subject to clause 8 below, NETSMARTSALES LTD will not refund any Registration/Transfer/Renewal Fee paid by you following registration of your Key phrase.
Your Obligations
2.1 You must inform us of promptly of any change in your registered details and those of your Agent (if applicable). It will be your responsibility to update any details that you submit to us and to ensure your details are up to date and accurate. In particular, it is your responsibility or that of your Agent to ensure that we have your full and correct postal address.
2.2 You must promptly inform us of any court proceedings brought in respect of the Key phrase.
Renewal of your Key phrase Registration
3.1 All accepted Key phrase applications should be registered on Registrars Database for a period of 1 year from the date of entry onto the registrars Database ("Registration Period").
3.2 A Key phrase may be renewed following the expiry of the Registration Period ("Renewal Date") for successive 12-month periods ("Successive Periods").
3.3 NETSMARTSALES LTD will contact you 30 days prior to the expiry of the Registration Period you will be given the fist opportunity to re register that key Phrase for the next twelve months.
3.4 Following the First Reminder NETSMARTSALES LTD shall contact you with a second reminder 10 days prior to the expiry of the Registration Period ("Second Reminder").
3.5 On the Renewal Date NETSMARTSALES LTD will send to you a termination notice ("Termination Notice"). Your registration of the Key phrase will be cancelled without further reference to you and the Key phrase made available for resale by NETSMARTSALES LTD.
3.6 Following the date of the Termination Notice, the Key phrase will not be configured to display your Website and additionally you will be unable to use or transfer the Key phrase.
Exclusions and Limitations of Liability
4.1 Nothing in the Terms and Conditions limits or excludes NETSMARTSALES LTD's liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
4.2 NETSMARTSALES LTD shall not be liable to you whether in contract, taught (including negligence) or otherwise for;
  4.2.1 Any loss of profit, revenue or other type of economic loss (whether direct or indirect);
  4.2.2 Loss of business or contracts;
  4.2.3 Loss of anticipated savings or good will;
  4.2.4 Any losses which a court holds to be consequential, or indirect losses; rising out of or in connection with the Contract, including but not limited to;
    4.2.4.1 Any error omission in entries on the NETSMARTSALES LTD Database;
    4.2.4.2 Loss of registration and/or use of the Key phrase.
4.3 All conditions other terms and warranties implied by statute or common law is, to the fullest extent permitted by law, excluded from the Contract.
4.4 NETSMARTSALES LTD's aggregate liability to you whether under these Terms and Conditions or otherwise (including liability for negligence) shall not exceed £10.00.
4.5 If you are a consumer (i.e. you are not registering or intending to use the Key phrase in the course of a business, trade or profession) the provision of Clauses 4.2, 4.3 & 4.4 above will not apply to you.
4.6 Nothing in these Terms and Conditions will affect your statutory rights.
Warranties
5.1 By entering into this Contract you consent to and warrant the following;
  5.1.1 That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the NETSMARTSALES LTD Database in accordance with Clause 6;
  5.1.2 That the details and information submitted by you to NETSMARTSALES LTD are true and correct, and that any future additions and alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay NETSMARTSALES LTD all reasonable costs, claims and expenses (whether direct or indirect);
    5.1.2.1 Arising out of any claim resulting from breach of this any Warranty provided by you;
    5.1.2.2 And that by registering or using the Key phrase (in what ever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Key phrase, and that you have not registered the Key phrase in breach of trust. Our right to rely upon this Warranty will continue to be available after the completion of the registration process and will not be effected by any surrender, cancellation or transfer of the Key phrase unless you are Consumer, you shall pay us all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Key phrase directly or indirectly infringes the Intellectual Property Rights of a third party.
  5.1.3 NETSMARTSALES LTD will guarantee that your key phrase will be listed as a featured site for an average of 80% over a the period of the registration of the key phrase. Otherwise, we will refund the proportion of the 12 months remaining.
Personal Data
6.1 The Database is maintained exclusively by NETSMARTSALES LTD and shall include your name and postal address, telephone and fax number and e-mail address, together with any other relevant details required to complete your application to register a Key phrase. This information is "Personal Data" for the purposes of the Data Protection Act 1998.
6.2 NETSMARTSALES LTD shall comply with the provisions of the Data Protection Act 1998 and such other data protection legislation from time to time in place in respect of any Personal Data relating to you.
6.3 NETSMARTSALES LTD will not use any Personal Data relating to you for any other purpose than is stated in these Terms and Conditions.
6.4 NETSMARTSALES LTD may disclose your Personal Data to third parties in the following circumstances;
  6.4.1 To Government or law enforcement agencies at their written request in connection with the conducting of any investigation of a criminal or civil matter;
  6.4.2 To third parties only if so required to do so by a sealed court order.
Key phrase Dispute Resolution Procedure
7.1 You will be bound by the NETSMARTSALES LTD Dispute Resolution Procedure, which is incorporated into these Terms and Conditions and made a part of the Contract by reference. The current version of Dispute Resolution Procedure can be found at our Website: http://www.netsmartonline.net
7.2 If a dispute arises, you agree to be bound by the Dispute Resolution Procedure which is current at the time that proceedings under the Dispute Resolution Procedure are commenced and until the dispute is concluded.
7.3 Neither NETSMARTSALES LTD, it's Directors, officers, employees, servants, nor any expert appointed shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Procedure, unless the act or omission is shown to have been negligent.
Termination/Surrender/Cancellation
8.1 You or your Agent may at any point during the Registration Period or Successive Periods surrender your registration of your Key phrase by notice in writing to us.
8.2 Once NETSMARTSALES LTD has received payment of the Registration Fee in respect of a Key phrase and your registration has been completed, only you may surrender the Key phrase.
8.3 If you are Consumer, then you may cancel the Contract for registration of a Key phrase by giving notice to NETSMARTSALES LTD by any of the means set out in Clause 9.2 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which we inform you that your application to register a Key phrase has been successful and your details along with the Key phrase have been placed on the NETSMARTSALES LTD Database. If you register or use the Key phrase in the course of a business, trade or profession, you do not have this right to cancel the Contract.
8.4 If you cancel the Contract in accordance with Clause 8.3 NETSMARTSALES LTD will provide you or your Agent (as appropriate) with a full refund of the Registration Fee within 30 days on the day on which NETSMARTSALES LTD receive notice of your cancellation. You or your agent will be responsible for payment for the time the key phrase was activated until NETSMARTSALES LTD received your termination notice
8.5 NETSMARTSALES LTD may cancel or suspend the registration of your Key phrase by providing you with the required notice in writing where:
  8.5.1 NETSMARTSALES LTD does not receive your Renewal Fee in accordance with Clause 3.5 above;
  8.5.2 You are in breach of the terms of this Contract and in the case of a breach which is capable of remedy, but you fail to remedy this within 30 days of receiving written notice from NETSMARTSALES LTD to do so;
  8.5.3 NETSMARTSALES LTD receives information that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;
  8.5.4 If you are in breach of the Warranties contained in Clauses 5 above.
  8.5.5 In these Terms and Conditions, shall only be deemed to be served if you have received an invoice or correspondence from NETSMARTSALES LTD. You will be advised on each invoice or correspondence to visit http://www.netsmartonline.net to read NETSMARTSALES LTD Terms and conditions For the avoidance of doubt, NETSMARTSALES LTD shall always send written notice by post to the last address if there are any changes to the Terms and conditions.
Transfers
9.1 We may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Key phrase, in accordance with Clause 1.8 and subject to Clause 8 above.
9.2 These Terms and Conditions, together with the Dispute Resolution Procedure constitute the entire agreement between you and NETSMARTSALES LTD for the registration of a Key phrase and supersedes all prior agreements, understandings and representations whether oral or written.
9.3

If you wish to contact NETSMARTSALES LTD the postal address is:

NETSMARTSALES LTD
2nd Floor,
Glenfield Mill,
Glenfield Road,
Nelson,
Lancashire,
BB9 8AR.

9.4 English law shall govern these Terms and Conditions and both parties agree to submit to the non-exclusive jurisdiction of the English courts.
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