sign in
Forgot Passsword? Click here
Don’t have an account yet?

Terms and Conditions

These General Terms and Conditions set out the terms and conditions under which Solidblueliquid, will provide services to Customers. These General Terms and Conditions set out the Customer’s legal rights and remedies and should be read carefully prior to ordering any Services.

The Customer’s attention is specifically drawn to the provisions of clauses 9 and 10 of these General Terms and Conditions which set out Solidblueliquid’s maximum liability to the Customer and the Customer’s potential liability to Solidblueliquid.

Where the Customer is a Consumer, as defined below, the Customer’s attention is further drawn to clause 13.2 below. A Consumer is entitled to a 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Given the online nature of the Services, there may be circumstances where Solidblueliquid is unable to commence provision of the Services until the cooling off period has expired or unless the Customer has expressly waived their right to a cooling off period. This applies in respect of domain names and SSL certificates in particular.

Agreement The Agreement is formed between Solidblueliquid (‘solblu’) and the customer named on the Order Confirmation (‘the Customer’). The Agreement is formed of these General Terms and Conditions, the Product Terms and the Order Confirmation along with any ancillary documents referred to in any of the above including, but not limited to, the Acceptable Use Policy and the Privacy Policy. The Agreement shall apply to the exclusion of all other terms and conditions including any terms and conditions which the Customer may attempt to introduce or rely on. Solidblueliquid reserves the right to amend, add to or subtract from these General Terms and/or the Product Terms at any time and without the consent of the Customer.

1. Definitions

“Acceptable Use Policy” means Solidblueliquid’s Acceptable Use Policy, as updated from time to time, which can be found on the Website.

“Associated Company” means a subsidiary or holding company of a company or any subsidiary company of such subsidiary or holding company. The terms “subsidiary” and “holding company” have the meanings given to them by section 1159 of the Companies Act 2006.

“Consumer” means an individual who is making use of the Services not as part of a business, trade or profession or for the purpose of financial or commercial gain including the placing of advertisements on any domain. An individual shall not be construed as a Consumer where the individual is the registered holder of 10 or more domains, is carrying on business using any services ordered from Solidblueliquid or who has registered any domain(s) during the applicable landrush or sunrise periods.

“Fees” shall mean the charges payable by the Customer as specified on the Order Confirmation or as advised to the Customer from time to time.

“Initial Term” means a minimum term as specified for each product. If no minimum term is specified for a product then the default is a minimum period of 12 months.

“Insolvency Event” shall mean, in respect of a corporate entity, becoming the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986 (‘the IA’); becoming unable to pay its debts within the meaning of section 123 of the IA; or has a receiving, manager administrator or administrative receiver over any parts of its assets, undertaking or income, has passed a winding up resolution, ceases or threatens to trade or has a petition presented to any court for its winding up or administration order. In the case of the an individual, Insolvency Event shall mean where the entering into or any debt management plan or Individual Voluntary Agreement, bankruptcy, the inability to pay debts as defined in sections 267 and 268 of the IA or any similar event.

“Order Confirmation” means the email or other confirmation sent to the Customer in response to the Customer’s request for Services.

“Privacy Policy” means Solidblueliquid’s Privacy Policy, as amended from time to time, which can be found on the Website.

“Product Terms” means the terms and conditions specific to the Services ordered by the Customer as which are located on the Website.

“Services” shall mean the services provided by Solidblueliquid under the Agreement as stated on the Order Confirmation together with any ancillary services.

“Software” means any software provided by Solidblueliquid to the Customer under or in relation to this Agreement.

“Website” means solblu.uk.

2. Interpretation

2.1 Headings used in the Agreement are inserted for convenience only and are not intended to be part of, nor to affect the meaning or interpretation of any of the terms of, the Agreement.

2.2 In the Agreement the masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the context shall admit or require.

2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

2.4 In the event of a conflict between any term of these General Terms and Conditions, the Product Terms and/or the Order Confirmation, the conflict will be resolved according to the following order of priority i) the Order Confirmation, ii) the Product Terms and iii) these General Terms and Conditions.

2.5 The words “include”, “includes”, “included” and “including” will be construed without limitation unless inconsistent with the context.

2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding between the parties and supersedes all previous agreements, understandings and negotiation between the parties. All other understandings, agreements, warranties, conditions, terms representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer may not rely upon any representation made or given by any Solidblueliquid employee prior to the Agreement being entered into unless confirmed in the Agreement.

2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.

2.8 References in these General Terms and Conditions to clauses mean clauses of these General Terms and Conditions unless the contrary is stated. References in these General Terms and Conditions to statutes or statutory instruments are deemed to include those provisions as subsequently amended or substituted.

3. Service Provision

3.1 Solidblueliquid shall provide the Services order by the Customer. These General Terms and Conditions and the Product Terms are not an offer to provide Services but a statement of the terms under which the Services would be provided. The Agreement is incorporated on Solidblueliquid’s issuing of the Order Confirmation.

3.2 Solidblueliquid will use its reasonable endeavours to provide the Services in accordance with any agreed or expected timescale however; time will not be of the essence in providing the Services. Solidblueliquid will not be liable to the Customer where, using those endeavours, it fails to meet any timescale.

3.3 Solidblueliquid shall be entitled to suspend the provision of the Services in the event that the Customer or the Customer’s agent, subcontractor or employee breaches the terms of the Agreement or where Solidblueliquid reasonably believes this has or will occur. Solidblueliquid shall have no liability to the Customer as a result of such suspension.

3.4 Solidblueliquid shall not be obliged to provide any services not specified in the Order Confirmation.

3.5 Solidblueliquid reserves the right at any time and from time to time to improve, correct, or otherwise modify any or all of the Services. Solidblueliquid will endeavour to give the Customer reasonable notice of any such modification where possible.

3.6 Solidblueliquid reserves the right to refuse a Customer’s order for any reason at its discretion.

3.7 Solidblueliquid shall be entitled to verify the Customer’s email and postal addresses from time to time. In the event that Solidblueliquid is unable to verify the Customer’s email and/or postal address Solidblueliquid may suspend the provision of the Services without liability.

3.8 Without prejudice to its other rights and remedies, Solidblueliquid may at its sole discretion suspend, in whole or in part, the provision of the Services (temporarily or permanently) and without liability to the Customer in any of the following circumstances:

3.8.1 scheduled or unscheduled maintenance or upgrade of Solidblueliquid’s systems;

3.8.2 the issuing by any competent authority of an order which binding on Solidblueliquid and which affects the provision of the Services to the Customer;

3.8.3 failure by the Customer to pay any sum owing to Solidblueliquid when such payment falls due;

3.8.4 breach by the Customer of the Acceptable Use Policy;

3.8.5 breach by the Customer of the Data Protection Policy;

3.8.6 failure or deficiencies in the Customer’s System; or

3.8.7 the occurrence of any event following which Solidblueliquid reasonably considers it to be appropriate to suspend the provision of the Services and/or terminate the Agreement.

3.9 Where Solidblueliquid suspends the provision of the Services under clause 3.8.3 above, Solidblueliquid shall not be obligated to lift such suspension outside of normal business hours and until the Customer has paid all outstanding sums owing to Solidblueliquid in cleared funds and, if required by Solidblueliquid, accepted such revised payment terms and method as Solidblueliquid may reasonably require.

3.10 Where Solidblueliquid operates its own backup procedures in respect of any particular products then such backups are carried out on a ‘reasonable efforts basis’ and are intended as a convenience rather than a replacement for a Customers own backup arrangements. Primarily responsibility for backups rests with Customers and Solidblueliquid accepts no liability in the event that a backup fails, is out of date in any way or is not a complete backup of the Customer’s data. Customers must arrange for their own backup facilities at the frequency they require.

4. Solidblueliquid Warranties

4.1 The Customer acknowledges that given the nature of services provided over the internet, Solidblueliquid cannot guarantee that the Services will be uninterrupted or error free.

4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind is given in connection with the Agreement or the Services including as to satisfactory quality or fitness for a particular purpose.

4.3 Solidblueliquid gives no warranty or representation that:

4.3.1 the Services will meet the Customer’s requirements;

4.3.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

4.3.3 any results obtained from the Services will be accurate, complete or current.

4.4 Solidblueliquid warrants that it will provide the Services with reasonable care and skill.

4.5 Solidblueliquid shall not be liable for breach of any warranty in the event that the cause of such breach is related to any failure or non-availability of any third party service providers.

4.6 Solidblueliquid shall have no liability for any breach of the warranty at clause 4.4 unless the Customer notifies Solidblueliquid of such breach within fourteen days of becoming aware of such a breach. Provided the Customer has complied with the notification time limit set out in this clause 4.6, Solidblueliquid may, at its sole discretion, take such steps to remedy such breach or provide a refund to the Customer of such Fees as may be appropriate. Provided Solidblueliquid remedies such breach it shall have no further liability to the Customer. If Solidblueliquid fails to remedy such breach then Solidblueliquid’s maximum liability for breach of warranty shall be as set out in clause 9.4 below.

5. Customer’s Warranties and Obligations

5.1 Where the Customer is a corporate entity, the Customer, or the Customer’s representative, warrants that the Customer is properly constituted and has the capacity to enter into the Agreement. The Customer’s representative warrants that it is authorised to bind the Customer. Where the Customer is an individual the Customer warrants that he/she has the capacity to enter into the Agreement.

5.2 The Customer warrants that any materials it provides will be accurate in all respects and will not include material which is illegal, the accessing, transmitting, holding or supplying of which could be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials.

5.3 The Customer warrants that all information provided to Solidblueliquid is complete, accurate and up to date and shall inform Solidblueliquid of any changes to this information without delay.

5.4 The Customer warrants that it will:

5.4.1 immediately inform Solidblueliquid on becoming aware of any unauthorised use of the Services and/or the Customer’s system;

5.4.2 obtain all necessary licenses, waivers and consents required for the use of the Services and the Customer’s material;

5.4.3 not use the Services or allow them to be used for unlawful purpose or for the publication, linking to, issue or display of any unlawful or objectionable material (including any pirated content, material which is obscene, threatening, malicious, harmful, abusive, defamatory or which breaches any third party’s intellectual property rights or which encourages criminal acts or contains any virus, worm, malware, trojan horse or harmful code) whether under English law, the laws of the Customer’s country or any other jurisdiction where the results of such purpose or the material in question can be accessed;

5.4.4 comply with all applicable legal requirements in using the Services including, but not limited to, the Data Protection Act 1998, The General Data Protection Regulation, The Privacy and Electronic Communications Regulations 2003 and the Computer Misuse Act 1990;

5.4.5 not use the Services or allow the Services to be used for the publication, web forwarding, linking to issue of or display or any material which in the absolute discretion of Solidblueliquid may harm Solidblueliquid or any Associated Company or their clients;

5.4.6 not use any third party services for the publication, linking to, issue or display of any material which refers to any website hosted by Solidblueliquid or any of Solidblueliquid’s Associated Companies or any other products or services offered by Solidblueliquid or any of Solidblueliquid’s Associated Companies without such company’s prior written consent;

5.4.7 comply, and ensure that anyone using the Services complies, with the Acceptable Use Policy and the Data Protection Policy;

5.4.8 be entirely responsible for and make whatever back-ups of the Customer’s data that the Customer considers necessary or desirable;

5.4.9 comply expeditiously with any Solidblueliquid security policy notified to the Customer from time to time;

5.4.10 ensure that all passwords and user names provided by Solidblueliquid are kept confidential and not disclosed to third parties;

5.4.11 inform Solidblueliquid without delay if the Customer has reason to believe that the Customer’s user name or password has been compromised;

5.4.12 be entirely liable for all activities conducted and charges incurred under the Customer’s user name and password whether authorised by it or not and the Customer acknowledges that Solidblueliquid shall not be liable for any loss of confidentiality or any damage resulting from the Customer’s inability to comply with the Agreement;

5.4.13 ensure that all material or data hosted by Solidblueliquid on any website operated by the Customer or communicated through such site is checked for viruses and other harmful code and has appropriate security patches applied; and

5.4.14 comply with any applicable ICANN requirements applicable to the Services, for example, ICANN’s Registrants’ Benefits and Responsibilities Specification and Registrant Educational Materials.

5.5 The Customer warrants that it has appropriate knowledge of how the Internet functions, the nature and technical nature of the Services and what types of use and material are and are not acceptable.

5.6 The Customer acknowledges that Solidblueliquid has no obligation to:

5.6.1 train the Customer or the Customer’s employee, agent or subcontractor on use of the Services;

5.6.2 manipulate in any way any material which the Customer wishes to and/or does post on any web site or other system or any communication it wishes to send via or in relation to the Services; or

5.6.3 validate, vet or edit such material for usability, legality, content or correctness.

5.7 The Customer shall promptly provide to Solidblueliquid, or anyone authorised by Solidblueliquid, such information and assistance as may reasonably be requested from the Customer.

5.8 If, in Solidblueliquid’s opinion, the Customer is in breach of its warranties at clauses 5.4.4 or 5.4.5 above, Solidblueliquid shall be entitled to suspend the provision of the Services and/or terminate the Agreement without liability. Solidblueliquid also reserves the right to inform any appropriate public bodies of the details of the Customer’s use.

5.9 The Customer shall not resell, assign or transfer the benefit of the Services to any third party without Solidblueliquid’s express written consent consent.

5.10 Where the Customer has obtained Solidblueliquid’s consent to resell all or part of the Services to third parties, the Customer shall:

5.10.1 procure such third parties’ compliance with and acceptance of these General Terms and Conditions and the Product Terms;

5.10.2 be fully responsible for such third parties’ acts and omissions; and

5.10.3 fully indemnify and hold Solidblueliquid harmless against the third parties’ acts and omissions.

6. Payment

6.1 The Customer shall pay the Fees in cleared funds in the amount, method and intervals set out in the Order Confirmation. The Customer must register a payment method with Solidblueliquid prior to placing any order for Services and ensure that an active payment method remains registered with Solidblueliquid for the duration of the Agreement.

6.2 Unless stated otherwise, any total fee stated in the Order Confirmation is an estimate only and may increase depending on the Customer’s use. Any set up fee is payable immediately. Additional fees may be payable if the Customer exceeds the usage allowed for the Services purchased.

6.3 Solidblueliquid reserves the right to increase the Fees payable for the provision of the Services at any by giving the Customer 30 days’ notice of such price rise.

6.4 Any sums stated in the Order Confirmation are exclusive of VAT or similar taxes, levies or duties which are payable by the Customer in addition.

6.5 Any sums are due within 7 days of invoice date failing which Solidblueliquid reserves the right to charge interest at the rate of 8% per annum above the base rate, accruing daily, from the due date of payment to the date of payment whether before or after judgment. In the event of non-payment of any sum owing by the Customer Solidblueliquid reserves the right to pass the debt to a third party collection agency which may result in additional charges being made to the Customer.

6.6 Solidblueliquid may conduct a credit check on the Customer including, where the Customer is a corporate entity, the directors and shareholders of a Customer. The results of such credit check may be shared with Solidblueliquid’s Associated Companies and with other third party entities. The Customer consents to Solidblueliquid carrying out such checks and retaining and sharing the results of such checks.

6.7 Where the Customer authorises the payment of the Fees by the Customer’s chosen payment method, the Customer authorises Solidblueliquid to deduct other amounts which become due to Solidblueliquid, whether under the Agreement or otherwise, without obtaining further express authorisation from the Customer.

6.8 Without prejudice to its other rights and remedies, in the event of non-payment by the Customer within 14 days of the due date, Solidblueliquid shall be entitled to delete the Customer’s data from its equipment without any obligation to backup such data.

6.9 In the event that Solidblueliquid issues a credit to the Customer:

6.9.1 such credit or voucher is issued entirely at the discretion of Solidblueliquid;

6.9.2 such credit or voucher is non-refundable and cannot be exchanged for cash or used against the purchase of another voucher;

6.9.3 Solidblueliquid does not accept liability if the credit or voucher has been lost, stolen, destroyed or used without the Customer’s consent. Solidblueliquid shall not replace any credit or voucher under these circumstances or any remaining balance on a credit or voucher;

6.9.4 such credit or voucher must be used within 12 months of being issued failing which the credit or voucher will become void;

6.9.5 the transfer, resale or reproduction of any credit or voucher is prohibited and will cause such credit or voucher to become void; and

6.9.6 vouchers and credits may be used towards the purchase price of any Solidblueliquid product or service with any balance or the purchase price being payable in addition.

6.9.7 any credit on a Customer’s account shall be used by default to pay, or part-pay, any renewal fees for any Services ordered by a Customer.

6.10 Continuous Payment Authorities (‘CPA’)

6.10.1 The Customer permits Solidblueliquid to store the Customer’s payment details to take regular payments with the same card until the Customer expressly requests that Solidblueliquid do not store their card details. Customers accept that removing card details may result in their Services not renewing and potentially terminated in the event that a renewal payment is not made.

6.10.2 Solidblueliquid shall notify the Customer when the payment will be taken, whether the payment will be taken from the card on a monthly, yearly or two-yearly basis and the amount to be charged each time.

6.10.3 If the Customer purchases the Services online, Solidblueliquid shall display a purchase confirmation during the order process on the website and send a confirmation email to the Customer. If the Customer purchases a Service on the telephone, Solidblueliquid shall confirm the purchase on the telephone and send a confirmation email to the Customer.

6.10.4 Solidblueliquid reserves the right to take the payment from the Customer’s stored card at any time other than the agreed date, if it has reason to believe that the payment is due and owing. Solidblueliquid reserves the right to take a different amount than what was originally agreed, in circumstances where several invoices have built up over a period of time or additional fees have been added to the overall outstanding balance due to the Customer’s late payment.

6.10.5 The Customer agrees that the CPA authorises Solidblueliquid to make payment changes and any other changes where Solidblueliquid believes it is necessary in accordance with the Agreement. Solidblueliquid will endeavour to notify the Customer of any changes, before they take effect, in writing.

6.10.6 Solidblueliquid shall, in accordance with the CPA, provide the Customer with the Order Confirmation for any services purchased. The Customer accepts that Solidblueliquid will send an automated email to the Customer each time a payment has been taken from the card. This will constitute both a summary and confirmation of the payment.

6.10.7 Payments taken under the CPA will show on the Customer’s bank statement as being a payment to Solidblueliquid.

6.10.8 The Customer can amend the details of the CPA at any time by contacting customer support using the method(s) stated on Solidblueliquid’s website.

6.10.9 The Customer acknowledges that the CPA will continue until the Customer expressly requests to change or cancel the payment method used for the Fees. The Customer may at its sole discretion, choose what method they use to pay the Fees. Solidblueliquid will not charge the Customer a fee to cancel the CPA, however, the Customer may incur a fee if they fail to pay any Fees thereafter.

6.10.10 The Customer acknowledges that the Services and the Customer’s account will not be cancelled if the CPA is cancelled. The Customer agrees to continue to pay for the Services in accordance with this Agreement.

6.10.11 Further and in addition to clause 6.10.10 above Solidblueliquid reserve the right to cancel the Customer’s CPA if Solidblueliquid is no longer able to take payment from the stored card. In such circumstances the Customer may set up another CPA at the sole discretion of Solidblueliquid.

7. Confidential Information

7.1 Each party shall (unless required by law to the contrary):

7.1.1 keep confidential all information received from the other party under or in connection with this Agreement (‘the Confidential Information’);

7.1.2 not disclose the any Confidential Information to any third party without the prior written consent of the disclosing party save where such disclosure is necessary for the performance of this Agreement; and

7.1.3 not use any Confidential Information other than for the purpose of the Agreement.

7.2 Clause 7.1 shall not apply to the extent that such Confidential Information which:

7.2.1 is or becomes public knowledge otherwise than due to a breach of clause 7.1;

7.2.2 was in possession of the receiving party without restriction prior to receiving it from the disclosing party; or

7.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.

7.3 Nothing in this clause 7 shall prevent either party from disclosing any Confidential Information as required by law and/or to a public or regulatory body, for the purposes of law enforcement or in connection with legal proceedings in the UK.

7.4 Either party shall be entitled to disclose the other party’s Confidential Information to its employees and subcontractors or professional advisors provided such disclosure is under conditions of confidentiality.

7.5 Solidblueliquid shall be entitled to share any Confidential Information with its Associated Companies either in the UK or based in another jurisdiction.

7.6 The obligations under this clause 7 shall survive termination of the Agreement.

8. Intellectual Property

8.1 The Customer acknowledges and accepts that it will not own or acquire any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted in the Agreement.

8.2 The Customer will indemnify and keep Solidblueliquid indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which Solidblueliquid incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:

8.2.1 the provision by Solidblueliquid of Services making use of information or specifications supplied by the Client;

8.2.3 the Client’s failure to procure all necessary rights from third parties which are from time to time required in order for Solidblueliquid to be able legally to provide the Services; or

8.2.4 the use by Solidblueliquid in connection with the Agreement of the Client System and the Client Materials.

9. Liability

9.1 The provisions of this clause 9 set out the entire liability of Solidblueliquid (including any liability for the acts or omissions of its employees, consultants, agents and authorised representatives) to the Customer in relation to the Agreement.

9.2 Nothing in the Agreement excludes or limits Solidblueliquid’s liability for death or personal injury caused by the negligence of Solidblueliquid, fraud or a breach of section 12 of the Sale of Goods Act 1979.

9.3 Subject to clause 9.2 above, Solidblueliquid will not be liable to the Customer, whether in contract, tort, misrepresentation or otherwise (including negligence) for any consequential or indirect losses, costs, expenses or otherwise including, but not limited to, loss of profits, loss of revenue, loss of goodwill, loss of business or loss of opportunity.

9.4 Subject to clauses 9.2 and 9.3 above, Solidblueliquid’s total liability to the Customer shall not exceed one and a quarter times the amount of the Fees paid by the Customer, in relation to the Services, to Solidblueliquid in the 12 month period preceding the incident giving rise to the claim.

9.5 The Customer accepts that the allocation or risk under the Agreement is a fair reflection of the nature of the Services and the level of the Fees charged for the Services.

10. Customer Indemnity

10.1 The Customer shall fully indemnify and hold Solidblueliquid and its Associated Companies, employees, offices, agents and partners harmless from and against any action, demand, cost (on a full indemnity basis) losses, penalty, damage, liability claim or expense (including legal fees on an indemnity basis) whatsoever incurred by Solidblueliquid and arising from:

10.1.1 the Customer’s breach of the Agreement, negligence or other default;

10.1.2 the operation or break down or any IT system owned or used by the Customer; or

10.1.3 the Customer’s use of misuse of the Services.

11. Data Protection

11.1 Both parties warrant that they will comply at all times with all relevant data protection legislation, including the General Data Protection Regulations (‘GDPR’).

11.2 Where any Services provided by Solidblueliquid include hosting services and/or any services which involve the submission, collection and/or use of personally identifying or identifiable information about the Customer, or Customer’s clients, the Customer accepts that it is acting as the data controller and Solidblueliquid is the data processor. In such circumstances, the Customer confirms that it will execute Solidblueliquid’s Data Processing Addendum (“DPA”) which governs the transfer of personal data both within and outside of the EEA. The Customer further accepts that its failure to execute the DPA shall not prevent the terms of the DPA applying and that the DPA is incorporated by reference in this Agreement, where applicable.

11.3 To the extent that Solidblueliquid acts as a data processor under GDPR then Solidblueliquid shall:

11.3.1 only act on the written instructions of the Customer as the data controller;

11.3.2 not use a sub-data processor without the Customer’s prior written authorisation;

11.3.3 co-operate with relevant supervisory bodies, including the Information Commissioner’s Office, in accordance with Article 31 of GDPR;

11.3.4 ensure it has adequate technical and organisational measures in place to ensure the security of its processing in accordance with Article 32 GDPR;

11.3.5 keep records of its processing activities, where relevant, in accordance with Article 30.2 of GDPR;

11.3.6 on termination of the Agreement, howsoever arising, delete all of the Customer’s data; and

11.3.7 notify any personal data breaches affecting the Customer’s data, to the Customer in accordance with Article 33.

12. Force Majeure

12.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Pargon or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control

13. Term and Termination

13.1 Solidblueliquid shall provide the Services for the Initial Term. Following the Initial Term, the provision of the Services shall continue until terminated by either party invoking the termination rights under these General Terms and Conditions.

13.2 Where the Customer is a Consumer, the Customer is entitled to terminate the Agreement within 14 days starting from the day after The Customer receives the Order Confirmation unless the Customer has agreed that Solidblueliquid shall commence providing the Services within that 14 day period.

13.2.1 The Customer is deemed to have expressly agreed that Solidblueliquid will commence providing the Services within 14 days by clicking the ‘Complete Order’ button on the website.

13.2.2 If the Customer is not prepared to waive these rights then Solidblueliquid may be unable to commence provision of the Services until the 14 day cooling off period has expired.

13.2.3 To effect termination the Customer must contact Solidblueliquid’s customer support using the method(s) set out on its website.

13.3 Without prejudice to any other termination rights set out elsewhere in these General Terms and Conditions, either party may terminate the Agreement, or the provision of any part of the Services, for convenience by serving 30 days written notice on the other party, such notice to expire on or after the end of the Initial Term.

13.4 Either party may terminate the Agreement immediately in the event that the other party:

13.4.1 has committed any material breach of this Agreement which is incapable of remedy;

13.4.2 has failed to remedy any remediable breach having been given 14 days written notice to do so;

13.4.3 becomes the subject of an Insolvency Event; or

13.4.4 ceases or threatens to cease trading.

13.5 Solidblueliquid may terminate the Agreement without notice and without liability in the event that the Customer fails to pay, when due, any sum owing to Solidblueliquid. Such termination by Solidblueliquid may take effect during the Initial Term and shall not relieve the Customer of any liability to pay for the remainder of the Initial Term. #

13.6 Solidblueliquid may terminate the Agreement with immediate effect in the event that the Customer is rude, aggressive or violent towards any Solidblueliquid employee or in any other circumstances where the Customer’s conduct is unacceptable to Solidblueliquid.

13.7 Termination of the Agreement and/or the provision of any Services, howsoever arising, shall be without prejudice to any sums owing by the Customer to Solidblueliquid.

14. Post Termination

14.1 Termination of the Agreement is without to any rights or duties of either party accrued prior to termination.

14.2 Clauses in the Agreement which are expressly or impliedly intended to continue in effect notwithstanding termination of the Agreement shall continue to bind the parties post termination.

14.3 Upon termination of the Agreement, for whatever reason, Solidblueliquid may, without further notice to the Customer, irretrievably delete the Customer’s data from its systems and any equipment.

14.4 Upon termination of the Agreement, for whatever reason, the Customer shall:

14.4.1 cease to use the Services and any Software;

14.4.2 erase any Software from the Customer’s systems and confirm to Solidblueliquid that it has done so;

14.4.3 return any Solidblueliquid equipment or any other Solidblueliquid materials to Solidblueliquid without delay; and

14.4.4 make payment of any sums due to Solidblueliquid for the provision of the Services and for any out of pocket or pro-rata expenses incurred by Solidblueliquid including any registration or licencing fees.

14.5 Termination by the Customer within the Initial Term shall only take effect once the Customer has settled on fees due and owing for the Initial Term.

15. Severability

15.1 The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

16. Waiver

16.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstance impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstance preclude any other or further exercise of it or the exercise of any other right, power or remedy.

16.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.

17. Assignment and Subcontracting

17.1 The Customer may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of Solidblueliquid. Any consent provided by Solidblueliquid under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Customer and that the Customer guarantees the assignee’s or licensee’s performance as applicable. Solidblueliquid may sub-contract or assign any or all of its rights and obligations under the Agreement

18. Amendments

18.1 No variation or amendment to the Agreement (including any Order Confirmation) is effective unless confirmed in writing by an authorised representative of Solidblueliquid.

19. Notices

19.1 Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Confirmation or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two business days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a business day or after 4.00 p.m. on a business day, such notice shall be deemed to be given or made at 9.00 a.m. on the next business day. Solidblueliquid may additionally serve notice on the Customer under or in connection with the Agreement by email to the Customer at the contact email address registered by the Customer, and in such a case the email will be deemed received once transmitted from Solidblueliquid’s email server.

20. Law and Jurisdiction

20.1 The Agreement shall be construed in accordance with and governed by English Law.

20.2 The English and Welsh courts shall have exclusive jurisdiction over any disputes arising out of or related to the Agreement.

Solidblueliquid LTD, registered number 10306623, registered address Studio 109, 109B Marton Road, Middlesbrough, TS4 2UB.

Solidblueliquid offers a no-quibble 30 day money back guarantee on all shared hosting packages (‘the Guarantee’).

The Guarantee does not apply to Virtual or Dedicated Servers, SSL Certificates, Domain Names, WHOIS, Firewalls, Exchange Mailboxes or shared hosting service renewals.

To request money back under this guarantee Customers must first cancel their plan in client.solblu.uk and then email support within the first 30 days of opening their shared hosting plan.

You acknowledge and understand that any services bundled with or attached to the service that is cancelled will be forfeited at the point of cancellation.

Where a Domain Name is bundled free of charge with the hosting package, the Customer will be liable to pay the yearly cost of that Domain Name. The domain will be charged at the price of the domain name for 1 year. The charge will be deducted from any refund made.

Refunds can take 7 working days to be processed. Refunds will be made using the same method that was used for payment.

This policy does not cover accounts which have violated Solidblueliquid’s Acceptable Usage Policy. The Guarantee can only be applied once, per Customer. Solidblueliquid reserves the right to amend or withdraw these terms and conditions at any time without notice to You.

We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 30 minutes, via e-mail.

Should we break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit a full week’s cost to your client account. No hidden catches – we value our service and clients extremely highly.

Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for the period of the disruption late.

Solidblueliquid makes no guarantee to defend a customer’s website from a denial of service attack unless that service has been specifically offered and agreed.

For Virtual Private, Dedicated and Complex Hosting Customers

On our virtual servers, dedicated servers and complex hosting, our SLA is increased as follows:

  • Power: 100%
  • Network: 100%
  • Server Uptime: 99.9%

We guarantee that in the remote event of a server hardware failure that cannot be fixed, the hardware will be replaced within 1 working day of the problem’s diagnosis. Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the situations where there is a requirement to rebuild a RAID array and the reload of certain operating systems, processors and applications. It does not include any bespoke server hosting solutions. Our parts and labour warranty covers all parts and labour costs involved in the event of a related parts failure. Any failed component shall be replaced by us at no cost to you.

In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 60 minutes of being notified. In the rare event that your problem cannot be resolved within 60 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. We shall keep you regularly updated until the moment the problem is resolved. An engineer’s report shall be sent to you within 12 hours of the problem being resolved. We will reboot your servers (physically or remotely) 24 hours a day without any cost to you.

Fastrack tickets are avaliable to all customers at the cost displayed at the time of ordering. This cost can be adjusted without notice. Fasttrack ticket prioritise your request above others, they will be answered by the next avaliable support member and have a SLA of 1 hour response.

To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket, live chat or email from your registered address.

Our responsibility to provide support is limited to diagnosing problems with the hosting service itself. However, at our sole discretion and on a best effort basis, our support agents may attempt to assist with other issues such as client device configuration, website scripting and database issues, website optimisation and malware removal. Where such support is offered, it is done so without warranty. The customer agrees to indemnify Solidblueliquid against any loss or damage, direct or consequential, arising from the provision of this support.

Our support agents (concierge, migration, sysops and our standard support team) may suggest products, applications and third party services for use on your website. The customer is wholly responsible for any actions taken and Solidblueliquid makes no warranty as to the suitability of these services and accepts no liability for any loss or damage arising from their use.

Introduction

Solidblueliquid has created this Acceptable Use Policy (AUP) to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that Solidblueliquid complies with all relevant UK laws. This AUP must be read in conjunction with our General Terms of Service.

It is the responsibility of all customers of the Solidblueliquid network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of Solidblueliquid. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, Solidblueliquid reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant statutory provisions including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. This includes but is not limited to;

Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity.
All content uploaded to your your hosting service, including dedicated and VDS servers, must conform to UK law. It is the Customer’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act. You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’ ,’UBE’,’UCE’ ).
You are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
You must take all reasonable steps to ensure that your password and login credentials remain confidential.
Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
Sites must not contain ‘hateful’ material or content which seeks to incite hate.
Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
Sites must conform to UK copyright law.
It is also unlawful in the UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. Solidblueliquid will co-operate with any law enforcement body, agency or rights holder wishing to assert their rights in these matters and Solidblueliquid reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
Under the Electronic Commerce (EC Directive) Regulations 2002, Solidblueliquid is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.[

Acceptable Email Usage Customers may not use Solidblueliquid services to send unsolicited commercial email (UCE, also known as ‘Spam’). Solidblueliquid will suspend, terminate or blocked accounts seen to be sending ’spam’.

You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.

You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.

You agree to have a clear opt out policy in all newsletter communications.

You must not use our mail services or network to send email to any user who does not wish to receive it.

You must not use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually.

You must not use our mail services or network with intent to deprive others of service (‘mail bomb’).

You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.

You must not use any email address that you are not authorised to use.

You must ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’.

You must take full responsibility for your own email reputation, Solidblueliquid can not guarantee a positive reputation.

Some hosting services we provide, for instance Gridhost shared hosting, limit the number of messages that can be sent in order to prevent blacklisting and to manage server load. The nature of this limit may vary from time to time. You agree to abide by these limitations.

Security and Privacy

Login names and passwords must be kept secret and not be communicated to any third party. If a customer forgets or loses their password, they can request a new password using the ‘forgot password’ link.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers, CRM systems and blogging software must not be remotely exploitable.

If Solidblueliquid find malicious traffic emanating from a customer’s server, Solidblueliquid have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. Solidblueliquid understand that in many cases a customer may not be responsible for or aware of the problem, and therefore Solidblueliquid will work with the customer to resolve the issue as efficiently as possible to restore normal service. A customers service will remain offline until a solution is found.

Proxy servers and services are not permitted on Solidblueliquid’s network under any circumstances.

Compliance with foreign law

The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Web Usage

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

You accept sole responsibility for the content of web pages owned and/or operated by you – whether on client pages, web hosted space or colocated servers – within our domain or other domains hosted within our network.

You accept sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.

You accept sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.

You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.

Some hosting products may offer ‘unlimited’ or ‘unmetered’ resources. However, these resources may only be used to serve a standard website and may not be used for bulk storage, archival or any other purpose intended to consume excessive storage.

If your usage exceeds the limitation of your hosting package we reserve the right to charge for this overusage at the prevailing rate displayed on our website, or to upgrade you to a larger hosting package at our discretion.

Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.

At Solidblueliquid our primary focus is maintaining absolute customer satisfaction through sustainable pricing, proactively managed services and ongoing investment in our hosting infrastructure.

Sometimes we may fall short of the high standards our customers expect from us. If this happens we are keen to hear customer feedback and concerns and use this to improve our service.

If you are confident that your complaint/concerns can not be handled via our standard support channels we suggest you follow our official complaint procedure outlined below.

Please note, it may take up to 72 hours to receive an initial response from our dedicated complaints team. Any support queries or concerns which we believe can be handled by our standard support team will be reassigned by our complaints team to a general support agent. This is to ensure a response and solution is reached as quickly as possible.

Step 1:

Contact our dedicated complaints team by emailing support@solblu.uk.

All complaint emails will receive an automatic email confirming that the ticket has been received successfully and the assigned ticket reference.

Step 2:

If you have already contacted us, and we’ve not been able to resolve your issue to your satisfaction, the next step is to submit a Formal Complaint.

All complaints MUST be made in writing. This is to ensure we’re able to properly address and investigate your concerns and provide a full response.

Complaints can be submitted in writing to:

Customer Complaints c/o Head of Solidblueliquid Ltd Studio 109, 109B Marton Road, Middlesbrough, TS4 2UB

What information you should include:

You should ensure you include as much information about the issue as possible, this might include:

Name of the staff member you spoke with on the phone or support tickets Ticket reference IDs Date & time when issues occur or when you called Details about the problem, how it started, what you did and any other relevant details

Providing as much information as possible helps us to quickly investigate and fully understand the situation, what happened, what/if anything went wrong and how we can then try to resolve your complaint.

What we will do: Usually our Head of Customer Support will review all complaints within 72 hours and provide an initial response while they investigate the issue.

Depending on the type of issue, it may be necessary for the complaint to be passed to a more appropriate Manager, Head of Department or Director. You will be informed of who is handling your complaint and their role in the investigation.

We will then provide a full reply to the complaint within 10 working days.

Splashtop is a third party tool used by Solidblueliquid to assist clients. Therefore, Solidblueliquid gives no warranty whatsoever in respect of the Splashtop tool and is not liable for any error or malfunction that Splashtop may have or cause on a customer’s computer. Solidblueliquid has all the Splashtop licenses required to use and enable its clients to use this tool.

The Splashtop tool can only be used by a customer if the client gives his or her consent and installs the tool themselves.

Installation or use of the Splashtop tool is not mandatory but such use may enable Solidblueliquid to resolve the client’s issues more efficiently.

By installing the Splashtop tool and accepting Solidblueliquid access request the customer authorises Solidblueliquid to access the customer’s computer including any data stored on the computer that it may be reasonably necessary for Solidblueliquid to access.

Solidblueliquid will use the Splashtop tool for the purpose of assisting the customer with resolving the issue that the customer is experiencing. Assistance is provided only as a convenience to end users of Solidblueliquid products and services. The nature of the problem and solution(s) may depend on the customer’s system and other variables unknown to the support engineer.

For this purpose the customer must provide reasonable cooperation to Solidblueliquid and maintain telephone contact with the Solidblueliquid technician at all times and monitor tasks performed by the Support agent remotely via the customer’s computer. Customer should therefore remain at their PC or device for the duration of the remote help session.

You agree and understands that use of the Splashtop will result in Solidblueliquid temporarily taking remote control of the customer’s computer for the purpose of testing or attempting to resolve the incident reported by the client. The customer shall be able to view Solidblueliquid’s actions on the customer’s computer and therefore responsible for monitoring the performance and may instruct the Solidblueliquid representative to cease access at any time.

Solidblueliquid will use its best efforts not to access any of the customer’s personal data unless reasonably necessary to do so. However, when attempting to assist the customer the Solidblueliquid representative may have access to other data on the customer’s computer and in such instances Solidblueliquid shall take all necessary measures to ensure the confidentiality of the customer’s information. Any personal data accessed by Solidblueliquid shall be processed in accordance with the Data Protection Act 1998 as set out more fully in the Privacy Policy.

You understand and agrees that Solidblueliquid Limited is not liable for any subsequent incidents unrelated to the remote performance which may occur. Solidblueliquid or its employees will not be held liable for any direct, indirect, damages, loss, cost or liability whatsoever that result from, or are related to the remote help session provided by Solidblueliquid.

These Managed Migration Terms and Condition apply to both paid and bundled migrations and are supplemental to Solidblueliquids’ General Term and Conditions. The request that Solidblueliquid carry out a migration constitutes acceptance of these Managed Migration Terms and Conditions and Solidblueliquid’s General Terms and Conditions.

To initiate a migration request a ticket must be raised via the client.solblu.uk site. Once this is done, a support ticket will be raised automatically and Solidblueliquid will endeavor to respond to this within 1 working day with a suggested migration date/time.

The Customer accepts and understands that Solidblueliquid can only move websites from web hosts where Solidblueliquid has FTP access.

The migration service is the movement of the Customer’s files and databases from their existing host to the Solidblueliquid platform.

Sensitive data shared with Solidblueliquid during the migration of your website will be held in compliance with all UK data protection legislation.

Solidblueliquid is not responsible for any loss or damage whatsoever arising from a website migration. Before requesting a migration, Customers must take a full backup of their website data and files.

The Customer accepts and understands that Solidblueliquid will not migrate email, domain registration or custom DNS records. Solidblueliquid will attempt to migrate all databases we believe are necessary for the operation of your website but it is the Customer’s responsibility to ensure that any website functions correctly post-migration.

Solidblueliquid will not migrate an SSL certificate from the Customer’s current provider. If an SSL certificate is required for any migrated websites, then a new one will have to be purchased via Solidblueliquid.

Once a migration is completed, Customers must check that the content has been transferred successfully before cancelling any third-party hosting package. Customers are solely responsible for the decision to terminate any hosting provided by a third-party and Solidblueliquid accepts responsibility for loss of data.

Solidblueliquid will not debug technical issues with a Customer’s website, scripts or databases, whether or not the Customer believe these to have arisen due to the migration. Basic Migrations Solidblueliquid will endeavor to migrate the Customer’s website within 3 working days but the Customer accepts this may not be possible during busy periods or due to unforeseen technical issues.

If your DNS is not hosted with Solidblueliquid then it is solely the Customer’s responsibility to update your DNS records. eCommerce Migrations Solidblueliquid will endeavors to migrate the website at the scheduled time however there may be some deviation due to unforeseen technical issues or human factors.

If your DNS is not hosted with Solidblueliquid then it is solely the Customer’s responsibility to update your DNS records during the migration window.

Bundle products can be claimed as long as the hosting plan or server giving entitlement to that product remains active.

Bundled Domain Names and SSL Certificates are offered on a one year basis. All renewals will be charged at Solidblueliquid’s standard rate.

Bundled domains are only offered on annual and biennial shared Hosting plans.

Bundle Migrations are offered on a one time basis.

Bundled products have no monetary value and cannot be refunded, exchanged for service credit or used to offset the cost of a more expensive product.

Bundled products may only be used by the customer who is entitled to them. They cannot be moved to another account.

Customers must terminate any bundled products prior to the end of the first year to prevent auto renewal.

Individual cancellation request must be submitted for the entitling product and all active bundled products.

These VPS and Dedicated Server Terms and Conditions apply to the purchase of VPS and Dedicated Server Services from Paragon Internet Group Limited t/a Solidblueliquid (‘Solidblueliquid’) and are supplemental to Solidblueliquid’s General Terms and Conditionsand Solidblueliquid’s Acceptable Use Policy. Solidblueliquid’s General Terms apply to the provision of VPS and Dedicated Server services in addition to these VPS and Dedicated Server Terms and Conditions.

To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by Solidblueliquid to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the

Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, Solidblueliquid gives no warranty or representation that:

the Services will meet the Client’s requirements;

the Services will be provided on an uninterrupted, timely, secure or error-free basis;

any results obtained from use of the Services will be accurate, complete or current; or the Services provided will be compatible with any files or software You install or upload to the Virtual Server.

Service Provisioning

Solidblueliquid aim to provision newly ordered services within 48 hours. However, due to hardware shortage, workload or other factors provisioning may sometimes be delayed and no guarantee is offered that services will be provisioned in any particular timeframe. The next due date of the service will be adjusted at the point of provisioning to account for this.

Migration to VPS or Dedicated hosting

You may ask our support team to migrate your website(s) from another service to your VPS or Dedicated Server. This will be done according to our Migration Service Terms and Conditions. Unless requested, there will be no automatic migration.

Upgrades and Downgrades

Some services can upgraded or downgraded through the Solidblueliquid client area. Others must be requested by support ticket. In either case we will endeavour to carry out the upgrade or downgrade within 48 hours. Upgrades/Downgrades will always cause a degree of service interruption which is exempted from our SLA. We will endeavour to perform the upgrade/downgrade a time of day to suit you but this cannot always be guaranteed.

If a service is downgraded, no refund or service credit will be provided and the new fee will be charged from the next renewal.

Self-Managed Services

Solidblueliquid may at the Customer’s request and at our sole discretion provide a Self-Managed service. A Self-Managed service means that Solidblueliquid has no ability to manage the server on behalf of the Customer and accordingly the Customer is solely responsible for this. Further, the Customer is solely responsible for taking backups, software management and application of any security or software updates. If the service is Self-Managed, this invalidates any SLA expressed or implied.

Service Level Agreement

Our standard service level agreement applies to managed VPS and dedicated hosting. Self-Managed servers are exempted. We will not provide an SLA credit if any downtime that occurs is due to server overload, scheduled maintenance or the upgrade/downgrade of a service.

Hardware failure

From time to time hardware may fail. We will endeavour to replace any failed hardware within 24 hours, however, this is not guaranteed. In the event of a storage failure, data loss or corruption might occur and restoration from the Customer’s backup may be required.

Backups

It is solely and entirely the Customer’s responsibility to ensure that they have sufficient backups in place for their data. Solidblueliquid is not responsible, under any circumstances, for any data loss from a Customer’s server or for the provision of any backups.

Solidblueliquid may provide backups with your VPS or dedicated hosting service. However these are taken on a “best effort” basis and we accept no liability for any loss arising from any failure in the backup process or any data loss whatsoever. We advise all customers make their own off-site backups. Self-Managed services are not covered by Solidblueliquid’s backup processes and Customers are solely responsible for the taking of any backups on a Self-Managed service.

Managed Hosting

Unless opted out, our VPS and dedicated servers include management as standard. Customers will not be provided with root or administrator access. Customers will have user level access to upload a website and, where applicable, access to a control panel. Solidblueliquid will configure the server to the Customer’s requirements, to host a standard website or group of websites.

Solidblueliquid will operate the server as part of its network, utilising configuration management utilities and server monitoring to ensure uptime. Solidblueliquid will endeavor to respond to any service affecting events 24x7x365.

Where a payable upgrade is required due to server load, Solidblueliquid contact the Customer to inform them of this. Should the Customer choose not to proceed with the upgrade, the standard SLA will not apply following that refusal to upgrade.

Solidblueliquid will normally not support your application itself, however, from time to time, Solidblueliquid’s support team may offer application assistance. If such assistance is offered it is on a “best effort” basis and you agree to indemnify Solidblueliquid against any loss or damage arising from this assistance, whether direct, indirect or consequential.

Expiry and Cancellations

Customers may terminate their VPS through their client area.

Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full backup has been made by them prior to cancelling.

In the event that Customers cancel their Solidblueliquid services mid-way through their billing term, they will not be entitled to any refunds for the remaining amounts or any other related amounts.

Fees and Billing

The Services shall be charged in accordance with the fees set by Solidblueliquid as set out in the Order Confirmation. These may be varied from time to time and published on the Solidblueliquid website and in the Solidblueliquid client area.

Services will renew at the fee displayed in the Solidblueliquid client area. An invoice will be raised 30 days in advance of the service expiry date. If that invoice is not paid, the hosting Services will be suspended and later cancelled with the removal of all data.

If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.

If Customers downgrade the specifications of their Services during the term of the Agreement, the price difference in relation to the remainder of the current billing period will not be refunded. The full price of the downgrade will then be charged at the start of the following billing period.

Overview
This Registrant Agreement sets the terms and conditions in which you (“Registrant”, “You”, “Your”) register, renew, transfer and manage domain names with Paragon Internet Group Ltd trading as Solidblueliquid (“Registrar”, “Us”, “We”, “Solidblueliquid”).
These terms are in addition to our general terms and conditions of service and relate specifically to domain name registrations managed using our service. You agree to be bound by these terms as well as all relevant 3rd party terms when registering domains with Solidblueliquid.
Due to the changing nature of domain registration policy, we reserve the right to update or amend these terms at any time, without notice. Any changes will be published on our website. Your continued use of your domain name will constitute your acceptance of this Agreement. If you do not agree with any change in this agreement you may request that your domain registration be cancelled or transferred to a different ICANN-accredited registrar.
This agreement shall be binding for the duration of the domain name registration period. Renewal of your domain signifies your continued acceptance of these terms. Should the domain be successfully transferred to another registrar, or deleted, the Registrant Agreement shall cease.

Customer Obligations
You agree to ensure that all domains registered via our service:
will not be used for any unlawful purpose
will not be registered in bad faith, or otherwise be considered an abusive registration under the Registry, ICANN or our dispute policies or procedures
will not infringe on the legal rights of any 3rd party
You acknowledge that we cannot guarantee availability of your desired domain name, even if an inquiry indicates its availability.
You are obligated to provide the following when submitting domain registrations:
Your name, postal address, email address, voice, and if available, fax telephone numbers for the registrant, administrative, technical and billing contacts for the domain name
The domain name being registered
All other information required to perform the domain name registration
You must maintain all information to ensure it remains accurate, changes to information should be submitted within (7) days of change.
You acknowledge that willful provision of inaccurate or unreliable information, willful failure to correct inaccuracies within (7) days or failure to respond to registrar inquiries for over (15) days will constitute a material breach of the Registrant Agreement and will be a basis for suspension or deletion of the domain registration without refund or compensation.
Solidblueliquid and each registry operator reserve the right to delete your domain registration if some or all of the information provided by you or your agent is false, inaccurate, incomplete, unreliable or misleading.
It is your sole responsibility to protect the security of your access credentials to our system(s) from any unauthorized use. Under no circumstances shall we be held liable for the unauthorized use or misuse of your access credentials.

WHOIS
You agree and acknowledge that we will make domain name registration information you provide available to ICANN, the registry operator, law enforcement agencies and other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain registration information you provide, for the purposes of inspection (such as our WHOIS service), as required or permitted by ICANN and applicable laws.
You consent to any and all such disclosures, whether during or after the term of domain registration. You irrevocably waive any and all claims and causes of action arising from such disclosures or use of domain information by Solidblueliquid.
We will take all reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorised access or disclosure, alteration or destruction.
If you choose to utilise our WHOIS Privacy Protection, you agree to also be bound by our WHOIS Privacy Terms.
Should you intend to license or otherwise provide use of the domain name to a 3rd party
The Registered Name Holder shall nonetheless be considered the domain name holder of record and therefore held responsible for compliance with these and all associated terms
You shall accept liability for harm caused by wrongful use of the domain name, unless you disclose within (7) days the current contact information provided by the licensee or operator upon provision of evidence of actionable harm
You represent that you will secure the agreement of any third party to the full terms of this agreement

Auto-renewal
Domain names due for renewal will be automatically renewed by Solidblueliquid subject to the following conditions:
You have not notified us at least (45) days before the expiry date that you do not wish to renew the domain
We are able to successfully take payment for the renewal from your stored payment method
The expiry procedures and recovery processes vary between registries; the procedure for gTLD domains are as follows:
For (40) days after the expiry date the domain will be in the “Renewal Grace Period”. During this period you can renew your domain at our standard renewal fee.
For (30) days after the Renewal Grace Period the domain will be in the “Redemption Period”. We are usually able to recover domains in the Redemption Period however, this cannot always be guaranteed. An additional redemption fee will also apply as well as the standard renewal fee. Redemption fees can be found on our domain pricing page.
For (5) days after the Redemption period the domain will enter “Pending Delete”. It is not possible to recover domains at this stage.
Approximately (75) days after expiry the domain will be deleted from the registry and will usually become available for registration.

Domain Expiry
If a domain is not renewed by the expiry date it will usually stop resolving and will be considered “expired”.
If we are unable to successfully take payment for the renewal via the stored payment method, or if you fail to manually renew the domain name within the required time-frame, the domain will expire and not be renewed.
It is your sole responsibility to ensure your contact information is up to date ensure email renewal reminders are received.
You accept that we may, at our sole discretion, renew a domain and may change the nameservers associated with the domain if it is not renewed before the due date.
The customer acknowledges that we may elect to assume ownership of domains which are not renewed within the relevant renewal grace period and may, at our discretion renew, auction or otherwise sell, update or transfer the domain to a 3rd party
If we, in our sole discretion, elect to renew the registration, you will be entitled to the standard renewal grace period, and redemption period as specified by section 4. and the same terms and fees will apply
During these grace periods we may elect to display a parking page and/or may revise the WHOIS registration to include our information
The domain name may also be listed for auction and/or promoted as available for sale
If you do not elect to renew or restore the domain during the renewal grace period nor the redemption period, the auction or sale will be concluded and the ownership of the domain will be transferred to a third party and will not be available for re-registration after the stated grace period(s).
You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and any expired domain name may be made available for registration by a 3rd party.
While we will endeavour to ensure domains renewals are processed promptly we make no guarantee that attempted renewals will be successful and it is your responsibility to check their domain has been renewed successfully using the WHOIS service.
If you fail to renew your domain registration, your domain may cease to resolve and visitors to your site may be directed to a default page informing them that the domain has expired and is no longer resolving. This parking or default page may feature advertisements for our own benefit.

Recovering Domain After Expiration
It may be possible to recover a domain name after it has expired depending on the relevant registries policy.
If the domain is within the “Renewal Grace Period” then it will be possible to renew the domain for the standard renewal fee.
If the domain is not within the Renewal Grace Period, but is within the registry Redemption Period it will be subject to a Redemption Recovery fee as specified on our domain pricing page plus any applicable renewal fees and taxes.
It may not always be possible to renew a domain name after its expiry and Solidblueliquid has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.
If you forfeit a domain name due to non-payment, Solidblueliquid will have the right, in its sole discretion, to:
Register and use the domain name for its own purposes;
Sell or transfer the domain name to a third-party; or
Delete the domain name making it immediately available for registration by anyone.
Further, you agree that Solidblueliquid may charge the credit card you have on file to recover any amounts outstanding on your account.

3rd Party Terms
Due to the nature of domains, various 3rd parties such as the registries and governing bodies such as ICANN may impose their own terms and conditions.
You acknowledge that you will also be bound by additional 3rd party terms depending on the type of domain registration, you can find details of TLD Specific 3rd Party Terms here
All relevant 3rd Party terms form part of this agreement, you agree to be bound by them as well as the terms included here. In the event that this agreement is inconsistent with any provision of the 3rd party terms, the 3rd party terms shall prevail.
You agree that your registration of the domain name shall be subject to suspension, cancellation or transfer pursuant to Paragon Names, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Paragon Names, registry, ICANN or government-adopted policy, (1) to correct mistakes made by us or a registry in registering the domain name or (2) for the resolution of disputes concerning the domain name.

Disputes, Complaints and Legal Challenges
Occasionally domain names may become the subject of a legal dispute. In the event that a dispute arises, you shall indemnify and hold Paragon Internet Group Ltd, its subsidiaries, contractors, agents, employees, officers, directors and affiliates, ICANN and the applicable Registry Operator harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of, or related to, the domain name registration.
In the event that we are threatened with legal action, or at our sole discretion believe that legal action is likely to be brought, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
If Solidblueliquid is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Solidblueliquid may, at its sole discretion,
suspend your ability to manage, update, or transfer your registration records and/or
provide control of your domain name registration with the appropriate judicial entity
Registration or reservation of your chosen domain name does not guarantee immunity from objection to the registration, reservation or use of the domain under registry dispute policy and/or applicable law
You agree that should the registration of your domain name be challenged by a third party, you will be subject to the provisions specified in the dispute policy of the applicable registry.
This agreement shall be governed by, interpreted and enforced in accordance with the laws of the United Kingdom. Any action relating to this agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of such courts.

Cancellation
If you do not wish to renew your domain, you must cancel it by disabling Auto-renew at least 1 day before the renewal due date via the control panel
The customer acknowledges that the due date may differ from the domain expiry. Some domains will need to be renewed up to 60 days before the expiry date to ensure successful renewal due to registry requirements.

Refunds
Due to the bespoke nature of domain names they are non-refundable in whole or part once the registration, transfer or renewal has been submitted to the registrar, even if the registration is suspended, cancelled or transferred prior to the end of the current registration term.
The customer understands that Domain names are not entitled to a “cooling off” period under the Distance Selling Regulations 2000 as per Regulation 13(1)(c).
The customer understands that we are unable to change or edit the spelling of domain names after registration. It is the customers responsibility to ensure the spelling of a domain is as desired before completing the order.
If a domain is registered with a misspelling in error you may be eligible for a credit so that the correct spelling can then be registered. You must contact us within 2 days of registration to arrange this. Any credits are issued at our sole discretion and dependant on registry policies.
No refund will be issued for domains which are deleted due to a breach of these or any relevant associated terms.
Transfer of Ownership
The person named as Registrant on the WHOIS shall be the registered domain name holder. The person named as the administrative contact shall be deemed the designate of the Registrant with whom full authority to manage the domain has been assigned.
You agree that prior to transferring ownership of your domain to another person (the ‘Transferee’) you will require them to agree, in writing to be bound in the terms and conditions set forth in this Agreement.
If the transferee fails to be bound in an acceptable fashion (as determined by us at our sole discretion) to the terms and conditions of this agreement any such transfer will be considered null and void
You acknowledge and agree that for all applicable gTLDs We will act as a Designated Agent, pursuant to ICANN’s Transfer Policy, whenever a request is made to update the registrant contact details associated with a domain name. In that respect, You expressly authorise Us to approve a change of registrant or any change to the registrant’s contact details on Your behalf.

Note The original UDRP document is located at www.icann.org, in the event of differences, the original document should be regarded as the definitive set of Terms and Conditions.

1. Purpose

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers, and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  • a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  • b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  • c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4 (i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a “Provider”).

  • a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
    • (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
    • (ii) you have no rights or legitimate interests in respect of the domain name; and
    • (iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

  • b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4 (a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
    • (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
    • (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
    • (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    • (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
  • c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4 (a)(ii):
    • (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
    • (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
    • (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
  • d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4 (f).
  • e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
  • f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
  • g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5 (b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
  • h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
  • i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
  • j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
  • k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3 (b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute

  • a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
  • b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration

Domain names are usually subject to the registration terms and conditions set by the relevant registry as well as the registration terms of Tsohost.

Where possible links to the relevant 3rd party terms and dispute resolution policies are included below, if you have any queries regarding these please raise a support ticket and we’ll be glad to assist where possible.

.uk


.com, .net, .org, .info, .biz, .cc, .tv, .cn, .be, .at, .es, .me


CentralNic – e.g. .uk.com, .eu.com, .de.com, .jpn.com, .uk.net, .gb.net, .us.com, .qc.com


.eu


.pro


.ae


.asia


.so


.co


.co.il


.co.nz


.co.za


.de


.im


.in


.jp


.mx


.nl


.pl


.xxx

The below terms apply to any domains registered with Solidblueliquid

Registrants who opt to use the Contact Protect WHOIS Privacy Service have elected to include the following information in the public WHOIS database:

Contact Protect will appear as the Registrant and Contact name(s)
Contact Protect’s postal address, email address and telephone number shall appear on behalf of the Registrant and other contact(s)
Nameserver information will be those designated by the Registrant
The original registration, expiry and last update date of the domain name
Solidblueliquid Ltd will be identified as the Registrar of Record

You understand and agree that the Registrant and other Contact Information which you provide will be kept on file. You also acknowledge and agree that you will ensure WHOIS information and domain contacts are true, accurate and up to date.

You will retain full control over the domain name and its registration records and you’re free to disable and reinstate the WHOIS Privacy Service at your discretion.

The WHOIS Privacy Service may be used with both new and existing domain names. You may use the service with domains transferred to one of our partners, once the transfer has completed.

If you wish to transfer a domain using Contact Protect to another registrar, the WHOIS Privacy Service will need to be disabled in order to initiate the transfer.

All Registrar emails, such as domain renewal notices, WDRP, expiration notices, compliance notifications and other communique will be sent to the contacts you designated.

Communications forwarding

Communications received with respect to a particular domain name registration will be handled as follows:

Postal Mail: When we receive mail which is sent by Registered Mail, Signed For or a traceable courier we will contact you via the email address(es) on file giving you 3 options; the option to receive a scanned copy of the mail, have the mail forwarded to you (postage fees may apply) or we can simply discard it.

Email: If someone emails the email address on your WHOIS record, they will receive an automatic reply informing them that to get in contact with the domain owner they should use the contact form on ContactProtect.org.

Phone: If someone calls our number shown on the WHOIS record, they will hear a recorded message informing them that we do not accept voice messages and that to get in contact with the domain owner they should use the contact form on ContactProtect.org.
We will only be responsible for forwarding communications where our details appear in the WHOIS database and when your WHOIS information is accurate, complete and up to date

You acknowledge and understand that standard postal mail will be discarded at our discretion; we also reserve the right to open mail received for processing and/or security purposes.

Right to Suspend and Disable

We reserve the right, at our sole discretion and without liability to you or any of your contacts, to suspend or cancel the WHOIS Privacy Service and to reveal the Registrant and other contact information in certain circumstances, including but not limited to the following:

when required by law;

in the good faith belief that disclosure is necessary to further determine an alleged breach of a law;

to comply with all legal processes served upon IdentiSafe Ltd, such as Court Orders;

to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy;

to avoid financial loss or legal liability;

if we believe that you or one of your Contacts are using the WHOIS Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities;
to transmit SPAM, viruses or other malware

You understand and agree that, in the event that we receive a formal complaint, notice of claim or URDP, that will have the right to disable the WHOIS Privacy Service pending final resolution of the matter.

Payment Terms and Refunds

You acknowledge and accept that the WHOIS Privacy service will be run in conjunction with the term of the associated domain name registration and that no refund will be issued for any period in which the WHOIS Privacy Service is dormant or unused. Similarly it is not possible for the privacy service to be charged “pro-rata” and the full fee will be required regardless as to when it is initiated in relation to the associated domain registration renewal cycle.

WHOIS Privacy Policy

Note The below terms apply to any domains registered with Solidblueliquid

These terms apply to all gTLD domains registered with enom that are using Contact Privacy Inc’s WHOIS Privacy Service.

Contact Privacy Inc. Terms of Service

Contact Privacy Inc. Customer ####, where #### is an individual customer identification number which is unique per domain name, shall appear as the Registrant and Contacts name(s); (ii) enom Domains Inc.’s (“enom”) postal address and a enom assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s); (iii) The primary and secondary nameservers shall be those designated by the Registrant; (iv) The original date of registration and the expiration of each domain name; (v) enom Domains Inc. will be identified as the registrar of record.

You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.

You will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.

The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar, the Whois Privacy Service must be disabled in order to initiate the transfer.

We will send all obligatory renewal and transfer related messages to the Contacts you have designated.

Communications Forwarding

Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact. Regular postal mail will be discarded or returned to sender at our discretion. (ii) Email correspondence will be forwarded, only if submitted via the contactprivacy.com website, to the address as it appears in enom records. (iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.

Right to Suspend and Disable

We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon enom; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.

You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.

1. Services.

The Service Provider shall provide the Services to the Buyer in accordance with the terms and conditions of this Agreement. This Agreement is not a work-for-hire agreement. Service Provider shall perform the Services as an independent contractor. Employees of Service Provider are not intended to be, and will not be considered employees of the Buyer. Service Provider will not be under the supervision of Buyer except to the limited extent of being responsible to the Buyer for the results to be accomplished in performing the Services. Buyer will not supervise Service Provider or Service Provider’s employees regarding the technical means or manner by which the Services will be performed.

Member Access Plan comes under a contract of 3 months and at no point can be canceled prior to 3 months of services. This is because of the high amount of discounts involved in this plan.
Following terms are applicable to all the service plans:

a. Solidblueliquid are the experts in working with servers during an emergency. Our experience in the subject has helped us to maintain 9/10 success rates. However the numbers in the past is no guarantee for the successful completion of the work in future.
b. By signing up for the plan, buyer authorizes service provider to charge their card or initiate any other form of payment, for any number of hours that are required to handle the task. Buyer hereby authorizes service provider to charge for any variation in the initial and follow-up estimates . The buyer shall be charged for the hours of work irrespective of success.
c. Buyer also authorizes service provider to make judgment about the time taken to complete the task. Buyer authorizes service provider to decide on payments schedule which is pre-payment or interim payment or post-payment in nature.
d. The time spent on studying and research shall be considered as billable hours. Time spent for checking logs & recreating issues is billable.
e. Sub-tasks, if any shall also be billed. Billing is based on each sub-task and not on final output.
f. Emergency task do not guarantee immediate resolution or issue resolution. Feasibility check about issue resolution is billable.
g. Provider can not give any kind of guarantee or assurance about quality & quantity of recovered data.
h. Solutions applied could get nullified or issues fixed could reappear due to change in server environment. Additional billable time will be used for such tasks.
i. If server or website is found as not in compliance with Solidblueliquid, work will be suspended immediately
j. The liability of the service provider is limited to the cost paid by the buyer for the services only and the maximum liability of such sort is limited to the refund of the costs to the buyer.
k. The documentation of solution or the technical summary is purely the intellectual property of the service provider and is not obliged to send it to the buyer. The communication of this sort via email, chat or phone is violation of agreement.
l. The pricing of the plan is as per buyer’s cart and is susceptible to change if the plan is changed by the buyer.

2. Delivery of the Services.

Should Buyer fail to provide Service Provider with information necessary for Service Provider to begin performance of the Services, Service Provider shall have no responsibility to begin to provide the Services by the date of agreement, and shall only be obligated to do so when Buyer provides all necessary information.

Accuracy Disclaimer: Buyer is solely responsible for the accuracy and integrity of any data provided by Buyer, or Buyer’s customers, to Service Provider. Service Provider may rely on this information, and in addition may provide links to other Services Intellectual Property (as that term is defined in this Agreement) or any Internet sites or resources it believes are within the definition of Services. Service Provider does not endorse and is not responsible for any data, software, or other content available from such sites or resources. Buyer acknowledges and agrees that Service Provider shall not be liable for any damage or loss relating to Buyer, or Buyer’s customer’s, use of or reliance on such data.

3. Manner of Performing Services.

The Service Provider will supply all tools and materials necessary for the performance of the Services. Service Provider may perform the Services offsite of the Buyer’s worksite and in any location that Service Provider may choose in its sole discretion. Service Provider intends to access the Buyer’s computer and information systems via access codes that Buyer will provide to Service Provider. Service Provider shall determine the particular manner, mode and method of performing the Services, but Service Provider will ensure that its employees are available during Buyer’s regular business hours to meet and confer with Buyer or Buyer’s employees and agents about the Services.

4. Quality Verification System.

The Service Provider has instituted an internal quality verification system (“Quality Verification”) to rate and improve its performance of the Services. Quality Verification shall be used by Service Provider to evaluate the personnel and methods related to performance of the Services. Buyer may request in writing that certain items particular to the Services be included in the Quality Verification. Such request will be reviewed in good faith by Service Provider, however, the decision to include the request in the Quality Verification shall be made in the sole discretion of the Service Provider. The results of such Quality Verification are intended for Service Provider’s internal purposes; such results may be provided to the Buyer only at Service Provider’s discretion and shall be Confidential Information.

5. Term and Termination.

If the payment is not made in advance as the work progresses, the service provider will terminate the services without any further notifications.

6. Service Provider Employees; Indemnification.

Service Provider and Service Provider’s employees shall not be considered under this Agreement or otherwise to be employees of Buyer or to be eligible for any benefits provided to Buyer’s employees. Service Provider shall be responsible to pay all applicable statutory benefits to its employees. Service Provider shall maintain sufficient insurance to protect itself from worker’s compensation and other disability claims by its employees, and from claims based on any property damage or bodily injury, sickness, or death of Service Provider’s employees or of any other person which arises out of any act or failure to act of Service Provider or Service Provider’s employees or agents. Service Provider shall indemnify and hold Buyer harmless to the extent of any obligation imposed by law on Buyer to pay withholding, social security, unemployment or disability insurance, worker’s compensation, or similar levies, taxes, or claims in connection with this Agreement on account of Service Provider’s agents or employees. Service Provider shall indemnify and hold Buyer harmless against all claims, losses, liabilities, damages, and expenses, including attorney’s fees, arising out of or resulting from any action brought against Buyer based on any property damage or bodily injury, sickness, or death of any of Service Provider’s employees or any other person which arises out of any act of or failure to act by Service Provider or Service Provider’s employees or agents.

7. Confidentiality.

Both Parties acknowledge that during the contract term they may obtain access to confidential information about the other Party’s business, including, but not limited to computer programs, inventions, drawings, notes, writings, experimental work, business strategies and/or corporate know-how (“Confidential Information”). The Parties agree to use reasonable care and adequate measures to protect the Confidential Information from disclosure. The Parties agree not to make known, or permit such Confidential Information to be made known, to any person or entity who has not agreed in writing with the other Party to protect such Confidential Information. In the event that a Party is required by law to disclose the Confidential Information, such Party’s compliance with such lawful legal process shall not constitute breach of this Agreement. The receiving Party retains the right to disclose the Confidential Information pursuant to the requirements of a governmental agency or operation of law. If legally permissible and to the extent possible, the receiving Party will give prior notice to the disclosing Party of such disclosure, so that disclosing Party, at disclosing Party’s discretion, may seek confidential or protected status for such Confidential Information. If notice to disclosing Party is not legally permissible, receiving Party shall use reasonable efforts to receive confidential or protected status for such Confidential Information. This clause shall survive the termination of this Agreement and continue for a period of two years. Upon termination of the Agreement, the Parties agree to return or destroy all Confidential Information received from the other Party.

8. Intellectual Property Rights.

Ownership: The term “Intellectual Property” includes, but is not limited to any and all ideas, processes, trademarks, service marks, copyrights, patents, trade secrets, know-how, original works of authorship, inventions, technology, computer hardware and software, designs, formulas and all rights and improvements related to the foregoing that are conceived, developed or reduced to practice by Service Provider. Service Provider agrees that Buyer is the owner of all right, title and interest in the Intellectual Property created for the specific and sole purpose of providing the Services for Buyer (the “Services Intellectual Property”). Buyer shall also have the right to the files, including input and output materials, and documentation related to the Services Intellectual Property, such as media upon which any such computer programs, files and documentations are stored (including tapes, disks and other storage media). Buyer agrees that all rights, title and interest in the Intellectual Property owned by Service Provider prior to and/or independent of its performance of the Services for Buyer remain with the Service Provider. This Agreement does not grant Buyer any right or interest in Service Provider’s pre-existing Intellectual Property, regardless of whether such property is related to the Services or incorporated into the Services Intellectual Property.

9. Service Provider’s Warranties; Indemnification.

Service Provider warrants that it has the qualifications and ability to perform the Services in a professional manner, without supervision by Buyer, and that neither it nor its employees, if any, is under any obligation inconsistent with the terms and conditions of this Agreement. Service Provider warrants that Service Provider owns all copyrights and trade secrets in and to the Services or possesses sufficient rights thereunder to execute and perform this Agreement, and to Service Provider’s best knowledge, without investigation, the Services do not infringe any copyright or patent owned by a third party. Buyer warrants and represents to Service Provider that it has the right to provide to Service Provider all information and data necessary for Service Provider to perform the Services during the term. Buyer specifically warrants and represents to Service Provider, that it is in compliance with all laws governing the information to be provided to Service Provider and that it has secured all necessary permissions and authorizations to provide personally identifiable information, credit card information and intellectual property to Service Provider. Buyer further represents and warrants that no export licenses are required for Service Provider to access, process or retain any information provided by Buyer or its customers; (ii) for contracts governed by the laws of the United States only, Buyer warrants and represents that any such information is not governed by the Health Insurance Portability and Accountability Act, the Sarbanes-Oxley Act or the Gramm-Leach-Bliley Financial Services Act, or any amendments thereto. Other than set out in the paragraph entitled “Service Provider Warranties” Service Provider makes no warranties, and any implied warranties are expressly disclaimed.

THE SERVICE(S) ARE PROVIDED AS-IS. BUYER’S USE OF THE SERVICE(S) IS AT ITS OWN RISK. SERVICE PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE(S), WILL MEET ANY OR ALL OF BUYER’S EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY BUYER; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE, OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON SERVICE PROVIDER’S BEHALF. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES (EXCEPT THAT CUSTOMER SHALL BE LIABLE FOR ANY SERVICE FEES OR OTHER AMOUNTS OWED TO SERVICE PROVIDER UNDER THIS AGREEMENT); (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (IF APPLICABLE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES. IN NO EVENT WILL SERVICE PROVIDER BE LIABLE TO BUYER IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY BUYER TO SERVICE PROVIDER DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; BUYER AGREES THAT IN THOSE JURISDICTIONS SERVICE PROVIDER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Solicitation of Employees.

The Parties hereby undertake that during the term of this Agreement and for the period of eighteen (18) months after termination of the Agreement, whether with or without cause, they shall not either directly or indirectly solicit, induce, recruit or encourage any of the other Party’s employees to leave their employment, or take away such employees, or attempt to solicit, induce, recruit, encourage or take away employees of the other Party either for their own company or for any other person or entity, or enter into any contract with any employee of the other Party.

11. Limitation of Service Provider’s Liability; Indemnification.

The liability of the service provider is limited to the cost paid by the buyer for the services only and the maximum liability of such sort is limited to the refund of the costs to the buyer. Buyer agrees to indemnify, defend and hold harmless Service Provider, its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to
(i) Buyer’s use of the Service;
(ii) any violation by Buyer of any of Service Provider’s policies;
(iii) any breach of any of Buyer’s representations, warranties or covenants contained in this Agreement;
(iv) Services Provider’s use of any Services Intellectual Property; and/or
(v) any acts or omissions by Buyer. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the term “Buyer” as set out in subparagraph’s (i) through (iii) and (v) include Buyer and its customers. Buyer acknowledges that its customers (“Third Party Customers”) may be the end-users of the Services and/or products resulting from the Services. Both Parties agree that this Agreement does not create any relationship, enforceable rights or obligations between the Service Provider and Third Party Customers. Buyer agrees to indemnify Service Provider for any claims, demands, losses, liabilities, damages and expenses, including attorney’s fees, based on Third Party Customers’ use of the Services and/or products resulting from the Services.

12. Notices.

Notices shall be in writing and shall be given by personal delivery, by deposit in the mail, certified mail, return receipt requested, postage prepaid, by facsimile transmission or by express delivery service, freight prepaid, in each case by delivery to Buyer and Service Provider at the addresses set forth below or at such other address as a Party may designate in writing. The date notice is given and received shall be
(i) the date on which the notice is delivered, if notice is given by personal delivery or by deposit with an express delivery service;
(ii) three days after the date of deposit in the mail if the notice is sent through government mail service, or an internationally recognized overnight express carrier mail; or
(iii) the date of transmission if sent by facsimile (with confirmed delivery) before 5:00 p.m. Arizona time on a business day (or on the next business day if sent after 5:00 p.m. or on a non business day).
Invoices for the Services may be delivered to Buyer by email at the address(es) listed below and shall be deemed to be delivered one (1) business day following submission of such email for delivery to the address(es) listed below. Buyer agrees that Service Provider may reasonably rely upon the email address(es) listed below for the delivery of invoices and that it is Buyer’s obligation to keep such address(es) current by providing Service Provider written notice of any changes. Any obligation of Buyer set out herein shall not be excused by its failure to receive notice due to Buyer’s failure to inform Service Provider in writing of a change to that address.

13. Governing Law; Venue and Jurisdiction; Sever ability.

In the event that there is a dispute arising out of or in connection with this Agreement, the parties will attempt in good faith to promptly resolve any such controversy or claim through negotiations between executives of the parties, before resorting to other remedies available to them. Notwithstanding the foregoing, either party may pursue any legal or equitable remedies available to it in any court of competent jurisdiction if the dispute involves threatened or actual breach of their intellectual property rights, or those related to non solicitation or confidentiality. This Agreement shall be governed by Arizona law without regard to its conflicts of laws provision. Venue for any suit under this agreement shall be the Superior Court of Maricopa County, Arizona, if brought in state court, or the Federal District Court for the District of Arizona, if brought in federal court. Each Party to this Agreement agrees that such courts will have jurisdiction over the Parties, and waives their right to a trial by jury. Any order of such courts will bind the Parties to this Agreement and their successors and assigns, and neither shall contest notice from such a court. If any provision of this agreement is found by a Court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall continue in full force and effect.

14. Force Majeure.

If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. If such delay or failure continues for at least seven days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. This clause shall not apply to the timely payment by Buyer to Service Provider of any monetary amounts due under this Agreement.

15. Waiver.

No waiver of any provision of this Agreement or of any right or remedy provided by this Agreement will be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy provided by this Agreement will constitute a waiver of any other right or remedy, or future exercise thereof.

16. Attorney’s Fees.

If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in the final adjudication of any such action, on trial or appeal, shall be entitled to its costs and expenses of suit, including, without limitation, its actual attorney’s fees, to be paid by the losing Party as fixed by the court.

17. Personal Data and GDPR compliance.

In compliance with the European Framework for handling Personal Data that comes into force from May 25th 2018, the Service Provider ascertains that all Personal Data collected by us, is stored in secure internal infrastructure located in Kerala, India and for Phone Customers in Arizona, USA.

The contact information that the Service Provider needs to collect for meeting the business requirements are:

Name, Address, Location and email-id : For legal requirements like signing SLA and NDA.
Professional designation, Phone number, Chat-id, email-id : For communicating with the Buyer or Buyer’s representatives, while doing the business. Such communication include day-to-day communication on tasks being handled by the Service Provider, periodic feedback collection, occasional marketing emails etc.
Payment details : For billing requirements.

The Service Provider recommends using official contact information for establishing the business relationship. Using personal contact information for this purpose is solely at the discretion of the Buyer. By submitting your Personal Data, the Buyer agrees to accept this arrangement. The Service Provider will take all reasonable and necessary steps in storing the Buyer’s Personal Data complying with the Terms of the GDPR. The Service provider being a ISO 27001: 2013 information security compliant company since 2008, already has the necessary systems in place for the same.

The Service Provider may have access to the personal information of Buyer’s clients if it is stored in Buyer’s system. Further, the Service Provider may have to store the accessed data as part of service delivery as well as meeting statutory, legal or business requirements of the Service Provider.

The Service Provider certifies that all the activities done by the Service Provider’s employees with access to this information are logged in our servers for quality verification and to comply with the ISO 27001:2013 requirements. This includes, but is not limited to, server terminal activities, chat transcripts, email communication, notifications from support helpdesk, alerts, emails to end customers send via support helpdesk and any other activity which can be classified as work record, for the work done for the Buyer. The work records will be retained in the Service Provider’s internal servers for a period of ten years with access restricted to selected employees, to meet the Service Provider’s business requirements.

In the event there are more than one point of contact or representatives from the Buyer, the Service Provider may add them as contacts in the Service Provider’s portal. The Buyer can login to the portal and change the information stored, or can contact the Service Provider to make necessary changes. By submitting the contact details for another person, the Service Provider assumes that the Buyer has obtained the consent of the person.

If the Buyer would like the Service Provider to delete the personal Information of the Buyer or their clients from the internal records, the Buyer may send an email to hello@solblu.uk which will be responded to within a reasonable time. The Service Provider may be required to retain certain information as per local government requirements and/or for own legitimate business purposes. To protect your privacy, we will require you to prove your identity before granting access to, or agreeing to update, correct or delete your Personal Information and we will only implement requests with respect to Personal Information about you (not anyone else). The service provider maintains backup archives with retention policy designed for each system, based on the business requirement. The Service Provider will have the Buyer’s data in backups for the retention period designed for the system, after it has been removed from the production systems. This data will never be restored back to production systems and the access to the backup is restricted.

Service Provider as Processor :

The Buyer should inform the Service Provider if any additional procedures need to be implemented, for the Buyer to ensure GDPR compliance subject to reasonable requirements ( ref. GDPR Article 28), without which the Service Provider will follow their own policies.

By signing this document, you confirm that you are above 16 years of age and are eligible to sign a legal document.

Note: Solidblueliquid is the service provider and “buyer” is the buyer of emergency services plan of Solidblueliquid.com . Service Provider and Buyer are collectively referred to as the “Parties” and singularly as a “Party.”
INFORMATION

Contact Us
About Us
Partners
AUP
Privacy Policy

GET IN TOUCH

sales@solblu.uk
Solidblueliquid LTD.
Studio 109,
109B Marton Road, Middlesbrough, TS1 2BU