Effective May 31, 2019
This is an Agreement between "You" and 3DWeb. In this Service Agreement ("Agreement"), "You" and "Your" shall refer to Yourself as the customer and Your agents, including each person listed in Your account information as being associated with Your account, while "we", "us" and "our" refer collectively to 3DWeb. This Agreement explains the mutual obligations between You and 3DWeb based upon Your purchase of services through 3DWeb. By purchasing a service through 3DWeb, You agree to establish an account with us and to be bound by the terms of this Agreement for transactions entered into by You or on Your behalf by anyone acting as Your agent. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses Your account with 3DWeb, whether or not the transactions were on Your behalf and whether or not the transactions were with Your permission. You agree that 3DWeb’s acceptance of any registration, application and/or transaction request made by You for services or products provided by 3DWeb will occur in London, United Kingdom.
In these Terms, the following expressions shall have the following meanings:
"Billing Month" commences on the Live Date and will run until the corresponding date in the next Month (for example, where the Live Date is 5th April, the Billing Month will run until 4th May inclusive);
"Charges" the charges charged to the Customer for the provision of the Services calculated either in accordance with 3DWeb’s quotation supplied in writing to the Customer or if no such quotation has been supplied, in accordance with the Price List applicable at the time the Customer places an Order;
"Confidential Information" Trade secrets business and other information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
"Contract" the contract for the provision of Services incorporating these Terms;
"Customer Material" means any Material and any data or other information (including third party Material) provided to 3DWeb by or on behalf of the Customer for use with the Services;
"Customer Website" a website on the World Wide Web belonging to the Customer;
"Customer" the business customer with which the Contract is formed (as named on the Order Form or communicated to 3DWeb over the telephone when placing an Order) in accordance with these Terms;
"Inappropriate Material" Material that under the laws of any jurisdiction where the Material can be accessed is any of the following: unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, profane, libellous, defamatory, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, Trojanhorse or other harmful code;
"Initial Period" the initial duration of each Service, being either (12) months or (1) month, as stated on the Order Form or as otherwise notified to the Customer in writing by 3DWeb;
"Intellectual Property Rights" copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
"Live Date" the date on which 3DWeb commences provision of the Services to the Customer;
"Material" includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, text, graphics, sound, video or any other record of any information in any form;
"Month" a calendar month;
"Order Form" The form (whether electronic or paper-based) on which the Customer selects the Services to which it wishes to subscribe, incorporating these Terms;
"Order" an order for the Services placed by the Customer (using an Order Form or over the telephone or otherwise, in accordance with 3DWeb’s quotation) subject to these Terms;
"Price List" a list of 3DWeb’s prices current at that date for each of the Services as available on 3DWeb’s Website or from 3DWeb by post or fax on request and incorporating these Terms;
"Relevant Legislation" laws relating to General Data Protection Legislation and any laws governing Inappropriate Material;
"Renewal Date" the first or any subsequent anniversary of the Live Date;
"Renewal Period" In relation to Services with an Initial Period of (12) Months, a period of (12) Months commencing on an anniversary of the Live Date;
"Server" any computer server equipment operated by 3DWeb in connection with the provision of the Services;
"Services" the services identified on any quotation, Order Form or otherwise agreed to be provided by 3DWeb to the Customer pursuant to these Terms;
"3DWeb" in England, whose registered office is at: Kemp House, 152 City Road, London, EC1V 2NX;
"3DWeb’s Website" 3DWeb businesses' main website located at https://www.3dweb.co.uk or such other Internet Protocol address as may be adopted by 3DWeb from time to time;
"User Details" the Customer’s login name and password and any other access details for use with the Services;
"WHOIS" any WHOIS service available on the Internet and provided by a Domain name registry for the purpose of checking Domain name availability and information;
"Writing" references to “writing”, “written” and cognate expressions shall include facsimile transmissions and Material transmitted in electronic form.
These terms are subject to UK Law and may be updated infrequently to meet any legal requirements, and when is necessary due to modifications to the services and products we provide. Any alterations to our terms will be published here and indicated by revision of the current version number. Each update will require Your acceptance so that You may use or continue using 3DWeb’s services and products; You may agree to our revised terms by either: Signing up for an account with us; Logging in to your existing account with us; or Visiting the secure link in the email that we will send you upon any revisions to our terms of service.
The following additional terms and conditions contained in this Part of the Agreement may apply if you purchase domain name registration services from 3DWeb. Domain registration service prices are specified on our web site at Registration and Renewal Fees
Unless otherwise specified on our web site, each domain name registration with 3DWeb is for a one-year initial term with the exemption of premium domains which are for a two-year term. However, domain names may be registered for a term of up to ten years, as set forth on our web site. Renewal notices for domain name registrations will be sent out by email as described on our web site at Registration and Renewal
You may renew your domain name license in accordance with these terms and those of the relevant registry operator.
You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.
You release us from any potential claim arising from your failure to renew a domain name license.
We may elect to send notification of pending renewal as a courtesy, however:
We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:
You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.
If you choose to renew your domain name license you shall:
A renewal is only successful if:
The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.
Your domain name license will be renewed in accordance with these terms and those of the relevant registry operator.
You understand that if after purchasing one of our premium domains, You 'the registrant', choose to leave the domains hosted with us on our Tag 3DWEB, then upon expiry of your domains they will be automatically renewed by us every two years to prevent lapse of registration. Basic domain renewal fees will apply at the rates listed on our website here Our Prices
By choosing to leave your domains with 3DWeb as registrar for renewal of your domain name license you shall:
A renewal is only successful if:
The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.
We may elect to send notification of successful renewal as a courtesy, however:
Unless otherwise specified herein or on our web site, the following terms and conditions apply to expiring domain name registrations.
Renewal Grace Period. If you fail to renew your domain name before the designated expiration date, there is a thirty (30) day grace period in which you may renew your domain name. You understand and agree that if you fail to renew your domain name before the end of the grace period, the domain name registration will enter a “Post-Expiration period”.
Post-Expiration Period. During this period, 3DWeb will place the domain on Hold and you will lose access to and use of the domain, and any website operating at the expired domain will have its name servers suspended. In addition, you will not be able to transfer the domain to another registrar or to change the registrant information. Unless otherwise specified in this Agreement, the Post-Expiration period will last for sixty (60) days or until you pay the renewal fee to 3DWeb in the amount specified on our web site. You understand and agree that, if you have not renewed the domain within the (30) day grace period, a £10 (GBP) late-renewal fee will be imposed.
Registration Deletion. If you fail to renew the domain before the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and will be released to the public.You understand and agree that there is no domain renewal period where:
There is a one-time fee for any domain registration requested using our backorder service. Payment in full will be required upon successful registration of the domains, if the domains fail to be registered for whatever reason eg. another registrant aquiries them, then there is no charge applicable. Fees for backorder domains do not include domain renewal, hosting or any other services which are charged separately.
By submitting an offer for a 'Premium domain name' through our website, You, ‘the buyer’, hereby agree to complete payment to us 'in full' within a maximum period of five (5) calendar days, if we accept Your offer. Payment is to be made by one of the following methods outlined here Payment Options. If Your initial offer is not accepted and further negotiations lead to a subsequent counter-offer from You, which is accepted, the same applies. This is upon the understanding that the domains will be transferred to You using the new registrant details you provided when you submitted your offer.
If we accept Your offer you will be sent an email from us to confirm this with full payment and transfer details for the domains. You understand that once Your offer has been accepted it cannot be withdrawn or cancelled under any circumstances, and You must fulfil this agreement by completing payment for the requested domains. Please note that any offer for domains that is submitted to us below our minimum asking price of £299 (GBP) will not be accepted or replied to. All qualifying offers will be responded to within a maximum time frame of up to (30) calendar days; however, our usual response time is between (1) to (3) business days.
Once an offer is submitted, if accepted, the domains will be transferred to You, ‘the buyer', and no other third party offers will be considered. The domains will be removed from their parked offer page and placed on 3DWeb's name servers ready for you to use. More details about the domain transfer process can be found here Transfer Process
Buyer Contact Details. At the time of submitting your offer You agree to provide us with Your genuine full name and address together with a valid mobile number and email address. It is very important that these details are correct as we will use them for transfer of the domains to you. All buyer contact details will be used at our discretion for the sole purpose of the domain transaction and will not be used in any other ways, as we respect your privacy.
Domain Transfer. You acknowledge that all Premium Domain Name sales and registrations are final and non-refundable. Once the domains have been successfully transferred to You by us, Your new registrant details for the domains will be displayed on the Nominet Whois database which hold all registrant data for UK domains. You may see an example of how this looks for our domain '3dweb.co.uk' here Whois Lookup. After transfer of the domains have taken place, if you do not wish your data to be displayed on the Whois, you may opt-out using the privacy settings in your Nominet account. You may also update your registrant details, and transfer the domains to other third parties here Log in to Nominet
Transfer Completion. Upon successful transfer of the domains to You 'the buyer', (ie. You have full control of the domains at Your specified web host or registrar, and Your new registrant details are showing correctly on the Nominet Whois), You agree to provide confirmation by way of a simple email to us that everything is in order.
You understand that if after purchasing one of our premium domains, You 'the registrant', choose to leave the domains hosted with us on our Tag 3DWEB, then upon expiry of your domains they will be automatically renewed by us every two years to prevent lapse of registration. Basic domain renewal fees will apply; all other 3DWeb services including but not limited to: provision of web hosting, web design, SEO, and email accounts, can be requested separately and are also chargeable at the rates listed on our website here Our Prices
Registrar Transfers. Should you wish to move your domain names away from 3DWeb to another Registrar, there is a £10 (GBP) transfer fee for this service. This fee includes up to a maximum of 10 domain names per transfer, after which the fee will reapply to each transfer of up to 10 domains. Note: We do not charge for transfer of 'premium' domains that have been purchased from us within the last thirty (30) days.
You understand that if we transfer your domains (upon your request) to another registrar by releasing them to their IPS Tag, that you will be fully responsible for the import of the domains in to your new registrars account, and also renewal of the domains at the appropriate time to prevent lapse of registration. If requested we can assist you with this process.
Registration Transfers. If you need to transfer your domain to another third-party (what is known as a Nominet ‘Registrant Transfer’), then we charge a standard fee of £12 (GBP) per domain name.
You agree to be bound by 3DWeb’s dispute resolution policy that is incorporated herein by reference, and that is located on our web site at Dispute Resolution. You agree that 3DWeb, in its sole discretion and at no liability to You for any resulting loss or damage, may modify our dispute resolution policy at any time, without notice. Revised dispute resolution policies will be posted on our web site and are effective immediately. You agree that, by maintaining any service through 3DWeb, after modifications to our dispute resolution policy have become effective, You have agreed to these modifications. You agree to periodically review our web site to make Yourself aware of any such revisions or changes. You agree that, if You do not agree to any modification, You may terminate this Agreement without refund or credit to You of any fees paid by You to 3DWeb.
For the adjudication of any disputes brought by a third party against You concerning or arising from Your use of a domain name registered with 3DWeb or Your use of our services, You (but not 3DWeb) agree to submit to subject matter jurisdiction, personal jurisdiction, and venue of the Courts of England and Wales and the courts of Your domicile. You agree that in the event a dispute arises with any third party, You will indemnify, defend, and hold 3DWeb harmless pursuant to the terms and conditions set forth in this Agreement. You agree that, if 3DWeb is notified that a complaint has been filed with a judicial or administrative body regarding Your use of our services, You will not make any changes to Your account or services without our prior approval, and that 3DWeb may take whatever action it deems necessary, in its sole discretion, regarding modification, assignment and/or control of the service or account. You understand and agree that, if 3DWeb is notified of a complaint or dispute concerning or arising from Your use of a domain name registered with 3DWeb or Your use of our services, 3DWeb may submit a Registrar Certificate or relinquish custodianship and/or control over a domain name, service, or account to a judicial or administrative body, as it deems necessary, in its sole discretion. You understand and agree that 3DWeb will comply, if so obligated, with all court orders, domestic or international, directed against You and/or the domain name registration.
You understand that our prices may be subject to infrequent changes due to market conditions, and to align with what other registrars charge. A full list of our fees may be viewed on our website here Domain Fees | Hosting Fees | Web Design Fees
Should we not receive payment for any products and/or services supplied to You, and within the time-frame specified, we reserve the right to charge a £10 (GBP) late payment adminstration fee. If the outstanding balance of an account remains unpaid this charge is applicable for every month that the account remains in debit.
You understand that failure to make payment to us may consequently result in Your debt being passed to our debt collection agency for recovery of the full amount owed plus late payment fees. This action will also incur additional charges billed to you by the collection agency for their involvement, and may have a negative impact on your credit rating.
The following conditions may also apply:
Premium Domain Name Purchases
For 'Premium' domain names that have been assigned to You, You understand that failure to make payment within the time-frame specified or up to a maximum of 30 calendar days will result in either of the following actions we decide upon:
Premium Domain Name Renewals
For Renewal of 'Premium' domain names that have been purchased from us, You understand that failure to make payment within the time-frame specified or up to a maximum of 30 calendar days will result in either of the following actions we decide upon:
We operate a strict no cancellation, and no refund policy. This applies to ‘Premium’ and regular domain name registration purchases, successful domain backorders, and domain renewals (excluding premium domains see below). Prior to placing your order please check the domains are the ones you want. If you make a typing error during your application this will be chargeable at our normal rates.
Premium Domain Renewal Cancellation
You understand that should you wish to cancel your premium domain name renewal contract we require written consent from you to this effect. Your cancellation request must be received by us before (30) calendar days prior to the renewal of your domains; requests received after this time will only be valid for the following domain renewal term. Your letter must be on business headed type (if you are a trading entity), and include your full name and address that we have on file for you. The request must also be signed, dated and then either sent as an electronic document (PDF or Word) by email to us; or sent as a paper document to our registered office address: 3DWeb, Kemp House, 152 City Road, London, EC1V 2NX.
You agree that upon acceptance of your request to cancel your premium domain renewal contract, we may decide upon either of the following actions:
You also agree to release us from any potential claim that may arise due to these actions and the associated loss of your domains.
At 3DWeb we take your privacy seriously, our privacy statement is detailed below. This statement takes into account the possibility that you may sign up and order a premium domain service with us:
Who We Are:
3DWeb (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant General Data Protection Regulation (GDPR) and laws. This notice provides you with the necessary information regarding your rights and our obligations, and explains how, why and when we process your personal data.
3DWeb registered office is at Kemp House, 152 City Road, London, EC1V 2NX and we are a business in the United Kingdom.
Information That We Collect
3DWeb processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.
The personal data that we collect is dependant of the service we provide to you. Below is a list of services where we obtain personal data for the purpose of providing a service to you:
Common to all services:
Domain Name Registration:
We collect information in the following ways - Online using web forms for applying for services or via email for applications of employment. Should we collect your personal information during an enquiry we shall remove your personal data within 12 months of us recording it unless you subsequently become a customer.
How We Use Your Personal Data (Legal Basis for Processing)
3DWeb takes your privacy very seriously and will never disclose, share or sell your data without your consent; unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw this consent at any time using your web control panel provided at time of service activation or by contacting us. The purposes and reasons for processing your personal data are detailed below but may depend on the service :
As necessary to perform our contract with you for the relevant service:
As necessary for our own legitimate interests or those of other persons and organizations:
As necessary to comply with legal obligations:
Based on your consent:
You are free to withdraw your consent at any time, the consequences of which may mean we are unable to provide certain services to you.
Data Subjects Rights (Your Rights)
You have the right to access any personal information that 3DWeb processes about you and to request information about:
If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to update/correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
You also have the right to request erasure of your personal data or to restrict processing (where applicable) in accordance with data protection laws, as well as to object to any direct marketing from us, to exercise your data portability rights and to be informed about any automated decision-making we may use.
If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.
Sharing and Disclosing Your Personal Information
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. 3DWeb uses several third-parties to provide the below services and business functions. However, all processors acting on our behalf only process your data in accordance with instructions from us and comply fully with this privacy notice, the data protection laws and any other appropriate confidentiality and security measures.
Depending on the service we provide you, will depend on whether we disclose your personal data to third-parties. Below is a list of services where we disclose your personal data in the form of your contact information, to third-parties and who those third-parties might be:
Common to all services:
Domain Name Registration:
They can act in the capacity of either Data Processor or Data Controller depending on whether they are a thin or thick registry (Thin being where they do not store the personal data and Thick being where they do).
Please consult the relevant third-party organisation to obtain their privacy notice.
3DWeb takes your privacy seriously and takes every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including but not limited to:
Consequences of Not Providing Your Data
You are not obligated to provide your personal information to 3DWeb, however, as this information is required for us to provide you with our services, we will not be able to offer some/all of our products or services without it.
As noted in the ‘How We Use Your Personal Data’ section of this notice, we occasionally process your personal information under the legitimate interests’ legal basis. Where this is the case, we have carried out a thorough Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own and that such interests are proportionate and appropriate.
We use the legitimate interests’ legal basis for processing:
How Long We Keep Your Data (Data Retention Periods)
3DWeb only ever retains personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations. We are required under UK tax law to keep your basic personal data (name, address, contact details) for a minimum of 6 years after which time it will be destroyed. Where your personal data has been obtained pre-contract we will remove your data from our systems within 12 months unless during this time you have become a customer. We shall retain your personal data even after you no longer are in contract with 3DWeb for a period of 12 months except where a domain name has been registered in which case retention periods are in accordance with Nominet's (www.nominet.uk) policies on retention.
Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.
Your Right To Complain
3DWeb only ever processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with us.
152 City Road
T: +44 (0)208 819 3535 or W: https://www.3dweb.co.uk/complaints.php
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By using 'Any' of 3DWeb’s services you agree to accept our terms and conditions. We reserve the right to refuse an application for a hosting account or to deactivate an existing account should we feel there is probable cause for doing so, such probable cause includes but is not limited to spam, abusive behaviour or unacceptable load on server resources. 3DWeb shall be the sole arbiter of what constitutes probable cause. We will report any illegal activities to the appropriate regulatory, administrative, and/or governmental authorities. If you are unsure if your actions will be a violation of our policies please Contact us.
You agree to provide true, accurate, current, and complete information about you as required by the registration and/or application process ("Account Information"). You agree to maintain and update your Account Information when purchasing services, in order to keep the information accurate, current, and complete. You agree to notify 3DWeb within five (5) business days when there is a change to any of your Account Information. You agree to respond within five (5) business days to any inquiries 3DWeb may make to determine the validity of any information provided by you. You understand that 3DWeb relies on the Account Information to send You important information and notices regarding your account and our services. Failure by you for any reason to provide 3DWeb with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information you provide, shall be considered a material breach of this Agreement.
You agree to release, indemnify, defend, and hold harmless 3DWeb, and any of its contractors, agents, employees, officers, directors, shareholders, members, affiliates, and assigns from and against any losses, liabilities, claims, damages or costs, including reasonable attorneys’ fees and expenses, relating to or arising out of your registration, application, transaction request, resale, or use of services provided by 3DWeb and your account with 3DWeb, whether by you, your agent, or anyone else, whether or not on your behalf, and whether or not with your permission. Should 3DWeb be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party, 3DWeb may seek written assurances from you concerning your promise to indemnify 3DWeb. Your failure to provide such written assurances may be considered a material breach of this Agreement. You agree that such indemnification obligation shall survive the termination or expiration of this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
By registering, applying, and/or requesting a service with 3DWeb, or by using services provided by 3DWeb, You acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and any rules, policies, or documents incorporated by reference.
Please do not use any of 3DWeb’s services if you are not in acceptance of these terms.