Terms, Policies and Service Conditions

How this document applies

This document consolidates the General Terms and Conditions, service-specific terms, Acceptable Use Policy and Privacy Policy that together govern services supplied by Conrad Lanham T/A Studio 950 ("Studio 950").

Where a service-specific provision conflicts with the General Terms and Conditions, the service-specific provision applies to that service. The Acceptable Use Policy and Privacy Policy form part of this consolidated document.

Please note: by signing up for any of our services you agree to be bound by all Studio 950 terms and conditions.

1. General Terms and Conditions

These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Conrad Lanham T/A Studio 950 forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Conrad Lanham T/A Studio 950 Service specific terms & conditions, the Service specific terms & conditions shall prevail.

By signing up for the Services you warrant that you are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.

You acknowledge and accept that your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed at http://www.studio950.co.uk/terms/acceptable-use-policy

By nature of purchasing a product or service from Studio 950, you accept these Terms & Conditions.

Definitions

"Agreement" means any agreement to which these terms & conditions are incorporated.

"Studio 950" means Conrad Lanham T/A Studio 950.

"Package" means a collection of Services.

"950 PAYG" means Studio 950 monthly payment option.

"Prices" means the Prices for the Services set out in order form or as otherwise notified to you.

"Services" means the Services to be provided by Studio 950.

"you/your client/customer" means the person or company who purchases Services from Studio 950.

Duration and Renewal of Services

Hosting services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package you purchase, the minimum contract term on all Packages shall be 12 months

When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.

Cancellations

When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.

For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

Unless specifically stated to the contrary in the details of the Service and/or Package you purchase, or agreed by Studio 950 in writing prior to purchase, Services are not available on a trial basis. It is your responsibility to ensure that the Services you purchase are suitable for your requirements.

You are entitled to cancel the services by contacting Studio 950's no more than 30 days prior to the expiry of your minimum contract term , and no less than one working day prior to the next payment date of that service. Once Studio 950 accept your cancellation request you will be provided with written confirmation of cancellation requests, cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.

Studio 950 reserves the right to cancel and/or suspend your Service at any time without notice if you breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.

Refunds

Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

In the event that Studio 950 cancels your Service for reasons other than your breach of contract, you will be entitled to a pro rata refund based upon the remaining period of your current contract term.

If you contravene your Agreement with Studio 950, a refund will not be issued in the event of a cancellation.

Credit notes can only be used for payment (or partial payment) of your Service, and are non-refundable.

Unused reseller funds on account will only be recoverable when the account is closed

Payment

All Services and Packages must be paid for in accordance with the specific provisions of that Service or Package. In entering an agreement with Studio 950 you agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.

Payment will be due on the basis of the Service and/or Package you have selected. If you have purchased "950 PAYG" Services or Packages then payment will be required monthly in advance. If you have purchased Services on a fixed 12 month, 24 month or 36 month basis then you will be required to pay on the payment plan you selected, paying in advance or by way of monthly instalments in advance throughout the year.

You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless you have cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will become due and payable to Studio 950 in its entirety.

Studio 950 reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in your Studio 950 Account. If you have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.

All payments must be made in UK pounds sterling, inclusive of applicable taxes.

You warrant that you are authorised to make payment using the payment card or facility you disclose to Studio 950. In the event that you are not the named card holder, you acknowledge that you and the party who is the named card holder both accept Studio 950's Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold Studio 950 harmless in the event that the cardholder or issuer declines any transaction for payments to Studio 950, including all of Studio 950 costs in administering your non-payment and obtaining payment of those Prices due.

Studio 950 reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Studio 950 accepts Your cancellation request. You are responsible for any additional costs incurred by Studio 950 in the collection of outstanding debt.

You are required to have a valid email address and contact details registered with Studio 950 at all times, failure to do so will result in automatic suspension of your account. If any of your contact details change you must immediately notify Studio 950 and provide valid details.

Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Studio 950 makes no representations or warranties with respect to those Services.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to you via email shortly after the purchase or automated renewal transaction is completed.

If you fail to pay all Prices due, Studio 950 reserves the right to interrupt, suspend or cancel the Services to you. Such interruption, suspension or cancellation does not relieve you from paying all contractually obligated invoices to Studio 950.

Please refer to Studio 950 Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.

Any unused Credit notes on your Account will be taken in payment of your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on your account.

Chargebacks

If you withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") Studio 950 will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from you in addition to an administration fee of £25 for each inappropriate chargeback raised.

If a chargeback is made, Studio 950 reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve you from paying all contractually obligated invoices to Studio 950.

Appropriate Service use

Studio 950 reserves the right to refuse Service and/or access to its servers and/or Services to anyone.

Studio 950 does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. Studio 950 reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.

Studio 950 shall notify you if it becomes aware of any allegation that you breach the Acceptable Use Policy.

Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Studio 950.

Studio 950 reserves the right to move your data to a different server with no prior notice.

you shall indemnify Studio 950 against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.

In the event that Studio 950 removes data or content from the Services and/or suspends your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, you shall indemnify Studio 950 against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services your site breaches the Acceptable Use Policy.

Scheduled maintenance

To guarantee optimal performance on the servers, it is necessary for Studio 950 to perform routine maintenance. Such maintenance often requires taking Studio 950 Services off-line, typically performed during off-peak hours. Studio 950 will give you advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the Studio 950 website.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your Service contact support@studio950.co.uk

Please note we may require suspension of some of Studio 950 Services for short scheduled periods to carry out maintenance or repair to Studio 950 Services. We will always make every reasonable effort to contact you with details of any scheduled maintenance.

Reselling of Services

All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties you agree that such activity will be undertaken at your own risk. you also accept responsibility for ensuring that all end users abide by these terms of service.

Studio 950 accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.

Studio 950 reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which Studio 950 delivers the Services.

Database Usage

If you exceed the limits on Studio 950 database products (MS SQL and MySQL) then we will automatically charge you for the additional space you use at Studio 950 current Prices. For example, if you have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.

Data

All data created or stored by you within Studio 950's applications and servers are your property. Studio 950 shall allow access to such data by only authorised Studio 950 personnel. Studio 950 makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Studio 950's servers.

Studio 950 maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by you or on your behalf you will not be given access to any data stored as part of these procedures.

In the event of loss of or damage to your data relating to a failure in Studio 950 systems or servers, Studio 950 will make reasonable commercial efforts to assist you in the restoration of your data, however you accept full responsibility for maintaining adequate backup copies of all your data.

You shall indemnify Studio 950 against all damages, losses and expenses arising as a result of any action or claim that the content or data of your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.

Uploads via scripting languages

We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.

Passwords

It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Studio 950 is not responsible for any data losses or security issues due to stolen passwords or any passwords that you have intentionally or accidentally disclosed to any third party. Studio 950 recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).

you accept full responsibility for any purchases or modifications made within your control panel by you or by third parties using your account password.

Your personal details

You warrant that the contact information that you provide to us on establishment of your account is correct, and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.

Please note that whilst your email is primarily used for billing purposes, Studio 950 reserves the right to email you information about its product offerings. You can unsubscribe from marketing communications within your Studio 950 control panel.

Studio 950 will not provide any of your personal information to other companies or individuals without your permission unless required to do so by law. However, Studio 950 may need to provide your name and delivery address to third parties that Studio 950 may use for the purposes of delivering specific Services to you (e.g. customer support). For more information about how Studio 950 will collect and use your personal information please read Studio 950's privacy policy.

Studio 950 Disclaimers and Warranties

Studio 950 will regularly back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Studio 950 cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Studio 950.

Studio 950 makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.

So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.

Liability

Studio 950 shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.

Studio 950 will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by you or for any wasted management time or failure to make anticipated savings or liability you incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

No matter how many claims are made and whatever the basis of such claims, Studio 950's maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by you for the Services in relation to which your claim arises during the 12 month period prior to such claim.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Studio 950, its employees or its sub-contractors.

Studio 950 shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-

interruptions to the flow of data to or from the internet;

changes, updates or repairs to the network or software which it uses as a platform to provide the Services;

the effects of the failure or interruption of Services provided by third parties;

factors outside of Studio 950's reasonable control;

Your actions or omissions (including, without limitation, breach of your obligations set out in the Agreement) or those of any third parties;

problems with your equipment and/or third party equipment;

interruptions to the Services requested by you.

Force Majeure

Studio 950 shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Studio 950 (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.

Non-Waiver

The failure of Studio 950 to require your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Studio 950 of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival

The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice

You agree that any notice or communications required or permitted to be delivered under this Agreement by Studio 950 to you shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided.

Governing Law

Except as otherwise set forth in the Domain Dispute Policy, your rights and obligations and all contemplated by this Agreement shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

Legal Fees

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Assignment

You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of Studio 950 However, in the event that Studio 950 consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Entire Agreement

This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

Amendment in Writing

We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give you prior notice of any changes to the Agreement and you can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.

Further Assurances

The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties

Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations

If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries

This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Studio 950 will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Studio 950 as reflected in the original provision.

2. Website Design and Development Terms

The following terms and conditions apply to all website development / design services provided by Studio 950 to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Studio 950 are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Studio 950 reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of one third of the project quotation total before the work is supplied to the Client for review. A second charge one third is required after the development stage, with the remaining third of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer. Cheques are not accepted. Bank details will be made available on invoices.

3. Client Review

Studio 950 will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Studio 950 otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Studio 950 will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Studio 950 receiving initial payment, unless a delay is specifically requested by the Client and agreed by Studio 950.

In return, the Client agrees to delegate a single individual as a primary contact to aid Studio 950 with progressing the commission in a satisfactory and expedient manner.

During the project, Studio 950 will require the Client to provide website content; text, images, movies and sound files

5. Failure to provide required website content:

Studio 950 is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

6. Payment

Invoices will be provided by Studio 950 upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse Studio 950 for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

Studio 950 makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Safari etc.). Client agrees that Studio 950 cannot guarantee correct functionality with all browser software across different operating systems.

Studio 950 cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Studio 950 reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Studio 950's Web space, Studio 950 will, at its discretion, remove all such material from its web space. Studio 950 is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Payments returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Studio 950 reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Studio 950 in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

All Studio 950 services may be used for lawful purposes only. You agree to indemnify and hold Studio 950 harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Studio 950 the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Studio 950 permission and rights for use of the same and agrees to indemnify and hold harmless Studio 950 from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. An order for website design and/or placement shall be regarded as a guarantee by the Client to Studio 950 that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on USB compatible storage device or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Studio 950 to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14. Design Credit

A link to Studio 950 will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Studio 950's portfolio.

15. Access Requirements

If the Client's website is to be installed on a third-party server, Studio 950 must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Studio 950 cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by English Law.

20. Liability

Studio 950 hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Studio 950 to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

3. Studio 950 PAYG Terms

GENERAL TERMS & CONDITIONS APPLICABLE TO Studio 950 PAYG

1. Definitions

In this Agreement unless otherwise stated:

"the service" shall mean the service(s) identified and all related Materials where applicable;

"Materials" shall mean resources obtained for the delivery of the site (and shall include any themes, images, music or text);

Your “contract period” will be a minimum of two years unless otherwise stated.

Singular words shall include the plural and vice versa.

Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.

2. Payments

We agree to sell and you agree to buy the Studio 950 PAYG package for the Total Cost/Cash Price and on the terms set out on our website and in the agreement we send you.

Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full and cleared.

All content remains the property of Studio 950 until the final payment has been received by us and cleared.

6. Warranties and Limitation of Liability

We warrant that the site will be of satisfactory quality but do not warrant that the content will be error free.

We warrant that we will perform any services provided hereunder with reasonable skill and care.

We intend to rely on the written terms set out in this agreement. If you require any changes, please ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are expected to do.

Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for: (a) losses that were not foreseeable to both parties when this Agreement was made; (b) losses that were not caused by any breach on our part; or (c) business losses and/or losses to non-consumers.

Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the service as quoted overleaf.

Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.

7. Other Terms

No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.

If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.

All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this Agreement.

You will notify us immediately in writing of any change in your address and other contact details. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.

This Agreement shall be governed and construed in accordance with the laws of England and you hereby agree to submit to the non-exclusive jurisdiction of the English Courts.

9. Instalment Payments

You will pay the initial payment or set-up fee shown on agreement and the outstanding balance of the total cash price by the instalments and on the dates specified.

It is a fundamental term of the agreement that all payments should be made promptly and on time, you will be deemed to be in default if your payments are more than 30 days overdue.

If you fail to comply with any terms of this Agreement, we shall be entitled to recover from you the reasonable costs and losses incurred by us as a result of locating you, communicating with you and collecting any unpaid sums. Such sums are payable on demand. In the event of legal action for breach of payment, you will be responsible for all costs allowable by the court if an award is made in our favour.

11. Termination

If: (a) you fail to pay any amount due under this Agreement; (b) you breach any of the other terms and conditions, express or implied, of the Agreement; or (c) any information provided by you in the making of this Agreement proves to be incomplete or inaccurate, we shall be entitled, after the expiry of a Default Notice served on you, to terminate this Agreement.

If this Agreement is terminated you will pay us the unpaid balance of the Balance Payable, less any applicable rebate, plus all expenses, charges and costs in accordance with Clause 10.

Data Protection (see our Privacy Policy for details)

IMPORTANT: USE OF YOUR INFORMATION

This privacy statement applies to any personal data you may give Studio 950. We collect any data you may give us when purchasing our services. We maintain data on your transactions with us as well as your use of our services. We would like to use your personal data to provide you with further information about our products and services, please indicate if you do not want to be contacted by mail, email or telephone.

Access to your Personal Information

The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details on this agreement.

PLEASE ALWAYS REFER TO OUR WEBSITE FOR THE LATEST PRIVACY STATEMENT AND TERMS AND CONDITIONS.

4. Acceptable Use Policy

This policy is subject to change, so please check regularly for updates. This policy is in addition to Studio 950 Terms & Conditions.

Use of Services

Studio 950 reserves the right to suspend or cancel a customer's access to any or all Services provided by Studio 950, where Studio 950 decides that the account has been inappropriately used. Studio 950 reserves the right to refuse Services and/or access to its servers to anyone.

Studio 950 offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines (see section 3)

Studio 950 provides unlimited, burstable bandwidth and Burstable RAM with some of the services and for these resources we require that you do not continuously use an unreasonable excess of such resources. Use of them in a temporary, burstable fashion is acceptable.

Studio 950 offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, Studio 950 reserve the right to restrict the number of mailboxes included in the package price.

Studio 950 reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.

Studio 950 will suspend access to, or cancel, an account which:

Contains invalid or fraudulent details.

Initiates a payment card chargeback.

You agree;

not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package or dedicated server.

Acceptable use guidelines

You may not use the Services:

in any way that breaches any applicable regulation , UK or International law.

in any way that is fraudulent;

to host any material which is in breach of our content guidelines (see section 3);

to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)

to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Studio 950 to prove that you do not.

to participate in any file-sharing/peer-to-peer activities;

as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.

to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed

to use an excessive amount of server resources. These include bandwidth, processor utilization and / or disk space.

to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads offered by you under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. Studio 950 reserves the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of Studio 950.

to redirect users from a non-.XXX website to a .XXX website

Content guidelines

These content guidelines apply to any and all services provided by Studio 950 to you.

Material published to or transmitted through our servers must:

be accurate (where stating facts);

comply with applicable law in accordance with section 2.1.1 of this policy.

Material must not:

be defamatory of any person;

be obscene, offensive, or inflammatory;

contain any adult material. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of Studio 950.

infringe any copyright, or trade mark.;

be likely to deceive any person;

promote or assist any illegal activity;

be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

be used to misrepresent your identity or affiliation with any person or organization;

You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.

Enforcement

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Studio 950 Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.

Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use Studio 950 Services, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use Studio 950 Services;

immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;

issue of a warning to you;

issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

further legal action against you; or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

General

Studio 950 have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.

Contact Information

We are happy to answer any questions you may have regarding your Studio 950 Services. Please note that any discussions with Studio 950 are treated in strictest confidence, so we may need to ask you security questions to confirm that we are speaking to the right person.

Privacy policy

Your right to privacy is very important. Studio 950 recognise that when you choose to provide Studio 950 with information about yourself, you trust Studio 950 to act in a responsible manner. We believe this information should only be used to help Studio 950 provide you with a better Service. That's why we have put a policy in place to protect your personal information which you can read by clicking on the link below.
privacy policy

5. Privacy Policy

Your right to privacy is very important. Studio 950 (referred to below as "we" or "us") recognise that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with a better service. That's why we have put a policy in place to protect your personal information.

By using this website, you give your consent that all personal data you submit may be processed in the manner and for the purposes described below.

For the purposes of the Data Protection Act 1998 ("the Act"), the data controller is Conrad Lanham T/A Studio 950 with business address at 1 South Street, Southampton, Hampshire SO45 6EA.

1) What personal information do we collect?

We may collect and process the following data about You:

Details of transactions You carry out through our website and the fulfilment of your order; When making a purchase with Studio 950, we will collect your contact information, which includes name, address, email address and phone number, as well as payment information;

When you become a Studio 950 customer you automatically subscribe to electronic newsletter and special offer promotions. You can adjust your email preferences and/or unsubscribe from certain communications via your Studio 950 Control Panel;

If you contact us, we may keep a record of that correspondence;

Other information to help us provide you with improved services; and

We may also collect information from the cardholder of another member of your household.

2) How we use your information

We use information about you in the following ways:

To help us identify you and any accounts you hold with us;

To enable us to review, develop and improve the website and services;

To provide customer care;

To carry out marketing and statistical analysis;

To notify you about changes to our website and services; and

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contact for such purposes.

3) Information we receive from other sources

Studio 950 work alongside third parties (including business parties, service providers and fraud protection services) and we may receive information from them about you. These third parties may collect information about you including, but not limited to, your IP address, device-specific information, server logs, device event information, location information, unique application numbers, and local storage. These sources provide their features, which are incorporated on Our website and may have their own privacy statements.

4) With whom is the information shared?

We may disclose your personal information to third parties:

Any cardholder who has purchased services on your behalf;

Any employees, agents or service providers of Studio 950 to deal with any accounts or to deliver specific services to you;

Any associated company who are our business partners and/or with whom we work;

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, subject to their entering into appropriate confidentiality undertakings;

If Studio 950 or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of Studio 950, our customers, or others. This includes but is not limited to exchanging information with other companies and organisations for the purposes of fraud protection, credit risk reduction and dispute policies.

5) Use of cookies and website analytics

We use essential storage where it is required for security and website functionality. The contact form uses a short-lived session cookie to protect form submissions and prevent misuse.

With your permission, we also use Google Analytics 4, supplied by Google, to understand how visitors find and use our website. This helps us assess which pages and resources are useful and whether visitors use our contact links and enquiry form.

Google Analytics is disabled unless you select “Accept analytics” in the privacy controls. If accepted, Google Analytics may set first-party cookies to distinguish visits and sessions. We have disabled Google Signals and advertising-personalisation features, and we do not use this information for targeted advertising.

The information collected may include the pages visited, approximate location, device and browser type, referral source, campaign information and interactions such as contact-button, email and telephone clicks. Successful contact-form submissions are recorded as an event, but the details entered into the form are not sent to Google Analytics.

You can refuse analytics by selecting “No thanks”. You can review or change your choice at any time using the “Privacy settings” button displayed on the website. Blocking analytics does not affect access to the site or the contact form.

For more information about how Google processes information, please see Google’s Privacy Policy.

6) Where we store your Personal Data

All information you provide to us is stored on our secured servers within Europe, including the United Kingdom. Any payment transactions will be encrypted. Credit card numbers are used for processing payment only and are not retained for marketing purposes.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping the password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7) Links

Studio 950 may provide links to third party sites. Since we do not control those websites, we encourage you to review the privacy policies of these third party sites. Any information You supply on such sites will not be within our control.

8) How can you update the personal information you have provided to us?

You must maintain the accuracy of your information and ensure all your details, including but not limited to, name, address, title, phone number, e-mail address and payment details are kept up to date at all times. You must do this by updating your personal details within your Studio 950 Control Panel.

The personal information we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of collection. We reserve the right to change this Privacy Policy from time to time and will provide notice of these changes on the Privacy Policy on this page. You should make sure you periodically review the Privacy Policy to make sure it meets your needs.

9) Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by e-mailing us at info@studio950.co.uk

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

10) Contact Us

Please e-mail any questions or comments you have about privacy to us at info@studio950.co.uk

6. Email Service Terms

The following terms and conditions apply to Studio 950 email Services.

Use of Microsoft Outlook Software

Studio 950 Exchange Mail accounts include licensing for Outlook Client Software. The license fee is included in the monthly Studio 950 Service fee. Mailbox owners are permitted to install the software once on one PC for each Microsoft Exchange mailbox. Sharing of a single mailbox is not permitted unless additional licenses are purchased on a monthly basis for each user. If You cancel Your Studio 950 Exchange Mail account You are responsible for uninstalling any Outlook software that is licensed to You as part of the Studio 950 Service.

Size of mailbox

Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though Your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. Studio 950 cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your control panel.

Service availability

Studio 950 monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.

Security

Studio 950 makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on Studio 950 systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to Studio 950. We cannot guarantee to restore data and we accept no liability for the loss of any such data.

Server storage capacity

Each Exchange account is allotted an aggregated storage capacity initially equal to the total storage capacity of each mailbox. This storage capacity is shared among all mailboxes and public folders within Your account; the quota cannot be exceeded. For an additional fee, You may increase Your account storage capacity at any time from within the control panel.

Mailbox and Public Folder storage capacity

In addition to the aggregate account storage capacity, each mailbox and public folder also has its own storage limit. When the storage capacity is reached on an individual mailbox or folder, the Exchange servers shall stop sending or receiving messages. Studio 950 is not responsible for Service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity. To prevent such occurrences, You can manage mailbox and public folder storage limits at any time from within the control panel.

Anti-virus checking

Studio 950 installs anti-virus software on its email servers for all Advanced and Exchange mailboxes. This software is configured to check messages coming into the email server. If a virus is detected, the message is deleted. No notification is sent to either recipient or sender of the message. Messages sent between mailboxes on the Studio 950 platform are not checked.

Anti-SPAM message filtering

Studio 950 runs anti-SPAM software on its email servers for all Advanced and Exchange mailboxes. You can determine the levels of spam protection from within Your control panel.

Studio 950 also runs anti-SPAM software on outbound email from all mailboxes, and reserves the right to mark or delete any messages determined to be SPAM.

Use of email account

If Studio 950 identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all Services to the domain as appropriate.

For details of what is not allowed by Studio 950 and Studio 950 spam/ illicit material policies please see Studio 950 Acceptable Use Policy.

Email retrieval and timescale

Studio 950's policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP "Trash" folders will be deleted automatically after 7 days. Such mail is checked daily y; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 1MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Studio 950 does not accept any responsibility whatsoever for any deleted mail.

7. Cloud, Virtual and Dedicated Server Terms

Studio 950 Cloud, Virtual and Dedicated Server Service Level Agreement

At Studio 950 we aim to deliver the highest possible levels of up-time and agree that the Hardware on which your Cloud server or Virtual machine is based or Server Hardware and service critical infrastructure, including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).

In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration of service.

SLA claims may be made up to a maximum of one month's service fee in any calendar month.

Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.

Dedicated Server Contract Term

All dedicated servers are subject to a 12 month minimum contract term.

Cloud Services

Backups

While Studio 950 take daily Backups of the customer data on our servers, Studio 950 cannot guarantee the integrity of the customer data once the restore process has been completed. The backing up of data is subject to clauses 12.2 and 12.3 of Studio 950 General Terms and Conditions.

8. Domain Name Terms

The following terms and conditions apply to the domain registration Service:

You acknowledge and recognize that the domain name system and the practice of registering and administering domain names is continuously evolving and that Studio 950 may modify this Agreement as necessary from time to time to comply with any agreements by which Studio 950 is or will be bound, and to adjust to changing business circumstances. We will notify of these changes by e-mail to refer You to the amended provisions.

Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments, including acceptance of the term and conditions required of Studio 950 by its domain name services provider, Fasthosts, to which you are bound. By registering domain names, you are entering a contract with Tucows Co., a copy of which is at the end of this document, Exhibit A. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

Domain Name Registration

Studio 950 has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains.

ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. You can find information about ICANN's Registrants Rights and Responsibilities document here: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en...

Upon Studio 950's receipt of domain name registration information from You, Studio 950 shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Tucows, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.

Selection of a domain name

You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.

By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.

Upon submitting a registration through your Studio 950 control panel, Studio 950 will submit your application to the relevant registry for processing. However, It is Your responsibility to check using WHOIS that Your domain registration has been successful twenty-four hours after payment has been made to Studio 950.

Name restrictions

Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

Fees

In consideration for Studio 950 providing domain name registration Services to You, You agree to pay Studio 950, prior to the approval of the desired domain name registration, the amounts set forth in the Studio 950 Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

Your application will not be registered until Studio 950 receives actual payment of the registration fee. If Studio 950 does register a domain name prior to payment of the registration fee, Studio 950 reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

In the event of a charge back by a credit card company or other payment provider authorized by Studio 950, the domain name registration shall be transferred to Studio 950 as the paying entity for the registration. Studio 950 may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.

Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.

Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.

Domain credits can be used for new registrations via the control panel, and will automatically be used for renewals of existing appropriate domain names. Domain credits expire 2 years after purchase and must therefore be used within 720 days of their date of purchase; unused domain credits will be deleted from your account 720 days after their initial date of purchase.

Free domain name registration

Please note that if You opt to take advantage of Studio 950 free domain name registration You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

Term

This Agreement shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.

To ensure Your domains are not lost we operate a positive renewal system on all Studio 950 domains - Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times - failure can lead to suspension.

Studio 950's domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

For .uk domains You can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility.

Ownership of data

You agree and acknowledge that Studio 950 owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which Studio 950 acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

Studio 950 does not have any ownership interest in Your specific personal registration information outside of Your right in Studio 950 domain name database.

Transfer of ownership

The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of Your domain name to another person (the Transferee") You shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Studio 950 in Studio 950 sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by Studio 950 in Studio 950 sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

For further details and to action any transfer of ownership please login to Your Studio 950 control panel.

Domain name dispute policy

You agree to be bound by the Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Domain Name Dispute Policy can be found here.

The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.

Domain name registration information and its use

Information You are required to Submit

As part of the registration process, You are required to submit to Studio 950 and keep updated the following information in connection with Your application for domain name registration: (a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

You shall provide and maintain updated information at all times with Studio 950. Studio 950 at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.

Studio 950 may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which Studio 950 makes available to domain name registrants.

Additional Information Maintained about Your Registration

In Addition to the information You provide, we maintain additional information relating to Your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to Studio 950 and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.

Obligations Relating to Data Provided by You

If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

Disclosure and Use of Registration Information

You agree to authorize Studio 950 to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Studio 950 may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through Studio 950's WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.

In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Studio 950 may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.

You may access Your domain name registration information in Studio 950's possession to review, modify or update such information, by accessing Studio 950 domain manager Service, or similar Service, available at Studio 950 website at www.Studio 950.co.uk.

We will not process any data about any person that we obtain from You in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from You from Studio 950 loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

Agents and licences

You agree that in the event You register a domain name for another entity, You represent that You have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if You license the use of Your registered domain name to a third party, You remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

In any circumstance where You are registering a domain for a third party, You agree that You must (in advance): (a) Make Your customers aware of the Prices associated with domain name registration, renewal and maintenance.
(b) Give details of the domain name related Services You provide, which are relevant to this customer, information on how to invoke the Service, any Prices payable and how long You take to carry out the Service.
(c) Make Your customers aware of changes to Your Prices.
(d) Detail the method, availability and cost of customer Service provided.
(e) Act quickly after getting a request from Your registrant to take some action for them; and
(f) Update their details soon after You know that the current ones are out of date or wrong.

Registrant Data

You must not knowingly provide poor quality Registrant data. If You find out that a Registrant has provided poor quality data You should attempt to correct the data.

Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless You can show that all Your Registrants are consumers.

If You receive a request to register a domain name for a customer You must register the domain name in Your customer's name. You may only register the domain name in Your or Your organisation's name with the explicit prior written consent of Your customer.

You agree that if You register a domain on behalf of a third party, Studio 950 can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.

Limitation of liability

You agree that Studio 950 shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Studio 950 has been advised of the possibility of such damages, and in particular Studio 950 will not be liable for the following: (a) suspension or loss of Your domain registration;
(b) use of Your domain name registration;
(c) interruption of Your business;
(d) access delays or interruptions to any web sites accessed by Your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Studio 950;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.

Studio 950 shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.

Studio 950's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by You for registration of the domain name; or
(b) £50.00 (UK Pounds).

Indemnification of Studio 950

You agree to defend, indemnify and hold harmless Studio 950 and the registry administrator, including Studio 950 and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

You also agree that in the event a domain name dispute arises with any third party, You shall indemnify and hold Studio 950 harmless pursuant to the terms and conditions contained in the Dispute Policy.

Representations and warranties

You represent and warrant that:
(a) all information provided in connection with Your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration Services provided to You by Studio 950 are provided on an "as is" basis. Studio 950 makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. Studio 950 makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.

Breach and revocation

Studio 950 reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:
(a) You materially breach this Agreement;
(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) You use Your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
(e) You use Your domain name in connection with material that is slanderous to UKreg, Studio 950 or other associated companies.

You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Studio 950) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Studio 950, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name

You also agree that Studio 950 shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Studio 950 receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Studio 950's inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;
shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.

No Guarantee

You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

Specific TLD Registration Agreements

Terms and conditions for .UK domain names

Terms and conditions of .uk purchase

Please note that customers who own the qualifying domain have the .uk equivalent automatically reserved for them until 10th June 2019, as long as that domain remains registered to them.

For further information on the .uk rights to registration, please visit www.dotuklaunch.uk/im-existing-customer

If at any time you decide not to renew your existing qualifying domain, the reserved .uk equivalent will automatically become available.

Terms and conditions for all gTLD and nTLD domain names

.xxx domain names general availability

9. Domain Release Terms

Conrad Lanham T/A Studio 950 are a UK Registrar, an accredited member of the .UK Registry Nominet UK and a reseller on behalf of OpenSRS/Tucows. Studio 950 therefore has an obligation as part of our contractual agreements to assist Registrants should they contact us directly.

If you are the Domain Administrator:

If we are contacted by the Registrant of a domain name which you are administering within your Studio 950 account, in the first instance we will ask the Registrant to contact you directly as the account holder currently managing their domain. Should the Registrant be unable to contact you, we have implemented a procedure to assist Registrants, namely the ‘Domain Release’ process.

This involves Studio 950 assisting the Registrant in regaining control of their domain registration. We will:

Attempt to contact you as the account holder via the email address held against your Studio 950 account to notify you of our intent to release the domain registration to the Registrant. Contact attempts will start on the day we receive the request and will continue across a 48 hour period (Mon-Fri excluding Public Holidays);

If after 48 hours you have not responded to us, we will proceed to release the domain to the Registrant. Before doing so, we will verify the requestor’s identity and entitlement to the domain by requesting proof of ownership in the form of relevant documentation;

Once verification is complete, the domain registration will be removed from the account in which it is held and transferred to the Registrant;

Should your account be closed or pending closure due to outstanding debt and we are contacted by Registrants of domains held within your account, we will assist the Registrants to gain control of their registrations. No contact with you will be made by Studio 950 in this instance.

Studio 950 will not release website or email data to the Registrant; this process only applies to the domain name registration.

If Studio 950 receive a Domain Release request which involves a dispute over payment for the registration or renewal of the domain, we will allow you to recover any outstanding amount due for the domain name only, prior to the domain being released to the Registrant.

Important: No other outstanding fees e.g. Consultation, Web Design, Hosting fee etc. can be used to withhold a registration from being released to the Registrant if requested.

If you are requesting the release of a domain you must:

Ensure that all efforts are made to resolve any dispute with your supplier in relation to the domain registration prior to making your request. Note: Studio 950 is not a legal adjudicator in such disputes. However, we may review the circumstances of all domain release requests on a case-by-case basis and advise accordingly if we are able to assist;

Note that for domain registration related Trademark disputes, Studio 950 cannot intervene. Please see our ‘Domain Dispute Terms’ https://www.Studio 950.co.uk/terms/domain-dispute

Confirm that you do not owe any payment for the domain registration or renewal to your supplier. If such fees are owed, you must resolve this with your supplier directly;

Be able to provide evidence to prove ownership of the domain. If you do not have evidence we will be unable to release the domain to you;

Be aware that Studio 950 are unable to offer access to any hosting services, including website or email hosting packages associated with the domain for which you have requested release;

Open a Studio 950 account to enable us to release the domain to you directly;

Accept the £20 + VAT domain release fee which is charged only upon successful release of the domain.

10. Domain Dispute Policy

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 Studio 950 (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/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

Your Representations

By applying to register a domain name, or by asking Studio 950 to maintain or renew a domain name registration, You hereby represent and warrant to Studio 950 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.

Cancellations, Transfers, and Changes

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

subject to the provisions of Paragraph 8, Studio 950 receipt of written or appropriate electronic instructions from You or Your authorized agent to take such action;

Studio 950 receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

Studio 950 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.

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 http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").

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.

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 online 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.

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 non-commercial 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.

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).

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").

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.

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.

Studio 950 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.

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.

Notification and Publication. The Provider shall notify Studio 950 of any decision made by an Administrative Panel with respect to a domain name You have registered with Studio 950. 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.

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 cancelled or transferred, we will wait ten (10) business days (as observed in the location of Studio 950 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 Studio 950 principal office or of Your address as shown in Studio 950 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 Studio 950 of a resolution between the parties; (ii) evidence satisfactory to Studio 950 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.

All Other Disputes and Litigation

All other disputes between You and any party other than Studio 950 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.

Studio 950 Involvement in Disputes

We will not participate in any way in any dispute between You and any party other than Studio 950 regarding the registration and use of Your domain name. You shall not name Studio 950 as a party or otherwise include Studio 950 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 defences deemed appropriate, and to take any other action necessary to defend ourselves.

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.

Transfers During a Dispute

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 Studio 950 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.

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 Studio 950 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 Studio 950 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 Studio 950 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.

Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post Studio 950 revised Policy here 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 Studio 950 change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with Studio 950, provided that You will not be entitled to a refund of any fees You paid to Studio 950. The revised Policy will apply to You until You cancel Your domain name registration.

Dispute Policy for domains ending in .uk and .eu

Disputes involving UK domain names are handled by Nominet
http://www.nominet.org.uk/
Disputes involving .eu domains are handled by EURID
http://www.eurid.eu/.

Contacting Studio 950

If You need to contact Studio 950 regarding a domain name dispute please visit Studio 950 support site at https://www.studio950.co.uk/support.

11. Private Domain Name Registration Terms

The Private Domain Registration Services offered by Studio 950 are subject to the terms and conditions of Studio 950 Private Registration Service, which are incorporated herein by reference.

The WHOIS will list the domain as registered to

Conrad Lanham T/A Studio 950
Hythe
Southampton
United Kingdom
SO45 6EA

By ordering Private Domain Name Registration Services from Conrad Lanham T/A Studio 950 ("Studio 950"), you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for Private Domain Name Registration (the "Agreement") incorporate and are supplemental to Studio 950 General Terms and Conditions of Service, by which you are also bound, to the extent they are not modified by this Agreement.

SUBJECT OF THE AGREEMENT

The Agreement governs the provision of Private Domain Name Registration Services (the “Services”) to the Customer by Studio 950. The Services comprise the registration and renewal of domain names using contact information provided by Studio 950, as described below. Such information will appear in the public WHOIS database on your behalf.

SERVICES PROVIDED

During the registration process, you will be able to subscribe to the WHOIS Privacy Service. Studio 950 will not own any Private Domain Name registered on your behalf under this Section. Any costs incurred by Studio 950 to obtain and/or maintain the Private Domain Name on your behalf shall be charged to you.

You authorise and direct Studio 950 to display alternative contact information in the public WHOIS database, including names, postal address, phone number, and email address, as more particularly outlined above.

You authorise and direct Studio 950 to process communications directed to you at the contact information displayed in the public WHOIS database as follows:

Studio 950 corporate address will be the postal address displayed in the public WHOIS database for the Private Domain Name. You hereby authorise Studio 950 to receive, sort, open, forward, and destroy any and all mail sent to Studio 950 on your behalf in its sole discretion. First class mail, mail received via certified mail or courier or similar services will be opened and all such mail that can be scanned will be scanned and sent to you via the email address associated with the Studio 950 account for the Private Domain Name. You acknowledge that you will have five (5) calendar days from the date such mail is sent to you via email to request in writing that a copy of such scanned mail be forwarded to you via postal mail. You acknowledge that unless you direct us otherwise in writing within such five (5) calendar day period, unless they are legal documents, all such mail will be destroyed five (5) calendar days after a scanned copy is sent to you via email. All mail that is unable to be scanned will be forwarded to you at your expense at the postal address associated with the account for the applicable domain name.

Studio 950 reserves the right to charge you for, and you are responsible for paying, all fees and costs associated with Studio 950 forwarding postal mail. Studio 950 further reserves the right to charge an administrative charge of £5.00 per item forwarded. You authorise Studio 950 to apply any such charges to your credit card pursuant to the Studio 950 Terms and Conditions.

You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database which shall not forwarded to you by Studio 950. You acknowledge and agree that you may not receive all communications sent to you at the contact information listed in the public WHOIS database. You further acknowledge and agree that Studio 950 disclaims any and all loss or liability that may result from your use of the Services and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.

Warranties and Indemnification

You warrant that the contact information you have provided to Studio 950 is and will remain accurate and complete. You agree that you will inform Studio 950 within fifteen (15) calendar days of the change of your name, mailing address, email address or telephone. These changes must be made via your control panel.

You warrant to Studio 950 that any Domain Name you may seek to register through Studio 950 does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable trademark registries, to assure that this is the case.

You agree to indemnify and hold harmless Studio 950, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of the Services or the Private Domain Name.

You acknowledge and agree that Studio 950 has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact information provided by you to Studio 950 in connection with the account for the applicable domain name, (2) populate the public WHOIS database with your name, primary postal address as provided by you to Studio 950, or (3) terminate your subscription to the Services:

if, in Studio 950 sole discretion, you violate the terms of the Studio 950 Terms and Conditions;

if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;

to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP) and to comply with Nominet’s UK Domain Name Dispute Resolution Service;

to comply with any applicable laws, government rules or requirements, court orders, requests of law enforcement or government agencies; or

if any third party threatens legal action against Studio 950 that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or is in breach of a third party's legal rights.

ALL STUDIO 950 SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Dispute Resolution

This Agreement shall be interpreted under the laws of England and Wales.

From time to time, Studio 950 may without advance notice, amend this Agreement and will do so by posting the new Agreement on the Studio 950 website. Each and every amendment will be effective immediately and applies to all pre-existing and future accounts. It is your responsibility to periodically check the Studio 950 website for updates of this Agreement.