Terms of Service
**Please note that our Terms of Service must be read in conjunction with our Acceptable Use Policy & Domain Registrant Agreement. Customers ordering any services via our website confirm and acknowledge that they have read and accept all details contained therein.**
You agree that the Courts of England and Wales shall have exclusive jurisdiction in respect of any
dispute arising from the website or any information contained in it. The copyright in the material
contained in the ACE Studio Designs website belongs to ACE Studio Designs. All rights are reserved
by ACE Studio Designs. Except solely for your own personal and non commercial use in accordance
with the law no part of this website may be copied, performed in public, published, broadcast or
adapted without prior written permission of ACE Studio Designs. To the extent permitted by law,
ACE Studio Designs shall not be liable to any person for any loss or damage whatsoever which may
arise from the use of or any dealings with any of the information contained in this website. While
ACE Studio Designs has taken every effort to ensure that the information contained within the
website is correct at the time of going live, ACE Studio Designs cannot be held responsible for errors
and omissions or any information which may be of incomplete, inaccurate or may become out of date.
Whilst ACE Studio Designs try to ensure all prices quoted are correct, it cannot be held responsible
for any errors or omisisons.
a) ACE Studio Designs will respect your personal information and undertake to comply with all UK Data Protection legislation that is currently in force.
b) You agree that all personal information (your registration details) provided by you either via this web site or in writing may be used by ACE Studio Designs in accordance with the purposes for which your permission has been obtained on registration.
c) Other than as required by law, or as permitted under the user conditions, ACE Studio Designs will not disclose your registration details to any third party without your prior permission.
a) We make no representation that the domain name you wish to register is capable of being regsitered by or for you. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk; (this clause is present just in case a customer informs us they wish to register a name and someone else registers it a short period beforehand, it does not mean that ACE Studio Designs will not attempt to register all enquiries as quickly as possible);
b) The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable not withstanding refusal by the naming authority to register your desired name;
c) We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute;
d) We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name;
e) We shall not release any domain name to another provider unless full payment for that domain name and any other domain registered by the same client has been received by us. You shall not sell any domain for which payment has not been received by ACE Studio Designs
f) Should you wish to take advantage of our free domain name offer (which will be on offer at various times and on more than one occassion) you will be required to keep the account for a minimum of 6 months. If you decide to cancel the account within the first 6 months, the domain will remain with ACE Studio Designs. You will have the option to transfer this domain for a one-off payment of £30.00 and transfer will be completed upon receipt of all monies owed.
g) An administration charge of £10.00 will be payable to the company for any domain name that you wish to transfer away from the company. Release will be made upon completion of payment. (This excludes domains ending .uk)
Domain Name Dispute Policy.
There are two domain name dispute policies.
For domains ending in .com, .net or .org please Click here
For domains ending in .uk please Click here
1.0 General and Definitions.
1.1 "Agreement" means any agreement made subject to these conditions which shall incorporate these conditions
1.2 "Company" means ACE Studio Designs, 52 Templedene Avenue, Staines, Middlesex, TW18 1LW, England
1.3 "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its customers.
1.4 "Internet Address" means any such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users or computers to which the Company is from time to time connecting or otherwise forwarding data to and from the customer.
1.5 "Password" means the alpha numeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service.
1.6 "Customer" means any person or organisation with whom the company enters into an Agreement subject to these conditions.
1.7 "Service" means the services described on the current Company website together with such Value Added Services to be provided by the Company to the Customer but in any event the provision of data network services using TCP/IP.
1.8 "Service Commencement Date" means the date identified as the delivery date on the Company invoice to the Customer.
1.9 "Value Added Service" means the provision of a service other than the simple connectivity that may be detailed on the current Company website.
1.10 "User Name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer.
1.11 "TCP/IP" is the abbreviation for Transmission Control Protocol/Internet Protocol an agreed international communications standard.
1.12 "Dial-Up Usage" means the use of the Service over a dial-up telephone line.
1.13 "Network Operator" means the legal entity or entities responsible for operation of a communications network
1.14 "The Company's Network" means the network owned, operated or used by The Company for the purpose of connecting The Customer to The Internet by means of Fixed or Dial-Up connections.
2.0 Acceptance of Application.
2.1 The Company reserves the right to refuse any application for subscription or service.
3.0 The Service.
3.1 Subject to thse conditions the Company will:
3.2 Connect the Customer to the Company's Internet points and service
3.3 Domain registrations can take up to 5 working days from point of payment and receipt of full details.
3.4 Website hosting can take up to 14 working days from point of payment, until they are fully operational. Variations to this will be advised to the Customer in writing.
3.5 Provision of Connectivity to the Customer shall be made as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such date.
4.0 Right to Change Username, Internet Address and Password.
4.1 The Company shall have the right from time to time to Change the Customers User Name, Internal Address and or Password. As allocated by the Company for the purpose of essential network maintenance, enhancement, modernisation or other work deemed necessary to the operation of the internet.
5.0 Payment Terms.
5.1 Monthly rental charges for the Service, shall be paid by the Customer to the Company by means of Standing Order paid monthly in advance or by direct payment via our website. Unless any other payment method has been agreed in writing between the Company and the Customer.
5.2 The Company reserves the right to vary from time to time all charges with one months notice to the Customer except the Internet access supply rental which will only be varied at the end of the minimum period as defined on the order form.
5.3 Any upgrade Usage Charges detailed in any published tariff and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance covering the period of the next payment date of the original data rate supply date and thereafter simultaneously with the original data rate supply payment.
5.4 Itemised details of excess usage and any other relevant charges may be available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service.
5.5 All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. All usage charges shall be payable in full respect of the month in which the notice to terminate the Agreement expires.
5.6 Any invoice which falls overdue by 7 days will incur a 5% late fee surcharge, which will automatically be added to the invoice.
5.7 All invoices issued for renewable services will usually be issued 30 days prior to due date. For any service that you wish to terminate we must be advised prior to this 30 day notice in order for the service to be stopped. If an invoice is issued and then subsequently the service is terminated at the clients request, the invoice will be deemed payable.
5.8 Interest payable on demand whether before or after judgement shall accrue at a rate of 5% above Bank of England rate.
5.9 If your account is suspended for non-payment by the Company, there will be a fee of £35.00 to re-instate it in line with clause 9.6
6.1 The Customer hereby agrees to:
6.2 Refrain from transferring illegal, immoral or defamatory material to or from other users of the service or the PDN and any other privately owned and operated services to which the Company may from time to time provide access.
6.3 Refrain from sending illegal, immoral, defamatory or menacing, offensive, abusive or annoying messages whilst using the service
6.4 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccesible to third parties.
6.5 Keep the Company informed of any change to the Customers address as set out overleaf and other such information as may effect the payment of charges due.
6.6 Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement.
6.7 Not to announce by any means any and all Internet Addresses allocated to or by the Customer as part of an Autonomous System.
6.8 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet.
6.9 The Customer agrees to hold harmless the Company in the event of the Customer commiting any illegal, immoral or other act either under the Laws of England, or any such International Law as may be impinged.
The Company shall not be liable for any loss or damage howsoever caused.
7.1 Economic loss, including loss of profits, business revenue and goodwill.
7.2 Any claim made against the Customer by a third party.
7.3 Any loss or damage to the Customer caused by or arising from any act or omission by the Customer, the Company or Value Added Service supplier.
7.4 Any act caused as a result of force majeure or beyond the Company's control.
8.0 Changes to the Service.
8.1 If any Network operator shall discontinue the provision of telecommunications service to the Company, or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services, or any part thereof provided to the Company, or shall disconnect the Customers apparatus from the internet, the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary.
9.1 The service may be suspended or suspended during peak times by the Company without notice and withour prejudice to the Company's Rights of Termination under clause 10 in the event.
9.2 Failure by the Customer to make any payment to be made to the Company on its due date for payment.
9.3 If the customer does or suffers anything to be done which jeopardises the service or any network to which it is from time to time connected.
9.4 If the Customers credit limit has been exceeded, or if the Customer is otherwise in breach of these Terms of Service.
9.5 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the Annual Subscription Charge will continue to accrue. During suspension the Company reserves the right to refuse release of the User's Internet Address as issued by the company.
9.6 If your account is suspended for any reason whatsover, there will be charge of £35.00 to reinstate.
10.1 This agreement shall remain in force for a minimum period of 12 months from acceptance of the Customers application. Being the date on which the Company's order was signed by the Customer. Termination can be effected as follows:
10.2 By the Customer. The Customer may terminate this Agreement in writing per clause 13.1 by giving 1 months after the termination of this Agreement.
10.3 By the Company. The Company may terminate the Agreement at any time and without notice if: (a) if the Customer commits any breach of this Agreement including and without limitation non-payment of the subscription payments. (b) by at least 1 months written notice to the Customer.
10.4 The Company reserves the right to invalidate any Customer's User Name and Internet Address issued to the customer following termination of this Agreement.
10.5 Domain name hosting and transfer request for DNS records must be made in writing with the authorised signature of the domain holder. There is no charges for .co.uk / .uk domains and a £15.00 one off fee for any domain.
10.6 No refund of subscription payments will be made the the Customer upon termination of the Agreement by either the Company or the Customer.
10.7 You have the right to terminate your contact with the Company at any time but for renewable services 30 days notice must be given to the Company. If you request termination after this and invoices have been issued they will be chargeable and payment must be met.
11.0 Rights of Termination.
11.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement.
11.2 On termination of the Agreement right to the use of the Internet IP Address allocated by the Company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid by the Customer.
11.3 In the event of termination of the Agreement by the Company on account of any breach of the Terms and Conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof.
12.0 User Name and Internet Address.
12.1 The Company shall not be requested or required to release the User Name, Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names remain the property of the Company until all sums due have been received and title formally passed.
13.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal Mail post to the relevant address given in the Agreement or to such address as the receipt may have been notified to the other party via e-mail for that purpose.
13.2 Suspension notices for non-payment of Charges will be deemed as delivered by facsimilie to the relevant facsimilie number given in the Application or to such facsimilie number as the Customer may have notified. Suspension notices may also be servied via email.
13.3 Any notice shall be duly given, if given by prepaid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a preaid first class letter.
14.0 Expenses of the Company.
14.1 The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or excercising any of its rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company.
15.1 If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceableor ineffective but would be adjudged to be valid, effective and enforceable if part of the wording were deleted or a provision were reduced in scope of this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid and enforceable.
16.0 Clause Headings.
16.1 Clause Headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions.
17.0 Other Printed or Standard Conditions.
17.1 All services are provided on the foregoing conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no agreement terms and condition contained in any document sent by the Customer to the Company shall be of any affect with respect of thie Agreement unless expressly accepted by a duly authorised office of the Company in writing. The Customer Acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis on any representation, warranty, undertaking or statement which is not set out in these Conditions including any representation made by or on behalf of the Company in relation to the Service which has induced the customer to enter into this Agreement with the Company.
18.1 The Company reserves the right to vary these terms and conditions as a result of changes required by it's insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties.
19.0 Law and Arbitration.
19.1 This Agreement is subject to laws of England under the jurisdiction of the Courts of England and any alteration to part of this agreement shall not invalidate the remainder. This Agreement incorporates the provision for arbitration if any are available under the Code of Practice issued by the Network Operator under the provision of its license.
Click here for our Acceptable Use Policy
Edition 1 January 2006 ACE Studio Designs
Issued by Order of the Company Director
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