This document outlines our standard terms and conditions of doing business and unless separately agreed in writing in advance will apply to all transactions undertaken by NuFocus UK Ltd on behalf of you the [Client].
In addition to our standard business terms we also have additional terms and conditions that apply for some of our specialist services which detail both our [NuFocus] obligations to you the [Client] and in some cases your responsibilities and obligations as the [Client] to us [NuFocus]. The specialist services include, but are not limited to, Domain Registration services and Web Site Hosting. Where applicable, please take note of the additional terms that apply and may potentially override the terms stated in the general section of the standard terms and conditions.
NuFocus UK Ltd issues invoices in UK sterling and will apply VAT at the prevailing rate for all services and products, except where either VAT rules allow for a service to be VAT free or a client can provide evidence that they have proof of a valid VAT exemption for the service provided.
All invoices must be paid by clients in a timely manner. All invoices include payment terms and failure to pay within the stated period may mean that [NuFocus] will charge the [Client] with Late Payment penalties as defined in UK and EU legislation. Interest will accrue on the outstanding balance and will be calculated on a daily basis.
In the event that legal recourse is made to recover outstanding debts then [NuFocus] will also apply for all additional costs incurred to be recovered from the [Client].
NuFocus may agree in advance a payment schedule for all services rendered in accordance with clearly stated project milestones. When the agreed conditions of any milestone have been reached then that payment will become due according to the stated terms. Failure to meet the payment schedule may result in [NuFocus] halting further work on a project or stopping delivery of the agreed service until such time as the problem has been rectified.
Web Hosting & Email Services
NuFocus provides web hosting and email services both on a dedicated or shared hosting basis. Clients using the shared configuration accept that their web site or email service will be on a fair use basis with no specific performance guarantees.
NuFocus will continuously monitor the server(s) to ensure that the services provided are available for the maximum possible uptime (at least 99.9%) not counting planned maintenance. In the event that average demands on the CPU or memory persistently exceed predetermined limits then NuFocus will adjust the server configurations to ensure all clients have access to appropriate resources.
All clients must ensure that their website content is lawful, does not contain anything offensive or defamatory or infringe any third party copyright or intellectual property. Clients must absolve NuFocus from any liability arising from hosting such material and must remove all contents in a timely manner if notified of any infringement.
Clients must also ensure that all websites comply with all reasonable practices to ensure their website is secure from unauthorised access or use. This includes ensuring that passwords are robust and kept confidential, that all code and scripts guard against malicious use and that all input data is validated against potential injection of malicious data or code. This includes keeping software, such as WordPress or Joomla updated with latest patches to reduce security vulnerabilitiess.
Clients must respond immediately to rectify all security issues identified and NuFocus reserves the right to disable or delete and material that causes the server to be exposed to any security risks. NuFocus may charge a client a reasonable fee to cover any costs for removing a security related problem on a client site.
NuFocus UK Ltd provides a domain registration service on behalf of clients and as such can manage all aspects of registering and maintaining domain names for many international domain jurisdictions. By using NuFocus UK Ltd as your agent, you accept that in addition to complying with our standard terms and conditions you will also comply with the relevant country domain registration authorities, such as Nominet for UK domains.
NuFocus will be provide clients with printed, electronic copies, or web links to the specific domain registry terms and conditions that apply to their chosen domain names and will require confirmation from all clients that they have received this notification and that they accept responsibility for complying with these terms and conditions. NuFocus will not be held liable for problems that arise due to a client failing to comply with the relevant conditions that apply to a client’s domain name registration.
NuFocus will undertake to notify all clients that a domain is approaching its expiration date with no less than 28 days notice. Clients must respond to NuFocus with at least 7 days notice prior to the expiration date if they wish to cancel a domain name or they will be liable for the full renewal costs of the domain name for a further period (typically 2 years for .uk domains and 1 year for all others).
NuFocus will not be held responsible for consequential loss relating to problems with domain name renewals and the maximum liability will be the cost of the domain name registration or renewal.
The client also must ensure that domain names do not infringe any third party Intellectual Property Rights, will not be used for unlawful purposes and registered using accurate and current information as required by the relevant registration authority.
Client Support & Complaint Handling
NuFocus endeavours to provide an initial response to all Customer complaints or questions by the end of first business day following any complaint or enquiry relating to their service (which includes any domain registration issues), but will guarantee a first response by the end of the third business day following submission by the client. In most cases this response will resolve the customer issue, but in some cases further action may be required and these cases the situation will be reviewed at least every 5 days or as agreed with the specific client.
Clients can submit their questions via the web based contact form (to email@example.com) but it is preferred that they submit their issue to the Support ticket system powered by ZenDesk which is out preferred method for maintaining a log of all support requests. The Support system automatically emails all parties with the updated information as it is recorded and a complete history is available for all parties to review and or correct as appropriate.
In the unlikely event that issues have not been resolved satisfactorily with a reasonable timescale we would urge customers to directly talk to a staff member on the phone to raise the priority of the said issue.
Should further escalation be required then the client may take action to have their issue resolved by an external body… for instance issues relating to UK domain registration issues might be referred to Nominet for resolution. (http://www.nominet.uk/resources/complaints/)