These are the general terms & conditions of doing business with: RICHARD ANTHONY RAINSFORD
1.1 In these General Terms and Conditions of Supply the following words and phrases shall have the following meanings;
"Account" means the Customer's account with the Company for provision of the Services;
"Business User" means a Customer who uses the Online Services in the course of any trade or business;
"Charges" means the charges payable by the Customer in return for the Services and/or Equipment in accordance with Clause 7;
"Company" means rainsford.net, trading as: RICHARD ANTHONY RAINSFORD;
"Company's Web site" means the Web site at https://www.rainsford.net, and references to "our Web site" shall be construed accordingly;
“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, craft or profession;
"Customer" means the person, group of persons or other entity whose name and address is or are set out in the customer order;
"Customer Order" means the application for the supply by the Company of the Equipment and/or Services, completed by, or in accordance with an order from, the Customer;
"Law" means the law of Germany, in force from time to time, and shall include (without prejudice to generality of the foregoing) all criminal law, laws relating to intellectual property and all laws, rules and/or regulations relating to the publication or transmission of information or data in electronic form. References to "Law" shall be construed accordingly;
"Minimum Cancellation Notice Period" means the minimum period of notice that a Customer must give the Company to terminate a specific Service or this Agreement, as set out in the General Terms and Conditions of Supply and/or Specific Terms and Conditions;
"Password" means a password issued to the Customer for the Customer's access to the Services;
"Payment" means the requested invoiced amount, billed in EUROS.
"Payment Methods" means the various ways your invoiced amounts may be paid.
"Price List" means the Company's price list relating to the Equipment and/or Services set out on its Web site, as amended from time to time;
"Service Period" means the period of an individual Service provided in accordance with this Agreement;
"Service" means a service provided by the Company to enable the Customer to gain access to the Internet (and other services and facilities provided by the Company in connection with that service as described at https://www.rainsford.net), as are specified on the Customer Application, and described in the Company's literature at the date of completion of the Customer Application together with all services and/or facilities referred to in any Specific Terms and Conditions; II references to "Services" shall be construed accordingly;
"us" or "we" means the Company, and references to "our" shall be construed accordingly;
"User Name" means any user name allocated to the Customer for access to the Services;
"you" means the Customer, and references to "your" shall be construed accordingly;
"WebShop" means the products and services available from: rainsford.net.
2. THE SERVICES
2.1. We shall provide you with the Services and/or the Equipment subject to the terms of this Agreement.
2.2. You can place your order for Equipment and/or Services by;
sending your request using the contact form at: https://www.rainsford.net/contact
Additional correspondence my then continue by Email, as we refine your requirements, prior to a Quotation being given. 2.3. We shall not be obliged to provide the Services and/or Equipment to you unless and until;
a) we have sent written notice to you (either by post or e-mail) of our acceptance of the Customer Application & Quotation and
b) we have received any initial Charges due from you in respect of the Services and/or Equipment.
Acceptance of the Services and/or Equipment by you constitutes your automatic acceptance of the terms and conditions of this Agreement.
2.4. We will provide you with transit and routing services for e-mail.
2.5. We will endeavour to ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, and any other services which we provide to our customers, we may from time to time:
a) Suspend, close down or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Services and any Internet traffic conveyed (although we will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods as advised and/or published by us); and/or
b) Give you instructions on how to use the Services.
You agree to comply with any instructions we may give you in accordance with this Clause.
2.6. We will notify you as soon as possible if either we or our agents, employees, representatives or anyone else involved in providing the Services and/or the Equipment, require access to your premises, to install the Services and/or the Equipment or to carry out repairs, maintenance or upgrades. Where such notice is received by you, you agree to grant us and/or such other persons referred to, access to your premises. We will meet your reasonable requirements, and you agree to meet ours, concerning the safety of people on your premises.
2.7. We may make software available to you that enables you to use the Services. This software must not be copied or modified by you or anyone else unless allowed by Law. You undertake and agree that you will access the Services only via use of this software, or in an alternative way permitted by us, and you will not attempt to circumvent any security measures inherent in the Services. Where such software is owned by or licensed to us, we will, where possible, grant you a revocable, non-transferable, non-assignable, non-exclusive license to use it for the duration of the Agreement (or, if shorter the duration of any licence of the software to us). Where the use of such software by you requires you to enter a separate licence you agree to do so.
3. DISTANCE SELLING – YOUR CANCELLATION RIGHTS
3.1. If you are a Consumer and you ordered the Services and/or any Equipment from us either over the internet, by telephone or by any other distance selling method you may cancel the Contract in accordance with the Distance Selling Regulations. This gives you the right to cancel your contract within 14 days without giving any reason.
3.2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.3. For sale of goods, the cancellation period will expire after 14 days from the day on which you gave your order.
3.4. For services, the cancellation period will expire after 14 days from the day of the conclusion of the contract (i.e. when we accept your order).
3.5. If you ask us to commence the services before the 14 day period has ended, your right to cancel ends, even if you have not started using the service provided. If you cancel a service before we provide it, you may have to pay for any work that has been done towards providing the service.
3.6. If you cancel your contract, we will reimburse to you all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than-
(a) 28 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 28 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 28 days after the day on which we are informed about your decision to cancel this contract.
3.7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
3.8. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods.
3.9. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.10. If you request to begin the performance of services during the cancellation period you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract (this applies only where the request to cancel the services is made before they have been fully performed).
3.11 All cancellations, will need to be received, no less than 60 days prior to the end of the current paid billing cycle. Otherwise they will be automatically renewed and invoiced accordingly.
4. SERVICE PERIOD
4.1. We will activate the Services, as soon as possible following completion of the matters referred to in Clause 3.3 above.
4.2. Subject to Clause 4.3 or where otherwise specified in the Specific Terms and Conditions or otherwise agreed between the parties (for example, as set out in the agreed Customer Application), and except where terminated or suspended in accordance with this Agreement, the Services will be provided for a Minimum Service Period of 30 days from the date of activation.
4.3. Unless otherwise terminated or suspended in accordance with this Agreement the following Services shall be provided for a Minimum Service Period of 12 months from the date of activation:
a) SSL certificates
b) Domain name registration/transfer and hosting
c) Web site Optimisation and Search Engine Promotion products
d) Managed Hosting Services, payable monthly
4.4. On expiry of the periods referred to at Clauses 4.2 or 4.3 above (as appropriate) the Services will, unless terminated on or before the date of such expiry, automatically renew until terminated pursuant to this Agreement.
5.1. We aim to provide the Services for the relevant Service Period. However, we may have to modify, suspend, vary or discontinue the whole or any part of the Services (including, without limitation, any codes or access details or technical specifications associated with the Services) and will endeavour to give you as much notice as is reasonably practicable if we need to do so.
5.2. We may have to change the terms and conditions of the Agreement. Where this is necessary we will publish details of all changes on https://www.rainsford.net before they take effect.
5.3. We will endeavour to let you know about any change referred to in Clause 5.2 at least one month before it happens. However, if we need to make changes, as soon as possible, for regulatory or legal reasons, we may be unable to meet that timescale. In those circumstances, we will let you know about any changes as soon as we can.
5.4. If we have made a change to your significant disadvantage and you decide to terminate this Agreement early, you will not have to pay Charges in relation to the Services, for the remainder of the Minimum Cancellation Notice Period.
6.1. In the event that we provide you with domain name services, the following provisions will apply:
a) You confirm that you are the owner of, and/or that you have full rights to use, any trade (or other) name or mark, or any Name, requested by or allocated to you.
b) We cannot guarantee that any Name requested by you will be available or approved for use.
c) If we have reasonable grounds to believe that the use by you of any Name is or would be in breach of Clause 7.1 above, we may refuse to allocate or cease to provide you with the Name, and ask you to choose a replacement.
d) Internet domain names are registered and/or provided to you in accordance with all terms and conditions issued by the regulatory body responsible for the maintenance of such domain names ICANN including, but not limited to; www.fasthosts.co.uk, www.forpsi.com, www.domain.de and www.domainprovider.de. Copies of whose terms and conditions are available at:
7.1. Except as otherwise provided in a separate Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the WebShop and/or Price List and/or the Customer Application and/or the invoice relating to such Equipment and/or Services.
7.2. You shall pay the Charges (without any set off or deduction of any kind) on either a monthly, quarterly or annual basis as stated in the Customer Application or Agreement and/or the Price List and/or the invoice referred to at Clause 7.1 above.
8. PAYMENT METHODS
Payments may be made by via; Bank Transfer, Paypal or Crypto Currencies, such as BitCoin & DASH.
Invoices may be paid, in EUROS, or the BitCoin or Crypto Currency equivalent of the billed EUROS, on the date of the Invoice.
9. PERSONAL DATA
9.1. You agree that both we and our subcontractors and/or employees may hold all names and other information in the Customer Application, in a computerised database. You agree that such data may be processed and may, in certain circumstances, be supplied to and processed by our suppliers, to enable the provision and maintenance of the Equipment and/or Services.
8.2. You acknowledge that we may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose data to, government or other bodies and/or authorities.
10.1. This Agreement represents the entire agreement and understanding between you and us with regard to the supply of the Equipment and/or Services, to the exclusion of all prior agreements, arrangements and understandings. The Agreement contains express promises and obligations on our part. You agree that any other term which might be implied or incorporated into the Agreement, by statute, at common law or otherwise, is excluded, to the fullest extent permitted by German law.
10.2. You acknowledge and agree that in entering into the Agreement you have not relied upon any oral or written representation, statement or understanding (whether negligently or innocently made) by any of our employees, agents, sub-contractors or representatives other than as expressly set out in the Agreement.
10.3. You further acknowledge and agree that you will have no remedy in respect of any untrue representation innocently or negligently made by us or any of our employees, agents, subcontractors or representatives prior to entering into the Agreement upon which you may claim to have relied in entering into the Agreement whether such representation was made orally or in writing.
10.4. The only remedy available to you for a breach by us of the Agreement shall be for breach of contract under the terms of the Agreement.
10.5. Nothing in the Agreement shall exclude or limit our liability for fraudulent misrepresentation.
10.6. The Agreement shall be governed by and construed in accordance with the laws of Germany and you agree to submit to the exclusive jurisdiction of the Courts of Siegburg, Germany. In the event that the Agreement is translated into any other language, the English language version shall prevail.
10.9. References to the singular include the plural and vice versa. References to one gender include all other genders and vice versa.