Email Hosting Services

If you order email services from 123-reg Limited ("123-reg"), you ("Client", "You" or "Your") hereby agree to these Terms & Conditions for Email Hosting Services.
These terms are supplemental to 123-reg's General Terms and Conditions, Privacy Policy & Acceptable Use Policy and You will be bound to all of these (collectively referred to as the "Agreement").

If there is any conflict within the Agreement, these Terms & Conditions for Email Hosting Services will prevail.

These additional terms may be amended by 123-reg at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.

1. Scope of the Agreement

1.1 This Agreement is separate to the additional services supplied by 123-reg in respect of any domain associated with the email services or any other service where email services are included as part of Your package. For these other products or services, please see the appropriate terms.

The purpose of this policy is to explain how Webfusion collects, protects, and uses personal data. Webfusion is committed to ensuring that any personal data supplied by its customers or is otherwise generated by its business activities is collected and processed fairly and lawfully.

1.2 This Agreement governs the provision of email services to You by 123-reg, in addition to certain maintenance relating to the same (the "Services").

1.3 The Services consist of 123-reg making a partition on a commonly used email server available to You with certain functions granted to You via a control panel.

1.4 123-reg agrees to provide the use of the Services to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation.

1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, and monitor the Services.

1.6 Access to the Services is limited to You and anyone authorised by You. You acknowledge and consent that 123-reg may require limited access to your Services as and when necessary without further notice to you.

2. Service Delivery

2.1 Every reasonable effort is made by 123-reg to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond 123-reg's control, you acknowledge that given the nature of such services, 123-reg cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by 123-reg to You on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, 123-reg gives no warranty or representation that:

2.2.1 the Services will meet the Client's requirements;

2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis;

2.2.3 any results obtained from use of the Services will be accurate, complete or current; or

2.2.4 that the Services provided will be compatible with any files or software You use.

2.3 If You upgrade or restore the default settings of Your Services at any time during the term of the Services You acknowledge that the changes take effect immediately. As such, 123-reg will not be liable for any loss of data or other consequences of such action.

Additional Services

123-Mail Mobility

3.1 Mobility is offered to Clients on certain packages offered by 123-reg. This may be part of Your current Services or offered as an upgrade to Your Services. Please note the features currently advertised are subject to change.

3.2 In addition to the limitations detailed under Section 2 of this Agreement, 123-reg makes no representations and accepts no liability if the Mobility component of your Services is not compatible with Your mobile phone's hardware or operating system. For the minimum requirements, please visit here.

3.3 If Mobility is purchased as an upgrade to your Services, the fee is currently £1.99 per month (exclusive of VAT). The billing for Mobility runs parallel with that to the validity of Your purchased mailbox as part of the Services.

3.4 Blackberry devices will need to use third party software (ActiveSync) to use the 123-Mail Mobility functionality. Details of this software can be found here. You acknowledge that 123-reg is not liable for the provision, support or updating of this software.

Upgrades

3.4 If You have purchased a Personal email Service, you are able to purchase the additional functionality of a Business email Service at a fee.

3.5 The additional features of the Business package can be found here. Please note these features are subject to change.

3.6 The fees for upgrades are detailed in Clause 4 below.

4. Fees

4.1 The Services shall be charged in accordance with the fees set by 123-reg as set out in the Order Confirmation. These may be varied from time to time and published on the 123-reg website.

4.2 When the Services are renewed in accordance with the Agreement, the fees will be charged at the current rate as published on the 123-reg website.

4.3 If You upgrade the specifications of Your Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period. Current prices are subject to change and exclude VAT. The full price of the upgrade will then be charged from the next billing period onwards.

4.4 If You downgrade the specifications of Your Services during the term of the Agreement, the price difference in relation to the remainder of the current billing period will not be refunded. The full price of the downgrade will then be charged at the start of the following billing period. The Services will remain at the specifications before You action the downgrade until the end of the current billing period.

5. Appropriate Usage of the Services

5.1 The terms governing the appropriate use of Your Services can be found in the Acceptable Use Policy

6. Support

6.1 The obligation of 123-reg to provide Support Services will not extend to:

• 6.1.1 rectification of lost or corrupted data;
• 6.1.2 Ancillary Systems altered modified or varied by other than 123-reg;
• 6.1.3 attendance to faults arising from the Client's failure to comply with 123-reg's instructions with regard to the use of the Services or any documentation or manuals provided by 123-reg, or operator error or omission;
• 6.1.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.

6.2 123-reg reserves the right to charge its standard employee charge out rates (as published from time to time by 123-reg or as otherwise communicated to you) in addition to the Fees for the carrying out any remedial work described in clause 6.1.

6.3 123-reg will use its reasonable endeavours to provide the Support Services, but makes no warranty to be in a position to resolve any issue communicated by You.

6.4 123-reg will, at no additional charge to You, initially install the standard operating system Software on to the Client System or, where appropriate, the Equipment used to supply the Services. Any re-install will incur a charge, such charge will be detailed on the 123-reg website or communicated to you otherwise.

6.5 123-reg will operate a helpline service to assist the Client and its staff in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by 123-reg, by telephone, e-mail or helpdesk ticket system provided by 123-reg. The helpline service will be obtained by telephoning and or, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by 123-reg from time to time. For the avoidance of all doubt the helpline service can only be obtained by using the preceding methods of contact. Any other method applied or used by You or those authorised to act on Your behalf shall not be deemed as a request for assistance and 123-reg may at its sole discretion choose not to answer such a request.

6.6 123-reg provides ticket and telephone support between the hours of 9a.m. and 7p.m., Monday to Friday (excluding public holidays).

6.7 If a defect or issue occurs, You must follow the below procedure:

• 6.7.1 You will notify 123-reg of the problem and provide such information and assistance as 123-reg reasonably requests and requires in connection with the problem; and
• 6.7.2 123-reg will analyse the problem and use its reasonable endeavours to rectify the problem in question or propose a solution in connection with the same and of being notified of the same.

7. Remedies & Limitations

7.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO 123-REG IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.

7.2 In no event shall 123-reg be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.

7.3 123-reg is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:

• 7.3.1 the active or passive negligence of 123-reg, You or any third party;
• 7.3.2 downtime due to scheduled maintenance;
• 7.3.3 an upgrade, downgrade or other alteration to Your Services;
• 7.3.4 hardware failure, (including issues caused by other users on hardware);
• 7.3.5 Incompatibility; or
• 7.3.6 Your error.

7.4 123-reg may limit or deny access to Your Services and its systems if, in 123-reg's judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.