123 Reg Email Hosting Product Terms and Conditions
These Email Hosting Product Terms and Conditions are supplemental to the General Terms and Conditions, including the Acceptable Use Policy and the Data Protection Policy and apply to the provision of the Email Hosting services by 123 Reg Limited (‘123 Reg’). The ordering of Email Hosting services from 123 Reg constitutes acceptance by the Client of the General Terms and Conditions and these Email Hosting Terms and Conditions.
123 Reg reserves the right to amend these Email Hosting Product Terms and Conditions at any time and without notice to the Client.
1. Scope of the Agreement
1.1. These Email Hosting Product Terms and Conditions govern the provision of email hosting services by 123 Reg to the Client (‘the Services’) including where such email hosting services forms part of a package with additional services from 123 Reg such as hosting services.
1.2. The Services consists of 123 Reg making a partition on a commonly used email server available to the Client with certain functions made available to the Client through a control panel.
1.3. The Services are subject to a minimum term of 12 months from commencement with payment required in advance in the frequency selected by the Customer when placing the order.
1.4. Provision of the Services is subject to the storage quota specified for each Email Hosting Product.
1.5. 123 Reg shall notify the Client by email if the Client is approaching the quota and request that the Client make changes to its account to remain within the quota. Once the client meets or exceeds its quota then incoming emails will be returned to sender as undeliverable.
1.6. In the event that the Client exceeds the quota then 123 Reg reserves the right, by written notice to the Client, to request that the Client upgrade to an email hosting product with a higher quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota. Clients are required to manage and effectively change their email storage through the control panel within 7 working days of request.
1.7. 123 Reg further reserves the right to suspend the Services in the event that the Client: i) exceeds its mail quota; ii) fails to make any payment due to 123 Reg; iii) fails to renew its agreement for the Email Hosting services; iv) cancels its agreement for the Email Hosting services and/or v) when requested to do so by a competent legal, regulatory or governmental authority.
1.8. 123 Reg shall endeavour to reinstate a suspended mailbox when the Client has, within 28 days of the suspension, brought the mailbox storage under the mail quota amount.
1.9. If, within 28 days of a suspension being imposed, the Client has failed to remedy the reason for the suspension being imposed then 123 Reg shall be entitled to permanently delete the Customer’s mailbox and all content therein.
1.10. Clients are required to log into their webmail accounts on a regular basis, no less than monthly, for webmail specific content to remain active. If, after six months, no login has been made then the webmail service and any webmail content will be permanently removed.
1.11. The Customer represents and warrants that it has, or has access to, knowledge and expertise required to configure, maintain and monitor the Email Hosting services.
1.12. The Customer accepts that 123 Reg will have access to any material stored in the Customer’s mailbox and may, from time to time, require access to such material.
2. Service Delivery
2.1. While 123 Reg shall make commercially reasonable efforts to maintain the uninterrupted provision of the Services there are various factors outside of 123 Reg’s control that may make the Services unavailable from time to time. Accordingly, 123 Reg cannot guarantee that the Services will be uninterrupted or error free.
2.2. To the fullest extent permissible by law, the Services are provided by 123 Reg on an ‘as is’ and ‘as available’ basis and no warranty or representation (express or implied) of any kind is given in connection with the Services including as to satisfactory quality or 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 will be compatible with any files or software used by the Customer.
2.3. If the Customer upgrades or downgrades its package or restores the default settings in the control panel then such changes will take effect immediately. Accordingly, 123 Reg will not be liable for any loss of data or other consequences as a result of such actions.
3.1. The fees for the Services shall be as set out in the order confirmation or such other fee as notified to the Customer from time to time.
3.2. Any renewal of the Services shall be subject to the prevailing fee at the time of renewal as advertised on 123 Reg’s website.
3.3. If the Client upgrades its package during the term of the Agreement then the price difference, calculated pro-rate for the remainder of the then current charge, will be payable immediately by the Customer.
3.4. If the Client opts to downgrade its package during the term of the Agreement then no refund or credit shall be given. Renewal of the Services will then be at the price of the downgraded package.
4. Remedies and Limitations
4.1. 123 Reg’s total liability in relation to the Services, and under this Agreement and these Email Hosting Terms, whether in respect of any breach of this Agreement, negligence, any act or omission of 123 Reg whether intentional or otherwise, shall be limited to the total fees paid by the Client to 123 Reg in the twelve months preceding the event giving rise to the liability.
4.2. Under no circumstances shall 123 Reg be liable for any loss of profits, loss of business or any indirect, special, exemplary, punitive, incidental or consequential loss or damages.
4.3. 123 Reg accepts no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability or any similar or related issues due to, but not limited to, any of the following:
4.3.1. the active or passive negligence of 123 Reg, the Client or any third party;
4.3.2. downtime due to scheduled or emergency maintenance;
4.3.3. an upgrade, downgrade or other alteration to the Services;
4.3.4. hard failure (including issues caused by other users on the hardware);
4.3.5. incompatibility; or
4.3.6. the Customer’s error.
4.4. 123 Reg may limit or deny access to the Services and 123 Reg’s systems in the event that, in 123 Reg’s sole judgement, such action is required to prevent damage to the network (including software and stored data) or to ensure the integrity or security of the network.