123 Reg General Terms of Service

123 Reg General Terms of Service are also known as Universal Terms of Service.

123 Reg is a trading name of 123 Reg Limited (hereinafter referred to as “123 Reg”), a provider of internet related services including connectivity, co-location, dedicated and shared server, website hosting and domain name services. These General Terms of Service ("the Terms") set out the terms under which 123 Reg will provide Services to the Client (as such terms are defined below). The Terms also contain additional provisions applicable to the use in the European Union ("EU") of this Site and/or of the DSA Services (as defined below).

The Terms should be read in conjunction with 123 Reg’s Acceptable Use Policy which can be viewed here and the Domain Transfer & Ownership Terms and Conditions which can be found here. These Terms will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. 123 Reg reserves the right to change, add, subtract or in way alter these Terms without the prior consent of the Client.

These Terms apply (i) to the Agreement (as defined below) between the Client and 123 Reg, and, (ii) irrespective of the existence of any Agreement, as regards European Union Digital Services Act ("DSA") Supplemental Terms of Service, to the contractual relationship between any user of the Site and/or the DSA Services and 123 Reg

To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Terms will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.

By logging into your account or updating files you are deemed to have accepted these Terms.

These Terms are divided into ten parts, however all parts may not apply in every case:

  • Part 1 applies in all cases.

  • Part 2 applies where 123 Reg is to provide software and/or equipment in connection with the Services.

  • Part 3 applies where the Services include ongoing support and maintenance services.

  • Part 4 applies where the Services include domain name registration services.

  • Part 5 applies to the 123serv and 123servplus product.

  • Part 6 applies to the provision of Premium Hosting Packages.

  • Part 7 applies to the provision of Email Marketing Services.

  • Part 8 applies to the provision of Cloud Backup Services.

  • Part 9 applies to the provision of cPanel Services.

  • Part 10 applies to the use in the EU of this Site and/or of the DSA Services.

Part 1: General Provisions

1. Definitions

In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

123 Reg means 123 Reg Limited, registered in England and Wales (Company No. 05306504), whose registered office is at 5th Floor, The Shipping Building, Old Vinyl Factory, 252-254 Blyth Road, Hayes, UB3 1HA, United Kingdom

"Affiliate"
A person, organisation, or establishment indirectly associated with 123 Reg.

“Agreement”
the agreement between 123 Reg and the Client for the provision of Services formed by these Terms, any product specific terms and conditions and the Order Confirmation(s).

“Ancillary Systems” any Software and/or Equipment.

"Associated Company" in respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms “subsidiary” and “holding company” will have the meanings given to them by section 1159 of the Companies Act 2006.

“Business Day” a day which is not a Saturday or Sunday or public or bank holiday in England and Wales.

"Business Customer" You are a business customer if you are a commercial entity or an individual (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain name during the a "Sunrise"; or "Landrush" period as defined in the Domain Name Conditions for the Domain Name Registry (c) at your sole discretion, purchasing a Domain Name for financial or Commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name; (d) purchased 10 or more Domains and purport to act as a business customer as defined.

"Business Hours" 9am to 5pm on each Business Day.

“Client Materials” data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by 123 Reg in providing the Services.

"Client" as identified on the Order Confirmation(s).

"Consumer" You are a consumer if you are an individual not: (a) registering, using, acquiring, purchasing or planning to use the Requested Domain(s), Hosting package(s) or any other service of 123 Reg as part of a business trade or profession; (b) at your sole discretion, purchasing a Domain Name(s), Hosting package(s) or any other service of 123 Reg for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name(s), Hosting Service(s) and/or any other service of 123 Reg. For the sole purchase of Domains, you shall not be treated as a consumer under the contract if you have purchased or are the registered holder of 10 or more Domain Names or if you purchase a Domain Name(s) during a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry./p>

“Client System” the Client's computer system upon which the Software is loaded or otherwise in connection with which the Services are provided.

“Conditions” these conditions (in ten parts) to be read in conjunction with the Order Confirmation(s).

“Continuous Payment Authorities” A CPA agreement is not a Direct Debit. A CPA is a regular payment that You arrange which authorises 123 Reg to take payment from your debit or credit card account. It is not an agreement with your bank or card company.

“Defect” any defect in systems having a material effect on the Client's use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions.

“Domain Services” those domain registration and other related services (if any) provided to the Client by 123 Reg pursuant to the Agreement, as described on a relevant Order Confirmation.

"DSA Services" refer to, among all the services provided by 123 Reg, the intermediary services provided in the EU or to EU users which come within the scope of the EU Digital Services Act. These notably include certain hosting products, dedicated and virtual servers, Domain Services and email services provided by 123 Reg in the EU.

“Email Marketing Services” means the provision of data storage services and data management and manipulation software by which (i) persons can give and withdraw notice of their interest in a Client's products and services by mobile telephone or online, (ii) storage of personal data relating to the Client’s target audience (iii) the provision of software to manipulate the data collected, (iv) the provision of facilities for the Client to send emails and SMS text messages to the email addresses or mobile telephone numbers stored, (v) facilities for the Client to export the data along with supporting and ancillary services as may be agreed from time to time.

“Email Suspension” The email package that was purchased or provided to the Client under a package will be cancelled and no longer accessible to the Client, prohibiting access to the Client’s email account, email mailbox or otherwise from the package or email account created by 123 Reg. The Client will have prohibited access to the following:- IMAP, Webmail, Mobility, ASMTP and POP.

“Email Storage Limit for a Business Customer” 123 Reg shall provide to the Business Customer 5GB of Email Storage under the Agreement for the duration of 12 months. The Business Customer may at their sole discretion purchase additional Email Storage up to the maximum capacity of 10GB per mailbox. The Business Customer may allocate the amount of Storage space they wish to use to different mailboxes and the Bu