Terms & Conditions
“ukmailexchange.com” is a
brand of Skymatrix, a provider of internet related services. These conditions
set out the terms under which Skymatrix will provide services to its clients.
It is a legal agreement and sets out the client’s rights and obligations, and
those of Skymatrix. To complete the order process, the client must acknowledge
that they have read, understood, and agreed to be bound by all the terms and
conditions of this agreement. Skymatrix reserves the right to supplement these conditions
from time to time.
These Terms and
Conditions supersede all previous Terms and Conditions
Definitions
"Skymatrix"
Owner and operator of “ukmailexchange.com” address: Skymatrix
(ukmx), Stable Cottage, Wing, Rutland, LE15
8RZ. Tax No. 3049240646
"Agreement"
the agreement between Skymatrix and the
Client for the provision of Services formed by these Conditions and the Order
Confirmation(s)
"Client"
as identified on the Order
Confirmation
"Fees"
the charges due to Skymatrix under the
Agreement in relation to the Services, as set out on the Order Confirmation
“Term”
a term is
one year or 365 days from the day of the account activation
“In-house
Domain”
a domain
name owed exclusively by Skymatrix
“account”
a point at
which mail is received this can be a mailbox or redirect account
“sub address”
an email
address of an account
1. Description
of the Service
1.1
“ukmailexchange.com” provides domain name
registration and email services. Where a domain name is registered it will be
done so with the intended use of email only. A domain name registration will
not be necessary where an in-house solution is chosen. The email service
provides clients with the ability to send and receive electronic mail
("email") using the Internet, in order to use the mentioned service
the client requires an internet connection this is the sole responsibility of
the client and not of Skymatrix.
2. Payment
2.1
All
fees are payable to Skymatrix subject to the following conditions.
2.2
All fees
are to be paid in advance with no set off or deduction and will not be
refundable in whole or part if the agreement or relevant part is terminated
during the term or period to which the payment relates.
2.3
Online Payments. All payments are to be made using the credit card and debit card
online facility which operates transactions via a secure server. This purchase
will appear on a statement as: E.ASYMAIL.COM RUTLAND UK
2.4
Transaction security. In order for the clients to
complete their online payments they will be prompted to enter their card
details as well as the security code (CVV) in order to prevent fraud.
2.6
Upgrades. Email
account upgrades can be made during a term although the renewal date of the
account will not be altered. Therefore the upgrade will only be in effect from
the day of the upgrade until the day of the original account renewal date.
Where an upgrade conflicts with the current account setup the upgrade will
supersede the previous and no refund will be given (e.g. if a sub address of an
account is upgraded to a full account it will be removed first with no refund).
2.7
Renewals.
Skymatrix will issue renewal reminders by email to its clients prior to the
renewal date, although it is the sole responsibility of the client to renew the
account. If the account is not renewed Skymatrix will allow a minimum grace
period of 2 weeks from the renewal date after which the account will be
terminated without further communication. Where a domain name registration
renewal is necessary it must be completed prior to the renewal date otherwise
the client risks being unable to renew the domain.
3. Confidentiality
3.1
In
order for clients to compete their transaction sensitive information needs to
be passed to Skymatrix. This information will be stored securely and only kept
while necessary.
3.2
All
sensitive client data collected on this site is used only for the purpose of
completing the transaction. Transaction information is transmitted to our
payment gateway using 128 bit SSL encryption.
4. Service
Delivery
4.1
On
completion of the transaction the client will be supplied a hyperlink by Skymatrix
which will lead to a page containing the clients invoice / order confirmation.
4.2
Skymatrix
aims, but does not guarantee, to deliver all services within 72 hours of
invoice. Skymatrix will notify clients if there is an unreasonable delay.
4.3
The
client should print & retain a hard copy of the invoice / order
confirmation as described in point 4.1.
4.4
Skymatrix
will respond to any enquiries to the clients order within 2 business days.
5. The
Provision of the Service
5.1
Where a
domain name is registered the client owns and has full rights to this domain.
If a change of register is required, this will be done, although there will be
a small administration charge at the discretion of Skymatrix.
5.2
Where
an in-house domain is used by an account the client does not have exclusive
rights over this domain name which remains the property of Skymatrix. Skymatrix
reserves the right to withdraw any of its domain names without warning.
5.3
The
client agrees to provide accurate, current and complete information in the
registration process and ensure these details are up-to-update at all times. If
any information provided by a client is false or inaccurate, Skymatrix retains
the right to terminate the client’s account(s) and rights to use the service.
6. Use
of the Service
6.1
The
Client acknowledges that they may use their service for personal or business
use but do not have the right to resell, abuse, or use this service for any
illegal purpose.
6.2
Abuse of Service. The definition of abuse is at the sole discretion of Skymatrix.
Skymatrix takes any claims that a client has or is misusing their service
seriously; this includes, but not limited to, spamming, harassment or sending
illegal material or operations. If such a report is received the claims will be
investigated and the relevant accounts maybe suspended whilst this takes place.
If the claims are found to be incorrect and the account has been suspended it
will be immediately reactivated and term will be extended for the period it was
not active. If the claim is found to be correct the account will be terminated,
no refund will be issued and information will be provided to the appropriate
authorities (if required).
7. Service
Security
7.1
Each
client will receive a password for each account along with a control password
on delivery of their service. The client acknowledges that it
is their responsibility to maintain the confidentiality of any passwords and is
entirely responsible for any activity or use of service that takes place under any
of their accounts. The client acknowledges that if a client becomes aware of
any unauthorised use of their service or any breach of security they are
required to notify Skymatrix immediately.
7.2
Skymatrix
will not be held responsible for any loss of emails, information or business of
the client should the service be temporarily or permanently unavailable or
withheld for any reason, either within or outside the control of Skymatrix.
8. Service
Support
8.1
Skymatrix
provides support via email for all services supplied to its clients responding
to any support requests within 2 business days.
8.2
Skymatrix
is not obligated to provide support for use of its services with third party software; however Skymatrix does provide
documents to assist its clients in the use of third party software. Clients use
this material at their own risk, Skymatrix is not liable for incorrect or
misuse of these documents including, but not limited to, damages or loss of
data.
9. Third
parties
9.1
“ukmailexchange.com” may provide links to third
party sites located on servers maintained by independent third parties over
whom Skymatrix has no control. Accordingly Skymatrix doesn’t accept any
responsibility or liability for any of the material contained on those
websites; nor does Skymatrix accept responsibility for
the availability of those websites. The client accepts that they are solely
responsible for evaluating any goods or services offered by third parties and
that Skymatrix will not be party to or in any way responsible for any
transactions between the client and third parties.
10. Intellectual
property rights
10.1 All in-house domain names
available for use with accounts are the property of Skymatrix
and should not be used for any commercial use without the express consent
of Skymatrix.
10.2 The content of the “ukmailexchange.com” site which includes but not
limited to text, software, and graphics are protected by copyright and clients
are not entitled to copy, reproduce or distribute any of the content without
the express permission of Skymatrix.
11. Disclaimer
of warranties
11.1 Due to the multi-party nature of
the internet, Skymatrix cannot guarantee that the service will meet any
particular requirements to the client or that the Service will be uninterrupted
or error free or that emails will be sent or received within any particular
time. Skymatrix receives the right to terminate the service at any time, with
or without cause, with or without notice, effective immediately for any reason
whatsoever.
12. Limitation
of liability
12.1 The Client acknowledges that they
use the service at their own risk. Skymatrix will not accept any liability
either in contract, tort (including negligence) or otherwise for any direct,
indirect, incidental or consequential loss resulting from the use or the
inability to use the Service. Nothing in these terms and conditions limits
Skymatrix liability for death or personal injury resulting from Skymatrix
negligence. Each client agrees that any material and/or data downloaded is done so entirely at their own risk and each client will
be solely responsible for the consequences of downloading any such material.
13. Indemnity
13.1 The client agrees to indemnify
Skymatrix against all liabilities, claims and expenses that may arise from any
breach by the client of these terms and conditions and any liabilities claims
and expenses incurred by Skymatrix in connection with any claim, action or
proceeding brought by a third party as a result of the clients use of the
service.
14. Severability
14.1 If any of the provisions of this
contract is judged to be illegal, unreasonable or unenforceable the rest of
these terms and conditions will continue to apply. Any delay on the part of
Skymatrix to enforce its rights under this contract will not prejudice or restrict
its rights and no waiver of any such rights will be deemed to be a waiver of
any other right or of any later breach.
15. Notices
15.1 Any notice to be given or made by
either party under or in connection with the agreement should be sent by email
or post. Any notices sent by Skymatrix pursuant to this agreement sent by email
to the clients primary email address will be effective 24 hours from the time
of sending.
16. Applicable
law
16.1 These terms and conditions will
be governed in accordance with the laws of England
and Wales.
Each user and Skymatrix agrees to submit to the exclusive jurisdiction of the
courts of England and Wales.
Version
Version Number: v1.2
Release Date: 17-02-07