VCS Terms and Conditions.

These are the terms and conditions which apply to you ('the Client') and employees or family members covered by your support plan (‘the user’) and Virtual Cloud Systems Ltd, Virtual Cloud Systems or VCS ('the Company').

The client must provide Virtual Cloud Systems Ltd with all reasonable courtesy, information, cooperation, facilities and access to enable Virtual Cloud Systems Ltd to perform duties, failing to do so VCS shall not be obliged to perform any service or provide any assistance.

Important notice

We do not store credit card details nor do we share customer details with any 3rd parties, beyond that required to provide and provision services.

For Cancellations / refund requests please send an email to email@vcsystems.co.uk. Services / Support Plans require 30 days notice of cancellation unless otherwise stated.

0. Support definitions.

Enquiry: The provision of information, instigated by the client, either technical in nature or pertaining to information owned by the client in the keep of VCS that is readily available.

Unscheduled Support: Technical support provided at the instigation of the client where the resolution is known, or should reasonably be expected to be known by VCS staff and where the support can be provided in 15 minutes or less, either verbally or by remotely connecting to the client’s equipment.

1st Line: Technical support provided at the instigation of the client where the resolution is known, or should reasonably be expected to be known by VCS staff and where the support can be provided by automated or procedural steps, either verbally, in writing or by remotely connecting to the client’s equipment. There is no time limit for 1st line support.

2nd Line: Technical support that requires diagnosis and / or research by VCS staff before a resolution can be effected. Includes, but not restricted to, issues caused by equipment failure, new equipment and / or software installation, referrals from 1st line, malware or virus infestation, alterations to or issues with services provided by 3rd parties, and alterations and / or errors made by the client or other 3rd party. 2nd line support can be provided either by remotely connecting to the client’s equipment or an onsite visit by VCS staff or authorised representative of a relevant supplier. By appointment only.

3rd Line: Technical support that requires specialised knowledge and / or referral to senior staff for resolution. Includes, but not restricted to, issues referred by 1st / 2nd line and sudden hardware failure.

Emergency Callout: Support instigated by the client that the client deems important enough for immediate intervention. An Emergency Callout carries a tariff for the first hour regardless of the support plan.

Quote: Work carried out external to a support plan, where an itemised list of charges is provided by VCS and approved by the client in advance. Includes, but is not limited to, new hardware acquisition and installation, relocation and work outside the remit of a support plan.

1. Payment terms.

Unless otherwise agreed in writing, payment terms are 30 days from the invoice date for all support plans and / or ad-hoc work. For work where a quote is provided, VCS will not start any work or acquisition of any goods or services until cleared funds are received in full. Where payment is not received VCS will not be obliged to provide any part of the service.

The premium at the rate specified shall apply for a period of one month from the date of publishing and shall continue thereafter unless and until the rate is revised by VCS at the end of the first period or at the end of any succeeding month.

VCS will provide one month’s advance written notice of any such revision to the Client.

Where there is sufficient evidence to suggest that fraud is being perpetrated, Virtual Cloud Systems Ltd reserve the right to pass identification (such as name, address, email and ISP details) to other businesses, fraud data bases and relevant authorities.

2. Quote work.

Site surveys are free of charge within the M25 as long as the work quoted is carried out otherwise a fee of £150 will be charged. Client is responsible for expenses incurred outside the M25. Special consultation fees applicable for unusual circumstances. Once a site survey has been completed a quote will be issued in a timely fashion.

Whilst every effort is made to ensure the accuracy of the quote, circumstances may arise leading to alterations and / or alternative products or services being provided or prices being altered. In such circumstances VCS will gain the approval for such changes from the client where reasonably possible.

3. Product Warranty.

All products come with a minimum 12-month manufacturer's warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted by law.

Additional insurance and extended warranty periods may be requested direct with the manufactures and /or with our suppliers.

5. Data Protection.

Any information collected by Virtual Cloud Systems Ltd, including that gathered at the time of ordering and/or domain registration, is collected lawfully and in accordance with the Data Protection Act 1998. Virtual Cloud Systems Ltd data protection registration number is PZ868072X.

Virtual Cloud Systems Ltd do not sell or transmit any customer’s personal information, including email addresses, to any organisation for any purpose other than for providing services and / or processing orders placed with us (if necessary). We may share data with other organisations only with the express consent of the client.

6. Complaints.

Complaints regarding any service or product provided by Virtual Cloud Systems Ltd should be emailed with full details to email@rubinwright.com. Complaints will be dealt with the minimum of delay.

7. Consumer Rights.

Clients may cancel once the quote work has been approved but no monies paid will be refunded once ordering has occurred as most goods are made to order and are therefore nonreturnable. Statutory Consumer rights are unaffected by this Agreement.

8. Credit checks.

At the company’s own discretion it may carry out credit checks were necessary, payable by the client.

9. Liability.

The Company shall not be liable under any circumstances for any data loss as, consequential or economic loss or damage or any loss of profit, revenue or goodwill incurred or suffered by the Client.

Virtual Cloud Systems Ltd does not accept liability for viruses, or other malicious use of technology to attack, disrupt or inconvenience, whether deliberately or otherwise, the client. The company cannot guarantee that the goods and services supplied will operate error-free or that they will remain free of computer viruses or other harmful mechanisms. If your use of the goods or services results in the need for servicing or replacing equipment or data, the company is not responsible for those costs incurred.

10. Support Plans.

All support plans are subject to 30 days’ notice to terminate or alter the plan. No signup or cancellation fee is payable beyond the final invoice for the plan issued at the end of the calendar month following the month in which the cancellation / alteration is made.

Support plans cover any and all computer equipment and peripheral devices regularly used by a user in the environment to which the support plan pertains, and for the sole purpose of carrying out the work of or for the client.

Support for peripherals connected to users computers is included provided the attached items are normally used with that computer, by that user and do not require specialised support.

Hardware, Software & Third party services costs are not included unless otherwise stated.

New computer and/or network equipment installation is not included. These costs will be subject to a separate quotation.

Virtual Cloud Systems cannot make any guarantees for service uptime or response times.

Support plans do not include non-technical tasks including, but not limited to data entry or multimedia file management.

Support plans do not include support for residential or entertainment focused applications and / or hardware. Including, but not limited to Apple iTunes, Apple iPhoto, Microsoft Media Player, Televisions, Audio / Visual installations and controllers, games consoles or digital cameras.

Remote Plans are designated by the 'remote' moniker in the plan title and do not include any onsite work or visits. Support is offered verbally, by ticket, email and primarily via a secure remote connection to the users computer or equipment. This connection can be configured to require user intervention prior to the connection being made, but please note that this precludes any work being done without such intervention. Onsite work may be arranged subject to geographical location and additional charges will be applicable.

11. Fair usage policy.

Hardware / Software. We reserve the right to withdraw support for obsolete and/or irreparable hardware or software. Our engineers will monitor your IT hardware and software and will recommend upgrading or replacing it where deemed necessary, where a problem is severe we may withdraw support until the item is made fit for purpose. We will only ever do this prior to a failure.

Misuse or abuse. Virtual Cloud Systems will withdraw support in case of abusive behaviour towards any member of VCS staff. Virtual Cloud Systems also reserve the right to limit or terminate support where demand is significantly or consistently above predicted and / or average for the cover.

Telephone Support is offered as part of the Service agreement between the hours of 9.00am and 5.00pm Monday to Friday (excluding Bank Holidays). Email and Onsite Support is offered as part of the Service agreement between the hours of 9.00am and 5.30pm. Where an appointment commences outside of these times at the request of the client a charge of £160 per hour will apply. We will always notify you in advance if any additional charges are to be levied and may suggest that work be carried out outside of our regular hours for which there will be no additional charge.

12. Cloud Services.

VCS cloud services including, but not limited to VCS Monitored Antivirus and VCS Web Monitoring and Restriction Service utilise small applications that run on your computers and / or other devices and send data to the website of VCSs suppliers. It may be transferred to, and stored at a location outside of the EEA with adequate protection for such data transfers in accordance with European data protection legislation. By agreeing to engage our services you consent to this data transferal.

This data will only be used for the following purposes:

To administer, operate, maintain and improve the products, services and our suppliers website.

To provide you with information, newsletters and products or services that you request from us.

To notify you about any changes or provide you with support

To carry out our obligations, process and enforce our rights and that our suppliers arising from any contracts entered into between you and us such as communications related to payments and changes to our terms, conditions and policies.

To allow you to purchase and download products and participate in interactive features of our services, when you choose to do so.

For billing and accounting purposes.

For internal purposes such as performing research and analysis and to provide anonymous reporting internally or externally.

For any other purposes that we may disclose to you at the point at which we request your personal information and pursuant to your consent.

To prevent or take action against activities that are or may be in violation of the product end-user license agreement, the website Terms of Use or applicable law.

13. VCS Unlimited file backup.

VCS Unlimited file backup is offered as an ‘unmanaged’ service. You may backup as many files as you wish within the following terms of service, but VCS do not monitor the files or the backup application and it is the responsibility of the client to ensure the application is running and to notify VCS of any issues or problems with the service.

By using the VCS Unlimited file backup service you provide us with information, files, and folders that you submit. You retain full ownership of your files. We don't claim any ownership of any of your files. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Service, as explained below.

We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

We won't share your content with others, including law enforcement, for any purpose unless you direct us to or we are legally unable to deny access.

You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that VCS has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, or any other information you may be able to access using the Services.

Sharing; the Services provide features that allow you to share your files with others or to make your files public. There are many things that you may do with your files (for example, copy, modify or re-share). Please consider carefully what you choose to share or make public. VCS has no responsibility for that activity.

14. Scheduled maintenance and VCS services support.

Where a support plan includes or the client purchases Scheduled maintenance work VCS will ensure the equipment covered is functioning to a minimum standard and has the latest security and protection installed. This includes, but is not limited to OS and major application updates (including Adobe, Apple, Microsoft and Java), basic malware scans, check of network and peripheral device connectivity, security and anti-virus status check, driver and firmware checks and start-upprogrammes check.

The schedule frequency will be decided by VCS and arranged in advance in consultation with the client. Any request to provide maintenance more frequently than deemed necessary by VCS staff may incur additional charges.

 

15. .uk Domain registration and hosting.

By registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK. Their Terms and Conditions can be found at www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.

16. .com, .net Domain registration and hosting.

By registering a domain name within the .com or .net Top Level Domain (a “Domain Name”), you enter into a contract of registration with VCS, Heart Internet and Tucows. Details of the terms of this agreement are supplied here.

AGREEMENT.

In this Registration Agreement (“Agreement”) “you” and “your” refer to the registrant of each domain name registration, “we”, “us” and “our” refer to Tucows Inc. and “Services” refers to the domain name registration provided by us as offered through VCS and Heart Internet, the Registration Service Provider (“Reseller”). This Agreement explains our obligations to you, and explains your obligations to us for the Services.

SELECTION OF A DOMAIN NAME.

You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

FEES.

As consideration for the Services, you agree to pay Reseller the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). By submitting this Agreement, you represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and the Registry reserve the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which will entitle either us or the Registry to terminate this agreement immediately upon such breach without any refund and without notice to you.

TERM.

This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, the term of this Registration Agreement will be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

MODIFICATIONS TO AGREEMENT.

You agree that either we or the Registry may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.icann.org/udrp/udrp-policy-24oct99.htm and as such shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

MODIFICATIONS TO YOUR ACCOUNT.

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

DOMAIN NAME DISPUTE POLICY.

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please take the time to familiarize yourself with this policy.

DOMAIN NAME DISPUTES.

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of you, the registrant’s domicile, and the courts where we, Tucows, are located.

POLICY.

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, Registry, ICANN or government-adopted policy, (1) to correct mistakes by us or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

AGENCY.

Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to any third party licensee and that the third party agrees to the terms hereof.

ANNOUNCEMENTS.

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

LIMITATION OF LIABILITY.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

INDEMNITY.

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates and VeriSign, Inc., and its directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

TRANSFER OF OWNERSHIP.

The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

BREACH.

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

NO GUARANTY.

You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

DISCLAIMER OF WARRANTIES.

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

INFORMATION.

As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

(i) Your name and postal address (or, if different, that of the domain name holder);

(ii) The domain name being registered;

(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and

(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your Reseller

DISCLOSURE AND USE OF REGISTRATION INFORMATION.

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

REVOCATION.

Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “WHOIS” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.

RIGHT OF REFUSAL.

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.

SEVERABILITY.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

NON-AGENCY.

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

NON-WAIVER.

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

NOTICES.

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us or to Reseller to lhutz@tucows.com or [Insert E-mail Address for Reseller] or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to Reseller shall be sent to:

TUCOWS Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1 Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

ENTIRETY.

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

INFANCY.

You attest that you are of legal age to enter into this Agreement.

FORCE MAJEURE.

You acknowledge and agree that neither we nor the Registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

 

17. Disclaimer.

These terms and conditions constitute the entire agreement between the Parties and no additions or modifications to these terms and conditions shall be binding upon the Company.

If any part of our terms and conditions is determined by a UK court to be invalid, illegal, void or otherwise unenforceable under any current or future law, the remainder of our terms and conditions shall not be affected thereby.

These Terms and Conditions do not affect any of your statutory rights.