1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Services, as explained in Clause 8;
"Order" means your order for the Services;
"Order Confirmation" means our acceptance and confirmation of your Order;
"Services" means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
"Our Site" means conquerdomains.com;
"We/Us/Our" means Conquer Domains Ltd, a limited company registered in England under 10508066, whose registered address is 1 Brownlea Gardens, Ilford, Essex, IG3 9NL.
2. Information About Us
Our Site, conquerdomains.com, is owned and operated by Conquer Domains Ltd, a limited company registered in England under 10508066, whose registered address is 1 Brownlea Gardens, Ilford, Essex, IG3 9NL.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
Consumers may only purchase Services if they are at least 18 years of age.
5. Section Not Applicable
6. Section Not Applicable
7. Services, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
7.2 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
7.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed.
7.4 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you via email before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 5 days, We will treat your Order as cancelled and notify you of the same via email.
7.5 In the event that the price of Services you have ordered changes between your Order being accepted and Us processing that Order and taking payment, you will be charged the price stated in the Order Confirmation.
8. Orders - How Contracts Are Formed
8.1 We will fully guide and advise you through the ordering process via email. Before placing your Order with Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before confirming it with Us.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance.
8.3 Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation via email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you ("the Contract").
8.4 Order Confirmations shall contain the following information:
8.4.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
8.4.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, payment breakdowns and other additional charges;
8.5 No payment shall be taken if We, for any reason, do not accept or cannot fulfil your Order.
9.1 All payments are non-refundable as We will immediately commence work on the Services ordered upon obtaining your financial commitment.
9.2 Payment for Services will be due in the form of an initial non-refundable payment of an agreed percentage (currently 10%) of the total price for the Services. This payment covers the initial planning and design phase and provision of mock-ups and/or drafts in line with the types of Services ordered. This phase will typically take between 1 to 3 calendar days depending on the type of Services ordered.
9.3 The initial payment, as described above, needs to be made after the 24 hour cooling off period (as explained in Clause 11) and before We will begin any work on the Services ordered.
9.4 We will invoice you for the remaining sums due after you have confirmed acceptance, via email, of the mock-ups and/or drafts provided. This non-refundable payment covers the development phase of the Services ordered. This phase will typically take between 1 to 5 calendar days depending on the type of Services ordered.
9.5 Price and payment breakdown details will be confirmed in the Order Confirmation.
9.6 We accept the following methods of payment:
9.6.1 Credit cards;
9.6.2 Debit cards;
9.7 We do not charge any additional fees for any of the payment methods listed in sub-Clause 9.6
10. Provision of the Services
10.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in Our sector, and in accordance with any information provided by Us about the Services and about Us. Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period. We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
10.2 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 16 for events outside of Our control.
10.3 If We require any further information or action from you in order to complete the Services, We will inform you of this as soon as is reasonably possible.
10.4 If the information you provide or the action you take under sub-Clause 10.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
11. Your Right to Cancel (Cooling Off Period)
11.1 You have a right to a "cooling off" period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed. The period ends at the end of 1 calendar day (i.e. 24 hours) after that date.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period by contacting Us as described in Clause 17. Cancellation via email is effective from the date on which you send Us your message.
11.3 We will not take any payment from you during the cooling off period.
12. Cancellation After the Cancellation Period
12.1 Cancellation of the Contract by you after the 1 calendar day cooling off period has elapsed and after payment has been made shall cause Us to cease all further work on the Services ordered.
12.2 All payments are final and non-refundable as explained in sub-Clause 9.1
12.3 If you wish to cancel under this Clause 12, you must inform Us of your decision to do so by contacting Us as described in Clause 17.
13. Our Rights to Cancel
13.1 We may cancel the Contract due to an Event outside of Our control that continues for more than 5 days (as under sub-Clause 16.1.4), or due to the non-availability of required personnel and/or other resources necessary for the provision of the Services. If We have taken payment any such sums will be refunded to you without undue delay (and in any event within 14 calendar days), and made via the same payment method originally used by you.
13.2 We may cancel the Contract immediately via an email notice in the following circumstances:
13.2.1 You fail to make a payment as set out in Clause 9; or
13.2.2 You breach the contract in a material way and fail to remedy the breach within 5 days of Us asking you to do so via email.
14. Problems with the Services and Your Legal Rights
14.1 We always use reasonable endeavours to ensure that the provision of Our Services are trouble-free. If, however, there is a problem with the Services please contact Us, as described in Clause 17, as soon as is reasonable possible.
14.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
14.3 We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.4 will apply and We may charge you for the remedial work.
14.4 As a consumer, you have certain legal rights with respect to the purchase of Services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days), and made via the same payment method originally used by you.
15. Our Liability
15.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
15.2 We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.3 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
15.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
15.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
16. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
16.1 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
16.1.1 We will inform you as soon as is reasonably possible;
16.1.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
16.1.3 We will inform you when the event outside of Our control is over and provide details of any new delivery dates and times as necessary;
16.1.4 If the event outside of Our control continues for more than 5 days We may cancel the Contract and inform you of the cancellation via email;
16.1.5 If an event outside of Our control occurs and continues for more than 5 days and you wish to cancel the Contract as a result, you may do by contacting Us as described in Clause 17.
16.1.6 Any refunds due to you as a result of such cancellation will be issued to you without undue delay (and in any event within 14 calendar days), and made via the same payment method originally used by you.
17. Communication and Contact Details
If you wish to contact Us for any reason, you may contact Us in one of the following ways:
17.1 By email at firstname.lastname@example.org;
17.2 By filling in the form on our Contact Us page.
17.3 By telephone on 0208 599 3263;
17.4 In writing to Conquer Domains Ltd, 1 Brownlea Gardens, Ilford, Essex, IG3 9NL.
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using any of the methods listed in clause 17.
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us via email. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express permission.
19.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
19.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
19.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
19.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
20. Law and Jurisdiction
20.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
20.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
20.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.