byGawaine.com’s website (‘our Website’) is provided by Gawaine Limited, whose registered address is Gawaine Limited, Belmont Suite, Paragon Business Park, Chorley New Road, Horwich, BL6 6HG (referred to herein as “Gawaine Limited,”, “us”, “we”, or “our”).
By accessing and using this Website and the digital services available on it, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, please cease using the Website immediately.
This Website requires users to be at least 18 years old. By using this Website and accepting these terms, you confirm that you are at least 18 years of age.
If you need to contact us, you can do so via email at hello@bygawaine.com.
Definitions and interpretation
The terms ‘you’ and ‘your’ refer to any individual, company or business to whom we provide our services including any person reasonably appearing to us to act with your authority.
‘Domain Name’ means the Internet address which have been registered with the central registration authorities on the Internet on your behalf.
‘your Website’ means the website associated with your domain name we deploy for you.
‘Customer’ means you the customer of our services under this Agreement .
‘Charges’ or ‘Fee’ means the amounts payable by the Customer to the Company under or in relation to the Agreement.
‘Service’ means the collective components making up your Website hosting service which includes, but is not limited to, the provision of internet connectivity, bandwidth, website storage, domain name registration and data back-ups.
The clause headings used in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of the terms of this Agreement.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
Any words in the singular include the plural and vice versa.
Privacy
All information you provide is governed by our Privacy Policy, which is available further down the page. By using our Website and submitting information to us, you agree to the terms of our Privacy Policy.
Website Content
We do not warrant or guarantee the accuracy, timeliness, performance, completeness, or suitability of the information and materials found on our Website for any purpose. The content may be updated or modified without notice. While we strive for accuracy, we disclaim liability for any inaccuracies or errors to the fullest extent permissible by law.
Any use of materials or information on our Website is at your own risk, and you are responsible for ensuring that any products, services, or information available through our Website meet your specific requirements.
Account Creation
When requesting an account, you guarantee that all information you provide is accurate and complete at the time of registration and remains so during your use of our Website. You agree to promptly update your details if they change.
Your account is protected by a password, it is your responsibility to keep it confidential. You are liable for any activities conducted under your account. We reserve the right to suspend or terminate any account immediately, at our discretion, if it is used in a way that breaches these terms or is otherwise inappropriate.
You can delete your account by contacting us at hello@bygawaine.com.
Intellectual Property
Unless otherwise specified in a specific product's description or specific terms, we own the intellectual property rights in all content available through our Website, including digital materials. You may not share, distribute, resell, or make the content available to third parties unless we provide you with express permission. Any unauthorized use may result in legal action.
By uploading or contributing content to our Website, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and store that content solely for the purpose of operating the Website and delivering services to you and your customers. You retain ownership of any intellectual property rights in your content. We reserve the right to remove or refuse any user-generated content.
You agree to fully indemnify us for any loss arising from user-generated content you upload or post to our Website or generate via the provided AI services.
You agree to fully indemnify us against all costs, expenses, liabilities, losses, damages, claims and judgments that we may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties
Availability of Services
Every effort is made to keep both our website and your website up and running smoothly. However, Gawaine Limited takes no responsibility for, and will not be liable for, either website being temporarily unavailable for any reason.
Where the provision of the Service is continually interrupted for greater than 48 hours, Gawaine Limited will reduce the following months Customer charge on a pro-rata basis by the total number of days impacted (rounding up to the nearest day).
Domain Name registrations
Subject to the payment of the applicable Charges in advance, Gawaine Limited will attempt to register the domain name agreed with the Customer but does not warrant that it will be able to do so. Gawaine Limited may reject in its sole discretion any request to register a particular domain name.
Charges in respect of domain name registrations are non-refundable unless registration is unsuccessful and no costs are incurred.
The Customer warrants that the information submitted for the purposes of a domain name registration is current, accurate and complete, that it has the legal right to apply for and use the domain name, and that its use of the domain name will not infringe any person's or company Intellectual Property Rights or other legal rights.
The Customer acknowledges that certain information submitted for the purposes of a domain name registration will be published on the internet via "WHOIS" services.
Gawaine Limited will not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by the Customer as a result of any domain name arbitration procedure or court proceedings.
Gawaine Limited will set the domain name retention to ‘auto renew’ on the AWS Cloud however if this fails or is not processed for any reason the customer accepts all liability in respect of the suspension or loss of a domain name.
At the time the Customer’s domain is due for renewal, if there are outstanding unpaid charges, Gawaine Limited will disable the ‘auto renew’ and not apply to retain the domain. The customer accepts all liability in respect of the suspension or loss of a domain name in this case.
Charges and Payment
Charges are payable monthly in advance via goCardless unless explicitly agreed otherwise in advance
Without prejudice to our other rights we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 8% plus the Bank of England base rate whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this Agreement for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
We can recover our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.
From time to time our suppliers increase their charges to us. While we will do everything we can to protect you from these rises, if we are forced to increase our charges we will give you 30 days notice via email.
Support
Requests for support should be to hello@bygawaine.com.
Your Responsibilities
You agree not to:
- Breach these terms.
- Engage in illegal or fraudulent activities.
- Reverse engineer the website or services made available via it.
- Upload any material which infringes the intellectual property rights of any other party.
- Upload content that is unlawful, defamatory, obscene, or infringes any third-party rights.
- Disrupt or harm the operation of our Website or your Website or other users’ enjoyment of it.
- Upload any virus to our Website which could infect our services or users of your Website.
- Do any act or omission the result of which would have the effect of bringing us into disrepute.
You agree to:
- Follow all online laws applicable to the location of your business and include required information such as but not limited to your business address and any required registration numbers on your Website.
- Ensure your Website meets all required accessibility laws.
- Seek legal advice for the content of your Terms of Use and Privacy Policy on your Website. The example, default content has been included for informational purposes only and does not constitute legal advice or a recommendation to use.
Where Gawaine Limited reasonably suspects that there has been a breach of the these rules we can suspend or terminate your service immediately without the requirement of prior notification.
High use policy
In the rare circumstances a Customer consistently exceeds the provisioned capacity based on our monthly charge, we reserve the right to charge for the excess costs incurred by Gawaine Limited.
We reserve the right to suspend or terminate your Website immediately in order to prevent the misuse of our service and to maintain maximum availability for other users. You may be offered alternate options including us hosting your Website for an additional fee.
Accessibility
We have attempted to make the pages on our Website accessible to individuals with disabilities in accordance with the UK Disability Discrimination Act 1995. If you are not able to access any part of our Website please contact us with details at hello@bygawaine.com.
External Content
Links to external websites or content may be provided for your convenience. We do not endorse or take responsibility for external content and accept no liability for any harm arising from your use of such content.
Third-Party Terms and Conditions
Some features or services on our Website (for example, payment processing) may be governed by separate terms and conditions. By using such features, you agree to comply with those third-party terms as well as our own.
Disclaimer, Indemnity, and Limitation of Liability
To the fullest extent permitted by law, we disclaim liability for any direct, indirect, or consequential losses arising from your use (or inability to use) of our Website, your Website or associated services. However, nothing in these terms shall limit or exclude our liability for fraud, misrepresentation, or personal injury caused by our negligence, or any other liability which cannot be excluded under UK law. Our Website, your Website and services made available on them are made available “as is” and “as available,” without any guarantee that they will be error-free or uninterrupted.
You agree to indemnify and hold Gawaine Limited harmless from any claims resulting from your breach of these terms or misuse of our Website or your Website.
Warranties
Subject to the provisions of this Agreement, Gawaine Limited gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
Force Majeure
We are not liable for any breach of this Agreement if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, terrorism, national or local emergency, protests, riot, civil commotion, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation, industrial disputes of any kind (whether or not involving our employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom we are not responsible (including in particular any service provider we rely on), or any other cause whether similar or dissimilar outside our reasonable control provided.
Termination by us
If you do not pay any charge when due or materially breach this Agreement in any other way we can terminate your service immediately without the requirement of prior notification.
If any sum payable under this Agreement is still outstanding one month after due or when your domain name registration renewal is due (whichever is first) we may at our discretion suspend your services.
Should we reasonably deem you a threat to the integrity of the our business whether as a result of your actions or threats of such actions or by hostility of your actions or due to any other reason which in our considered opinion would be against our business interest, then we can terminate this Agreement immediately without the requirement for prior notification.
We reserve the right to randomly inspect your Website and in the event that any unauthorized material has been uploaded to your Website, we reserve the right to inform the relevant authorities and to terminate this Agreement forthwith.
If you go into liquidation or (in the case of an individual or firm become bankrupt) make a voluntary arrangement or have a receiver or administrator appointed we can terminate this Agreement immediately without the requirement of prior notification.
Termination of this Agreement by us will result in the retaining by us of all monies received from you who will not be entitled to a refund of monies paid.
Upon termination of this Agreement you shall nevertheless remain liable for all charges due or which would have been payable under this Agreement.
On termination of this Agreement we will remove all materials held on our systems and remove all your system privileges.
Subject to our sole discretion after termination, if we agree that you may once again be reconnected to the service, any reconnection will be subject to an administration charge of £100 together with any outstanding charges payable prior to the reconnection.
How to Cancel
To cancel please give notice to hello@bygawaine.com 14 days before your next monthly payment date. The full month in which you cancel will be charged to help us cover any residual costs. If your domain name is not transferred to another provider within this period, your domain name will be taken offline on the date your next payment would have been due. At this point we will remove all materials held on our systems and remove all your system privileges.
Assignment
Gawaine Limited reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.
You may not assign or transfer any of its rights or obligations under this Agreement without our prior written consent.
Severance
In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
Governing Law
These terms and conditions are governed by the laws of England and Wales. All disputes arising in connection with these terms are subject to the exclusive jurisdiction of the courts of England and Wales.
General
These terms do not create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
If any part of these terms is deemed invalid or unenforceable, the remaining provisions remain in full effect.
Failure by us to enforce any provision of these terms does not constitute a waiver.
We may update or amend these terms at any time, and such changes will become effective upon their posting on our Website. It is your responsibility to review these terms regularly.
