Terms & Conditions
By confirming an order with 3rdfusion you agree to comply with all of the Terms and Conditions set out in this Agreement.
3rdfusion reserves the right to modify this agreement at any time, the latest version can be found at http://www.3rdfusion.com/terms.php. Clients are responsible to read this document to ensure that they remain in compliance with this Agreement.
Services
3rdfusion does not directly provide new domain registration or web hosting services. 3rdfusion is able to provide these services on behalf of the Client through a third party. Domain name registration is subject to availability, and in some cases proof of Ltd company registration is required.
Ecommerce payment capabilities are provided via a third party payment gateway. All fees associated with the setup and running costs of the payment gateway are the responsibility of the Client. Please also refer to the terms and conditions provided by the third party.
No refunds can be given for payment of third party services purchased on behalf of the Client. 3rdfusion takes no responsibility for any "down time" or problems incurred from services provided by a third party.
Services offered by 3rdfusion may change or be withdrawn at anytime without notice and for any reason. When referring to "pages" in respect to a web site 3rdfusion has the final decision on the maximum content contained in a given page.
3rdfusion cannot guarantee a specific position on any search engine; however 3rdfusion will take the necessary steps to optimise the Client's website adhering to the regulations governed by the major search engines such as google.com.
Payment
After reaching a sufficient understanding of the services the Client requires, 3rdfusion will provide an exact quote, this will not change without prior discussion. If required 3rdfusion will supply several designs to choose from. Once a design has been agreed the Client is not entitled to change the design except at the discretion of 3rdfusion.
3rdfusion require 50% of the payment before work commences. The remaining 50% will be due within 14 days of completion of the order. Once paid, any fees are non-refundable. Should payment not be received or is returned 3rdfusion reserve the right to remove the Client's website and retain copyright of the website design and layout, and terminate any associated services.
3rdfusion currently accepts payments via cheque, bank transfer and cash if hand delivered.
Payment for domain name and hosting re-registration must be made at least 2 weeks prior to the expiry of these services. Failure to do so will result in the release of the domain name and hosting. 3rdfusion accepts no responsibility for loss of a domain name due to failure of re-registration payments. On completion of the Client's website, the Client will be advised of the expiry date of these services and the action required to re-register. It is the Client's responsibility to retain this information for future reference.
All fees are quoted and billed in UK pounds sterling.
Domain name registration
The Client agrees to provide 3rdfusion with the following information in order to process the domain name registration:
(i) the domain name to be registered
(ii) the domain name holder's name and mailing address
(iii) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name
Limitation of Liability
You agree that 3rdfusion shall, under no circumstances, be liable for any damages resulting from loss of profits, arising out of or in connection with this Agreement. In particular 3rdfusion will not be liable for the following:
(a) suspension or loss of your domain registration
(b) use of your domain name registration
(c) interruption of your business
(d) access delays or interruptions to any web sites accessed by your registered domain name
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data
(f) events beyond the reasonable control of 3rdfusion
(g) processing of an application for domain name registration
(h) application of the Dispute Policy
3rdfusion shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.
Client Responsibilities
Client's are responsible for providing accurate order information at all times, including payment and contact information. The Client is required to provide 3rdfusion with all content and graphics/photos where applicable. It is the Client's responsibility to proof read and assure the accuracy of the content. 3rdfusion reserves the right to exclude any content, for any reason.
Privacy
3rdfusion's purpose in collecting personal information is to identify the Client as well as to send recent updates and important announcements via post and/or email. No part of the information provided would be sold, disclosed, or made accessible to third-parties or to the public. This excludes the information provided to register the Client's domain name, which will be visible to the public via the WHOIS record.
The Client's Indemnification of 3rdfusion: The Client shall indemnify and hold 3rdfusion and its directors, officers and employees harmless against all claims, loss, damages, liability or expenses that 3rdfusion may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with the Client's use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by the Client of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by 3rdfusion in connection with any legal, collection or other proceedings brought by 3rdfusion against the Client related to this Agreement.
Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the United Kingdom of Great Britain and Northern Ireland, without reference to its conflicts of laws principles. The Client may be subject to other local, provincial or state and national laws. The Client hereby irrevocably submits to the exclusive jurisdiction of the Courts of the United Kingdom of Great Britain and Northern Ireland for any dispute arising under or relating to this Agreement and waive the Client's right to institute legal proceedings in any other jurisdiction. 3rdfusion shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where the Client resides, do business or have assets.
Force Majeure
3rdfusion shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.
Statutory Rights
These terms & conditions do not affect the Client's statutory rights as a consumer.
Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding between 3rdfusion and the Client with respect to 3rdfusion's Services and super cedes any other written or oral agreement.