Terms and Conditions

1. Service Obligation

1.1    CA Marketing will use reasonable endeavours to ensure a prompt and continuing service as described in the specification (“the Service”) but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of CA Marketing, or by errors or omissions of the Customer.

1.2    CA Marketing specifically excludes any condition of warranty as to the accuracy of third-party information received through the Service.

1.3    CA Marketing will not be held liable for indirect, economic or consequential loss whatsoever.

1.4    The liability of CA Marketing in contract or in connection with the supply of the Service shall be limited in respect of any one event or a series of two or more connected events to the value of the domain name(s).

1.5    Once a domain name has been registered, if a customer wishes to cancel, there will be a cancellation fee equivalent to the sum of the customers 1-year contract.

1.6    Any estimates made to dates and time of completion of the services, or any element of the services, are only business estimates and in the event that completion is delayed, no liability direct or indirect or otherwise will accrue to the company.

1.7    Breach of Terms and Conditions by customers shall lead to termination of Service with no entitlement to refund.

1.8    All fees paid are non-refundable and once registered domain names cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.

1.9    CA Marketing will usually respond to contact within 2 business days but could take up to 5 business days to respond.

2. Contract Of Service

2.1    All charges for domain name renewal are invoiced on a yearly basis. If you have paid by debit or credit card, we may charge a payment for subsequent renewals to the card details provided. We will contact you in advance of doing so. You can withdraw this authority at any time by letting us know in writing as per cancellation terms. CA Marketing maintain all customer records and payment information on a secure encrypted server.

2.2    The contract period shall be for the whole term of fees paid by the Customer until the expiry of the valid domain name period usually one year from the date of registration. 30 days notice of cancellation must be received in writing, prior to the renewal date of a domain name or any other products.

2.3    CA Marketing may elect to suspend or terminate the Service immediately on any default of payment by the Customer.
From time to time parts of the CA Marketing network may be taken off-line for repair or routine maintenance.

2.4    Should a client decide to terminate the contract prematurely and move their website without notifying CA Marketing, we wish to emphasize that the client remains liable for the remaining balance of the contractual agreement. This includes any outstanding payments for services rendered or scheduled payments for the duration of the contract. Furthermore, should a client revoke access to the website whilst under contract with CA Marketing, they are obligated to pay the remaining balance of the contract.

2.5    The client agrees to promptly notify CA Marketing of any changes in their personal or business circumstances. This includes, but is not limited to, changes in address, contact information, company name, ownership, or any other material changes that may affect the client’s account or services provided. Notification must be made in writing. Failure to report these changes may result in disruption of services, and CA Marketing will not be held liable for any consequences arising from the client’s failure to inform us of these changes.

2.6    At CA Marketing, we are committed to prudent financial management and responsible decision-making. As part of our ongoing efforts to enhance operational efficiency, we have instituted a policy regarding the review of renewal costs proposed by staff members below the management level.

Renewal costs put in writing by members of staff under the management level will be subject to review at the discretion of senior members of staff at CA Marketing.

This review process is implemented to achieve the following objectives:

• Experienced Evaluation: Senior members of staff possess extensive experience and expertise, enabling them to comprehensively assess renewal cost proposals within the context of our organizational goals and financial strategies.
• Financial Accountability: We aim to maintain fiscal responsibility by ensuring that all proposed renewal costs align with our budgetary constraints and contribute positively to our strategic objectives.
• Transparent and Fair Process: We remain committed to transparency and fairness in our operations. The review process will be conducted professionally, respecting the valuable input and ideas contributed by staff members at all levels.
• Collaboration: This policy encourages continued collaboration and engagement from all employees. Your input remains essential in our decision-making process, and this policy seeks to enhance the overall quality of our financial decisions.

If you have any questions or require further clarification regarding this policy, please do not hesitate to reach out to your account manager or the accounts department.

2.7    CA Marketing will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to Act of God, inclement weather, act of telephone or Governmental organisations or power failure.

2.8    Unlimited changes with all our packages are permitted free of charge under a fair usage policy.

2.9    CMS and E-Commerce sites are sold with the expectancy that clients will make changes to these sites themselves. Therefore changes to CMS and E-Commerce sites are chargeable based on the duration and complexity of the alterations required.

3. Payment Terms

3.1    As all website packages are paid for in full by ourselves when the domain name is registered and therefore costs have been incurred, if the artwork pack has not been returned within 60 days, the remainder of the money owed will be taken.

3.2    Any monies owed are due on completion of works, failure to make payment may result in the suspension of all services.

4. Improper Use & Liabilities

4.1    The Customer shall acknowledge that he/she will only use the Service for lawful purposes. The Customer shall not use the Service to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property (including any trademark or Copyright). This extends to violations due to any spamming and or bulk email activity for which CA Marketing can and will follow up in the Courts of Law.

4.2    The Customer shall take reasonable precautions to prevent the reception and transmission of viruses to the CA Marketing Network and beyond and shall not attempt any intentional and malicious damage to the CA Marketing Network or use the Service to affect other computers.

4.3    It is the Customer’s responsibility to keep all user names and passwords secure and not let third-parties knowledge or access them or to store them on any computer in plain text or in a format that is easily accessible.

4.4  Editor access privileges on the Customers site are granted solely for the purpose of making alterations to existing content. The creation of new pages, posts, or any other substantial new content must not be undertaken without a prior written agreement with CA Marketing. Unauthorised use of editor access for creating new content may result in the revocation of editing privileges and other possible penalties.

4.5    The Customer will notify CA Marketing immediately by telephone or e-mail in any event of a username or password becoming known to a third party.

4.6    The Customer hereby indemnifies CA Marketing or its trading concerns against any action taken by a third party resulting from the Customer’s use of the Service.

4.7    The Customer shall notify CA Marketing of any action taken against them by a third party and will not hold CA Marketing liable for any resulting costs.

4.8    The Customer shall be responsible and liable for any costs to telephone companies by use of the Service from their point of connection.

4.9    The Customer acknowledges that CA Marketing cannot exercise control over the content of information passed across the Internet and via the Service.

4.10    The Customer agrees to conform to the acceptable policies of connecting to other networks or computers across the Internet.

4.11   CA Marketing is not liable to provide a solution to any problems caused by any persons editing the website outside of the organisation. CA Marketing is not liable for any damage caused to the website outside of the company.

5. Sub-Lease/Re-Selling Restrictions

5.1    The Customer agrees not to re-assign, re-sell, sub-lease or transfer their account in any way, shape or form without the proper procedures being followed as required by the appropriate domain name registry. Contravention shall lead to immediate termination of the Service to the Customer by CA Marketing.

6. Client Obligation and Restrictions

6.1    As a client of CA Marketing it is requested that you are responsive to our queries and questions. CA Marketing is best equipped to represent you when we are well informed. This included but is not limited to: change of circumstance, change of business name or contact details, should you cease trading or should you plan to.

6.2    Clients are hereby informed that ANY & ALL forms of abuse to our staff whether Degradation, Criticism, Threats, Profanities, Racism or Discrimination will result in immediate termination of services with no entitlement to refund nor compensation.

7. Service Agreement

7.1    Any domain transfers should be made in writing via email only and no refunds will be due for domain registrations.

7.2    Domain transfer requests – (provided all details are correct and procedures followed by the customer)will be carried out by CA Marketing assuming all outstanding invoices/balances have been settled by the customer with CA Marketing.

7.3    Domain Name transfers will only take place if the customer provides IPS tags within 28 days of initiating a transfer.

7.4    Once a domain name has been transferred to another Registrar, all services and accounts relating to that domain name are terminated. CA Marketing takes no responsibility for any issues with a domain name (or services related to it) after this time.

7.5     By registering any .UK domain with CA Marketing you are also agreeing to the terms and conditions set out by Nominet, these can be found here: https://www.nominet.uk/go/terms

8. Direct Debit Payments

8.1    CA Marketing use GO CARDLESS for our Direct Debit Payments

8.2    This Guarantee is offered by all Banks & Building Societies that take part in the Direct Debit Scheme.

8.3    The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society.

8.4    If the amounts to be paid or the payment dates change, CA Marketing will notify you 6 working days in advance of your account being debited or as otherwise agreed.

8.5    If an error is made by CA Marketing or your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid.

8.6    If you fail to pay any amount due on the Direct Debit payment date we will take steps to collect on the next available collection date. Should your failure to pay continue for more than 30 days your usage will be suspended whilst we recover the amounts due under this agreement.
Failure to pay any amounts due under this agreement which we have been unable to recover will result in your details being passed on to a Debt Recovery Agency for them to take recovery action. Please note this action may affect your future credit rating.

8.7    Upon cancellation, there is a cancellation fee to the equivalent of the customers 1-year contract.

8.8    If a direct debit payment fails, a charge of £5 will be made to the account for every attempt made to collect the payment.

8.9    You agree that if a direct debit fails, CA Marketing will automatically process the missed payment on the alternate card details you have supplied.

8.10    In order to fully own the website we have designed for you including the copyright, you must complete two full years of service with ourselves or the equivalent amount in a one off payment.

9. General Terms & Law

9.1    CA Marketing reserves the right to do normal system housekeeping such as creating back-ups and do not accept responsibility for ensuring backup works though – your data security is your own problem.

9.2    If CA Marketing suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which our lawyers advise us to do in the protection of the system.

9.3    This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the CA Marketing service.

9.4    You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and CA Marketing as a result of your use of CA Marketing. You agree not to hold yourself out as a representative, agent or employee of CA Marketing. You agree that CA Marketing will not be liable by reason of any representation, act or omission to act by you.

9.5    Each respective Registry (ie Nominet, InterNic etc…) will notify the legal registrant of the disputed domain(s) of their position and liaise with all parties in dispute as determined by their respective terms and conditions of service provision. CA Marketing cannot enter into any direct involvement with the resolution of any dispute other than inform and relay to its client any information supplied by the appropriate Registry as we have no ultimate control over any domain assigned by any Registry.

9.6    In the event that it is discovered that you have any association or connection with an existing account that is in arrears, CA Marketing reserves the unequivocal right to terminate your contract with immediate effect, unless any outstanding balance associated with the aforementioned account is paid. This action is taken to uphold the integrity of our business relationships and ensure compliance with our contractual obligations.

9.7    CA Marketing under intellectual property and internet law reserve the right to cancel and/or remove services if a customer is found to be causing/writing anything that is factually untrue and is potentially damaging towards CA Marketing, this includes libel, slander and defamation of character.

10. Intellectual Property Rights

10.1    All information, both text and pictures supplied by the customer is copyrighted to the customer. All information, both text and pictures supplied by CA Marketing is copyright to CA Marketing. All website designs are also copyrighted by CA Marketing. We reserve the right to place our banner on all websites that we produce.

10.2    In the event that the customer cancels their subscription to CA Marketing, or requests a transfer away from CA Marketing, all information owned by the customer can be retained. However the website itself will be taken down from the world wide web. Any attempt to claim the work of CA Marketing as their own by a current or former customer is in breach of our intellectual property rights and may result in legal action.

10.3    Any 3rd party software or plug-ins purchased by CA Marketing for use on the customers’ website is licensed to CA Marketing. These licenses are non-transferrable in the event of cancellation or transfer of website services.

11. Cancellation & Refund Policy

11.1    When customers join CA Marketing you adhere and agree to the following terms should you wish to cancel.

11.2    Payments made to CA Marketing in return for a product or service are B2B (business to business) transactions, the refund & cancellation policy is governed by the contract made at the point of sale. All sales are final, refund requests will be reviewed and issued at the discretion of management.

11.3    When transferring a domain name held by CA Marketing you will pay a transfer/admin fee equivalent to one years service.

11.4    We retain the copyright of the design/infrastructure of the website, all content on this design is held by you.

11.5    Upon cancellation, there is a cancellation fee to the equivalent of the customers 1-year contract. 30 days notice of cancellation must be received in writing, prior to the renewal date of a domain name or any other products.

11.6    If a customer should cancel their Direct Debit prior to clearing the balance, the full remaining balance of the contract will be due immediately, and CA Marketing reserve the right to suspend any services until resolved.

12. Complaint & Escalation Process

12.1    Here at CA Marketing we take complaints and customer dissatisfaction very seriously.

12.2    If you have a complaint to make about CA Marketing or any of our staff members, please contact us via email at info@ca-marketing.co.uk. We will acknowledge the complaint within 5 working days. Complaints are investigated thoroughly and confidentially, and you will be informed of our resulting decision in writing within 10 working days.

12.3    If you would like to make a report about any abuse such as phishing, spam etc, you will need to send an email to info@ca-marketing.co.uk and we will respond to you within 5 days.

12.4    If you are unsatisfied with our decision, you are also able to make a formal complaint about a registrar to Nominet (the .uk registry) here: https://nominet.uk/complaints/

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