General Terms and Conditions of Service

1. Commencement of this Agreement

1.1 This Agreement will only commence when We provide You with written confirmation that your Order has been accepted.

1.2 The information that You provide to Us must be complete, accurate and up to date at all times. We reserves the right to suspend access to Your account and Services if We believe any information You have supplied to Us is inaccurate.

3. Duration and Renewal of Services

3.1 Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in accordance with Clause 4 below will automatically be renewed for further periods.

3.2 In the event a FREE domain (subject to availability) is included with the purchase of a new package with a 12 month minimum term contract, you must add the domain to your basket before purchase. This free domain offer applies only to the contract term of the initial purchase. After the contract term of the initial purchase, domains purchased through this offer will renew at the regular price.

5. Registration of Domain Name(s)

5.1 We do not accept responsibility nor do We make any warranty that the domain name(s) requested by You will be accepted for registration in the register of the Naming Organisation nor will We be liable for any incidental costs You incurred if the application for Registration is unsuccessful. We do not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by You.

5.2 Upon successful Registration We will manage Your domain name(s) for the Initial Registration Period and for such time as it remains registered to You subject to such rules of the applicable Registry in force from time to time and which can be assessed through https://www.ionos.co.uk/terms-gtc/terms-registration.

5.3 Notwithstanding Clause 5.2, We reserve the right to suspend or to cancel any application for Registration or refuse to manage a domain name(s) in the circumstances set out in Clause 4.4 of this Agreement.

5.4 Once We fulfil Your domain Order, We shall notify You of the successful registration of the domain name(s). We will manage Your domain name(s) for the initial registration period and for all future renewals. Unless You set your Domain to expire via your Control panel prior to the expiry date, We will automatically renew your Domain. You authorise Us to debit Your account for the initial registration period and any subsequent renewals.

5.5 You acknowledge that any disputes arising out of the use of Your domain name(s) requested by You may be resolved for as follows:

• For .uk UK domains in accordance with the Nominet UK Dispute Resolution Service (DRS), which can be accessed at https://www.nominet.uk/domains/resolving-uk-domain-disputes-and-complaints/
• For gTLD domains in accordance with the ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), which can be accessed at http://www.ican.org/udrp.html which may impose restrictions on the termination or transfer of the domain name(s) with its current host during or pending during the settlement of such a dispute.
• For nTLD domains in accordance with ICANN’s Uniform Rapid Suspension Process (URS), which can be accessed at https://www.icann.org/resources/pages/urs-service-provider-application-process-2015-11-23-en
• Any other disputes must be referred to the compliance department at compliance@ionos.com.

5.6 You shall be permitted to transfer Your domain name(s) to another Registrar other than Us upon termination of this Agreement in accordance with Clause 4.

5.7 You agree that for reasons of security and in accordance with ICANN and other registry policies, We shall apply a transfer lock.  Such transfer lock may include but not be limited to domain name registration, the transfer of a domain name and any Material Changes to the domain name owner details to protect the transfer of a domain name. You will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain which has been applied for by third parties.

5.8 You acknowledge and agree that We, Our agents, assignees or licensees may, upon registration of Your domain name, associate any data of any kind, in Our sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until You replace such data with the Web Site. This paragraph shall apply to any and all web pages generated by Us, whether in connection with HTML standard response codes or otherwise, including but not limited to 404 webpages.

5.9 You acknowledge and agree that in the event of a Material Change, You are responsible and liable for such Material Changes.

5.10 By ordering or applying SSL Certificates in connection with our products, you acknowledge and agree to comply with the Digicert’s Terms and Conditions.

5.11 In the case of a tariff with unlimited SSL certificates, the customer receives an SSL Wildcard certificate for each domain for which he has a current contract with IONOS. The SSL Wildcard certificate can be used for all domains administered by IONOS. If the customer concludes a new contract which includes a domain with IONOS another SSL Wildcard certificate will automatically be assigned. As soon as the SSL Flatrate Subscription is cancelled the SSL certification(s) will be cancelled immediately. If customers use the change Feature from Paid SSL (SSL Starter, SSL Starter Wildcard, SSL Business, SSL Business Wildcard, SSL Premium) certificate to SSL Flatrate the remaining term of Paid SSL will not be refunded and will be cancelled.

7. 30 DAY MONEY BACK GUARANTEE

7.1 Money Back Guarantee claims must be received within 30 days of the initial order being placed. This must be done by contacting the cancellation team.

7.2 In order to qualify for the Guarantee, any request for cancellation must include the following information; Full name of account holder, IONOS account number, email address, telephone number and reason for cancellation.

7.2 The 30 Day Money Back Guarantee applies to new MyWebsite, Hosting, Server, Mail and eShop, and Online Marketing packages including Local Business Listing (List Local), Google Ads Management Service, Search Engine Optimisation Tool (rankingCoach) and Email Marketing Software and is limited to the Your initial purchase, and any additional or optional Services or features added from the Control Panel by You.

7.3 The 30 Day Money Back Guarantee does not apply to any domain packages, new orders of additional domains added from the Control Panel by You, any IONOS website and e-commerce design service, IONOS Dynamic Cloud Server performance features on top of the minimum configuration, and IONOS Cloud Ltd. Search Engine Marketing packages.

7.4 The 30 Day Money Back Guarantee does not apply to any third party budgets that have been spent up to the point of the Money Back Guarantee claim. This includes but is not limited to ad budgets spent in the course of the following products: Local Business Listing (List Local), Search Engine Optimisation Tool  (rankingCoach) and Google Ads Management Service.

7.5 You agree that if any other Services are attached to Your contract that you wish to cancel, these will also be cancelled.

7.6 The 30 Day Money Back Guarantee does not apply to certain offers and promotions including, but not limited to, packages ordered with the software bundle and Best Buy campaigns which usually come with Minimum Term Contracts. We recommend that You check the Terms & Conditions applicable to the offer before placing an order.

7.7 The 30 Day Money Back Guarantee is not available where you have breached any part of these General Terms & Conditions including but not limited to an account that has been suspended or terminated as a result of such breach.

9. Pricing, Payments and Change of Services

9.1 Payment in respect of all Services is on demand.

9.2 We will automatically generate an invoice in respect of the next period unless the Services have been cancelled in accordance with clause 4 above. All invoices are delivered electronically to You via email and are available via the Customer Control Panel at https://my.ionos.co.uk. You are responsible for checking receipt of all invoices. No hard copy invoices will be sent by post.

9.3 Payment will be taken automatically following delivery of Your invoice and will be non-refundable. In the event that any automatic payment should fail, the invoice will be considered overdue and immediately payable.

9.4 We reserve the right to change the prices and/or nature of our Services by giving You 30 days written notice of those changes. Notice of changes to prices and/or Services will be given by email to the email address we hold for your account. Any price change will take effect automatically upon a renew al of the Agreement.

9.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes. Payments can only be made by a valid Credit/Debit Card, Direct Debit or through PayPal.

9.6 You warrant that You are authorised to use Your chosen method of payment. If You are not the named cardholder, You acknowledge that You and the named cardholder both agree to be bound by the terms of this Agreement and are jointly and severally liable for all payments under this Agreement. You agree to indemnify and hold Us harmless in the event that the cardholder or issuer declines any payments to Us including all of our costs in administering your non-payment and obtaining the payment due to Us by You.

9.7 We reserve the right to suspend all Services until payment is received in full and all outstanding charges are cleared. Any non-payment of a recurring invoice may be subject to an administration charge. You are responsible for all money owed to Us under the terms of this Agreement until it is terminated. You are also responsible for any additional costs incurred by Us in taking steps to recover any sums due by You.

9.8 You will pay any Additional Charges as may be required from time to time by Us for reactivation of the Services due to disconnection.

9.9 You are required to provide Us with valid contact details and a valid payment method at all times during the term of this Agreement. If any of this information is found to be invalid, we reserve the right to suspend access to your account.

9.10 If your chosen payment method is cancelled or changed for any reason then You must notify Us immediately and provide Us with details of an alternative payment method.

9.11 Payments processed by third parties are also subject to those third parties' terms and conditions of service and We make no representations and provide no warranties with respect to those third party services.

9.12 You shall not be entitled to set off a credit against any amount owed to Us pursuant to the Agreement.

9.13 If You fail to pay all sums due to Us, We reserve the right to interrupt, suspend or cancel your Services (from day 7 after the payment's due date). Such action is without prejudice to Our right to recover any and all outstanding sums from You and Your obligation to pay the same to Us. 

9.14 We reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You

11. Third Party Users

11.1 All Services provided by Us to You are intended for Your use only. You agree that any decision to resell, store or giveaway any of the Services to third parties is undertaken on the basis that You accept sole responsibility for ensuring compliance with this Agreement and the terms and conditions relevant to any chosen Services by third parties. You agree to indemnify and hold Us harmless against any losses caused or damage suffered as a result of a breach by any third parties.

11.2 We accept no liability to You or any third parties for losses arising from third party use of Your Services as set out above.

13. Data

13.1 All data created or stored by You within our applications and servers are Your property. We make no claim of ownership of any web server content, email content, or any other type of data contained within Your server space or within applications on servers owned by Us.

13.2 You are responsible for ensuring that you maintain adequate and up to date back up copies of all of Your data that You upload onto Our servers or build through Our tools. This should include, but not limited to all written content, images, photographs and screenshots of Your data.

13.3 In the event of loss of or damage to Your data arising out of Your actions or actions undertaken on your behalf, We will not provide You with access to any data stored by Us for archiving or backup procedures except at our sole discretion.

13.3 In the event of loss of or damage to Your data, howsoever caused, We, in no circumstances, will be liable to recover Your data. We will not provide You with access to any data stored by Us for the purposes of Our own platform stability and business continuity.

13.4 In the event of loss of or damage to Your data relating to a failure in our systems or servers, We will make reasonable commercial efforts to assist You with restoring Your data. Notwithstanding this, however, You accept full responsibility for maintaining adequate backup copies of all Your data.

13.5 To the extent that We access or hold personal data which is submitted by you for use with the Services, the terms of the Our Data Processing Agreement, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.

13.6 6  You shall indemnify Us and hold Us harmless against all damages, losses and expenses arising out of a third party claim of intellectual property infringement in respect of Your content or data.

15. Your personal details

15.1 You warrant that the contact information You provide to Us is correct, and that You will update this information immediately, as required from time to time. You agree that We may suspend access to your account and the Services if we reasonably believe that the information You have supplied is inaccurate.

15.2 You accept that if Your account is paid for by another party, who has agreed to be bound by the terms of this Agreement that party and who has access to Your account password, We may discuss your account with that party and take instructions from them in relation to the account.

15.3 We reserve the right to email You with information about product offerings We believe may be of interest to You from time to time. You may unsubscribe from marketing communications at any time.

17. Liability

17.1 We shall not be liable for any loss or damage of any nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.

17.2 We will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

17.3 No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort or in any other way and whether or not caused by negligence or misrepresentationshall not exceed a sum equal to the fees paid by You for the specific Services in relation to which Your claim arises during the 6 month period prior to such claim.

17.4 Nothing in this Agreement shall operate to exclude or limit our liability for: 18.4.1 death or personal injury caused by our negligence;

• any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;
• fraud; or
• any other liability which cannot be excluded or limited under applicable law.

17.5 Neither party shall be liable to the other under or in connection with this Agreement or any collateral contract for any:

• loss of revenue;
• loss of actual or anticipated profits;
• loss of contracts;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of reputation;
• loss of, damage to or corruption of data; or
• any indirect or consequential loss, however arising regardless of whether such loss or damage w as foreseeable or in our mutual contemplation and whether arising in or caused by breach of contract, tort, breach of statutory duty or otherwise.

19. Non-Waiver

Our failure to require You to perform any of your obligations under this Agreement shall not affect Our right to require such performance at any time in the future and nor shall the waiver by Us of a breach of any provision be taken or held to be a waiver of the provision.