General Terms and Conditions
These General Terms and Conditions set out the terms and conditions under which Staq will provide services to Customers. These General Terms and Conditions set out the Customer’s legal rights and remedies and should be read carefully prior to ordering any Services.
The Customer’s attention is specifically drawn to the provisions of clauses 9 and 10 of these General Terms and Conditions which set out Staq’s maximum liability to the Customer and the Customer’s potential liability to Staq.
Where the Customer is a Consumer, as defined below, the Customer’s attention is further drawn to clause 13.2 below. A Consumer is entitled to a 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Given the online nature of the Services, there may be circumstances where Staq is unable to commence provision of the Services until the cooling off period has expired or unless the Customer has expressly waived their right to a cooling off period. This applies in respect of domain names and SSL certificates in particular.
“Acceptable Use Policy” means Staq’s Acceptable Use Policy, as updated from time to time, which can be found on the Website.
“Associated Company” means a subsidiary or holding company of a company or any subsidiary company of such subsidiary or holding company. The terms “subsidiary” and “holding company” have the meanings given to them by section 1159 of the Companies Act 2006.
“Consumer” means an individual who is making use of the Services not as part of a business, trade or profession or for the purpose of financial or commercial gain including the placing of advertisements on any domain. An individual shall not be construed as a Consumer where the individual is the registered holder of 10 or more domains, is carrying on business using any services ordered from Staq or who has registered any domain(s) during the applicable landrush or sunrise periods.
“Fees” shall mean the charges payable by the Customer as specified on the Order Confirmation or as advised to the Customer from time to time.
“Initial Term” means a minimum term as specified for each product. If no minimum term is specified for a product then the default is a minimum period of 12 months.
“Insolvency Event” shall mean, in respect of a corporate entity, becoming the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986 (‘the IA’); becoming unable to pay its debts within the meaning of section 123 of the IA; or has a receiving, manager administrator or administrative receiver over any parts of its assets, undertaking or income, has passed a winding up resolution, ceases or threatens to trade or has a petition presented to any court for its winding up or administration order. In the case of the an individual, Insolvency Event shall mean where the entering into or any debt management plan or Individual Voluntary Agreement, bankruptcy, the inability to pay debts as defined in sections 267 and 268 of the IA or any similar event.
“Order Confirmation” means the email or other confirmation sent to the Customer in response to the Customer’s request for Services.
“Product Terms” means the terms and conditions specific to the Services ordered by the Customer as which are located on the Website.
“Services” shall mean the services provided by Staq under the Agreement as stated on the Order Confirmation together with any ancillary services.
“Software” means any software provided by Staq to the Customer under or in relation to this Agreement.
“Website” means www.staq.online or fluid.staq.online.
2.1 Headings used in the Agreement are inserted for convenience only and are not intended to be part of, nor to affect the meaning or interpretation of any of the terms of, the Agreement.
2.2 In the Agreement the masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the context shall admit or require.
2.3 The expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.
2.4 In the event of a conflict between any term of these General Terms and Conditions, the Product Terms and/or the Order Confirmation, the conflict will be resolved according to the following order of priority i) the Order Confirmation, ii) the Product Terms and iii) these General Terms and Conditions.
2.5 The words “include”, “includes”, “included” and “including” will be construed without limitation unless inconsistent with the context.
2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding between the parties and supersedes all previous agreements, understandings and negotiation between the parties. All other understandings, agreements, warranties, conditions, terms representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer may not rely upon any representation made or given by any Staq employee prior to the Agreement being entered into unless confirmed in the Agreement.
2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999.
2.8 References in these General Terms and Conditions to clauses mean clauses of these General Terms and Conditions unless the contrary is stated. References in these General Terms and Conditions to statutes or statutory instruments are deemed to include those provisions as subsequently amended or substituted.