Terms & Conditions

These are the terms and conditions, which relate to the Trio Website agreement. These terms and the Trio Design Order Form constitute our entire agreement with you. If we do not, at any time, enforce any of our rights under these terms, we do not give up those rights. The services which we agree to provide you are referred to in these terms as the “Services”.

1. Our Agreement

a. We grant you a non-exclusive, non-transferable and restricted license to use the Services for the duration of the agreement, which is a minimum term of 12 months. We will use all reasonable endeavors to ensure that the domain name you request is successfully registered on your behalf. However we cannot guarantee this and so you must not act upon any application until you receive the necessary registration certification documents.

b. You represent and warrant to us that you will use the Services only in the course of your business and not as a consumer.

c. You are fully responsible for all information you provide to us for inclusion in the website. You must ensure that it does not infringe on any third party rights or is otherwise unlawful.

2. Payments

It is a condition of these terms that the amounts due, as described in the Trio Design Order form, must be paid in full and on time.

3. The Services

a. If you fail to comply with the terms of the agreement, we may suspend the service or terminate the agreement.

b. It is a condition of these terms that you must comply with all relevant legal and statutory requirements relating to using the website and the Internet.

c. Unless agreed by us in writing, the maximum bandwidth is set at 1 gigabyte of downloads per month from your website. If this figure is exceeded, we may increase your monthly charge.

d. Any structural amendment to the website (other than updateable pages or databases) developed by us may only be made by us. Any text or graphic amendments made by you must be acceptable to us. If amendments are not acceptable to us, or if any person appears to us to have reasonable grounds for complaint, we, may, (as well as choosing whether to exercise any other rights under these terms), edit the content of the website, or add a disclaimer notice to it.

e. All intellectual property rights in the Service, (whether registered or not) are and will remain our property.

f. We do not warrant that the provision of the Service will be uninterrupted or error free.

g. We may interrupt the Service occasionally for the purposes of, for example, upgrading or maintaining or for operational reasons or for any other reason that we consider relevant at the time.

4. Domain Names

a. You must inform us immediately if a mistake has been made in the form or registration of a domain name.

b. We will inform you of the renewal date in respect of a domain name, but the responsibility for affecting the renewal is yours. Once you have complied with all of your payment obligations under the agreement, we will release relevant domain names(s) to you, for which an administration fee will be payable by you.

5. Your Further Obligations

a. You must immediately notify us of any perceived defects in the service.

b. You must not, (neither must you attempt to) amend, decompile, disassemble, or reverse engineer any software created by us, without our written consent.

c. You must keep us informed of your current contact details.

d. You are responsible for the confidentiality, security and proper use, (together with the security.) of any passwords and/or identifiers that are issued to you. You must immediately inform us of any perceived breach of security.

6. Warranties

a. These express terms are in lieu of all other terms, conditions, or warranties, express or implied, which are hereby excluded.

b. Except in the case of death or personal injury as a result of our negligence, and subject to clause 6.c. below, our aggregate liability under or arising out of the agreement shall be limited to the total sums received by us from you under the agreement at the time of our receiving notice of the alleged breach.

c. We will not, under any circumstances, be liable to you, whether in contract, tort, (including negligence) or otherwise for direct or indirect loss of profits, business, or anticipated savings or for any indirect or consequential loss or damage.

7. Indemnity

You are fully responsible for the use that you make of the Services and the results that you receive from that use. You agree to idemnify us and our officers and agents from and against all claims, demands, costs expenses and liabilities of whatsoever nature (including legal costs on a full indemnity basis) arising out of any breach of these terms, your use of the Services, or as a result of third party claims as to ownership or other rights to use the domain name or arising in any way by your infringing (innocently or knowingly) the said third party rights.

8. Your Termination Rights

You may terminate the agreement at any time by giving us three months notice in writing, this notice must not to expire before the end of the minimum term.

9. Our Termination Rights

We may terminate the agreement by notice in writing to you if :-

a. you commit a breach of the agreement:-

(i) where that breach is permanent, forthwith; or

(ii) where that breach is not permanent, if you fail to remedy it within 30 days of receiving written notice from us requiring you to do so; or

b. you have a liquidator or receiver appointed over any of your assets, or become insolvent; or

c. you cease to trade or your partnership is dissolved.

10. Effects of Termination

If the agreement is brought to an end, either by you under clause 8 above or by us under clause 9 above, all sums remaining to be paid by you to us under the agreement (including, for the avoidance of doubt any sums remaining to be paid in the minimum term) will become immediately due and payable. You will no longer be entitled to make use of the Services.