Main Terms and Conditions

These Terms apply to orders placed by businesses and consumers. Provisions labelled Business Customer or Consumer apply only to that type of Customer. Nothing in these Terms reduces a Consumer’s rights under applicable law.

Contents

• 1 About Tervani and these Terms
• 2 Definitions
• 3 Orders and contract formation
• 4 Customer accounts and authority
• 5 Services and Service Schedules
• 6 Fees VAT and payment
• 7 Term renewal and price changes
• 8 Consumer cancellation rights
• 9 How Services are provided
• 10 Customer responsibilities
• 11 Acceptable use
• 12 Hosting Services
• 13 Email Services
• 14 Domain Name Services
• 15 Website and professional services
• 16 Managed website services
• 17 Third Party Services
• 18 Intellectual property
• 19 Data protection and privacy
• 20 Confidentiality
• 21 Security backups and incidents
• 22 Suspension and restrictions
• 23 Ending a Service or Contract
• 24 Consequences of termination
• 25 Warranties and statutory rights
• 26 Liability
• 27 Business Customer indemnity
• 28 Complaints and disputes
• 29 Changes to these Terms
• 30 Notices
• 31 General terms
• 32 Governing law and courts
• Schedule 1 Acceptable Use Policy
• Schedule 2 Data Processing Terms
• Schedule 3 Consumer Cancellation Information and Form

1 About Tervani and these Terms

1.1 Tervani Limited is a company registered in England and Wales under company number 17328828. In these Terms, Tervani, we, us and our refer to Tervani Limited.

1.2 These Terms govern each Contract under which we supply Services to the Customer. They should be read with the Order, the applicable Service Schedule, our Privacy Notice and any policy or third-party terms expressly incorporated into the Contract.

1.3 The Customer should save or print the version of these Terms identified in the Order. We will make the contractual documents available in a durable form where applicable law requires this.

1.4 If there is a conflict, the following order of precedence applies: a written variation signed by both parties; the applicable Service Schedule; the Order; these Terms; and any policy incorporated by reference. Registry rules and mandatory third-party terms prevail for the relevant third-party service to the extent they cannot lawfully be varied.

2 Definitions

Account the Customer’s account used to order, access or manage Services.

Business Customer a person acting for purposes relating wholly or mainly to its trade, business, craft or profession.

Consumer an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

Content data, text, images, software, messages, databases, files and other material stored, transmitted or made available through a Service.

Contract the legally binding agreement comprising the documents listed in clause 1.2.

Customer the person named in the Order, also referred to as you and your.

Domain Name an internet domain name ordered, transferred, renewed or managed through us.

Fees the charges shown in the Order or otherwise agreed in writing, plus VAT where applicable.

Order an order form, online checkout, proposal or other written order accepted by us.

Service a hosting, domain, email, website, maintenance, support or other digital service supplied by us.

Service Schedule service-specific terms, specifications or scope incorporated into a Contract.

Supplier a registry, registrar, data-centre, hosting platform, software vendor or other third party used to provide a Service.

3 Orders and contract formation

3.1 Information on our website, proposals and quotations is an invitation to place an Order and is not an offer capable of acceptance unless it expressly says otherwise.

3.2 The Customer makes an offer by submitting an Order. A Contract forms when we send written acceptance, activate the Service or begin the agreed work, whichever happens first. An automated acknowledgement of receipt is not necessarily acceptance.

3.3 We may reject an Order, carry out identity or fraud checks, require further information, or decline a requested Domain Name or Service. We will refund sums paid for a rejected Order, subject to any lawful deduction for work already requested and supplied.

3.4 The Customer must check the Order, including the legal customer and registrant names, service specification, term, renewal basis, Fees and tax. The Customer must promptly notify us of an error.

3.5 Only written changes agreed by an authorised representative of each party vary an accepted Order, except where these Terms expressly permit a change.

4 Customer accounts and authority

4.1 The Customer must provide complete, current and accurate information and keep it updated. The person placing an Order confirms that they are at least 18 and have authority to bind the Customer and, where relevant, the domain registrant.

4.2 The Customer is responsible for activity through its Account and authorised users. Login credentials must be kept confidential, unique and secure. Multi-factor authentication must be used where we reasonably require it.

4.3 The Customer must notify us without undue delay of suspected unauthorised access, loss of credentials or a material change in authorised contacts. We may verify an instruction or refuse to act until authority is reasonably established.

4.4 Account contacts may give binding operational instructions. The Customer is responsible for managing those permissions. We are not required to resolve internal ownership or authority disputes and may suspend changes until the parties resolve them or a competent authority directs otherwise.

5 Services and Service Schedules

5.1 The Service description, included resources, service term, Fees and any service levels are stated in the Order or Service Schedule. Marketing descriptions do not create a guarantee unless repeated as an express contractual commitment.

5.2 A Service Schedule may add to or vary these Terms for the relevant Service. Services ordered at different times may form separate Contracts.

5.3 Any target response, restoration or delivery time is an operational target rather than a guarantee unless the Order expressly identifies it as a service level and states the remedy for failure.

5.4 Advice, estimates and compatibility information are based on information reasonably available at the time. The Customer remains responsible for deciding whether a Service is suitable for its intended use, subject to a Consumer’s statutory rights.

6 Fees VAT and payment

6.1 The Customer must pay the Fees at the times stated in the Order. Unless stated otherwise, recurring Fees are payable in advance and usage, excess-resource, professional-service and other variable charges are payable in arrears or when incurred.

6.2 Prices stated as excluding VAT are increased by VAT at the rate required by law on the tax point. Consumer-facing totals will be shown inclusive of VAT where required. The Customer must pay other taxes for which it is legally responsible.

6.3 The Customer authorises us and our payment provider to take recurring payments using the agreed payment method. The Customer must maintain valid billing information. We do not store full payment-card details where they are handled by our payment provider.

6.4 If payment is overdue, we may give notice, retry payment, restrict or suspend Services and recover reasonable costs of collection. We will not suspend a Consumer’s Service without giving reasonable notice and an opportunity to remedy the failure, except where immediate action is reasonably necessary.

6.5 Business Customer only. We may charge statutory interest and compensation under the Late Payment of Commercial Debts legislation or, if lower, interest at 4% a year above the Bank of England base rate, calculated daily. This does not limit other remedies.

6.6 The Customer must raise a genuine billing dispute promptly and in any event within 30 days after the invoice date where reasonably possible. Undisputed sums remain payable. Nothing in this clause limits a Consumer’s statutory rights.

6.7 Credits and promotional balances are non-transferable and have no cash value unless applicable law requires otherwise. Refunds are made to the original payment method where practicable.

7 Term renewal and price changes

7.1 A Service begins on its activation or agreed start date and continues for the initial term stated in the Order. A recurring Service renews for the renewal period stated in the Order unless cancelled in accordance with the Contract.

7.2 We will clearly state the minimum term, billing frequency, renewal basis and cancellation method before the Customer orders. Consumers will receive renewal reminders, cooling-off rights and a straightforward cancellation method where applicable law requires them.

7.3 The Customer may turn off automatic renewal through the available account controls or by contacting us using the stated cancellation channel. Turning off renewal normally ends the Service at the end of the paid term and does not itself create a refund for the remaining period.

7.4 We may change recurring Fees on renewal by giving at least 30 days’ notice. If the change takes effect before the end of a committed minimum term and is materially adverse, the Customer may cancel the affected Service before the change takes effect without an early termination charge, except where the change is required by law, tax, a registry or a Supplier and the Contract permits it.

7.5 Domain renewal, registry, licensing and usage prices may change when the relevant Supplier changes its charges. We will show the renewal price before taking a renewal payment where required by law and will provide reasonable notice where practicable.

8 Consumer cancellation rights

8.1 This clause applies only where the Customer is a Consumer and the Contract is made at a distance or off-premises. The Consumer normally has 14 days from the day after the Contract is made to cancel without giving a reason. Schedule 3 explains how to cancel and includes a model form.

8.2 If the Consumer expressly asks us to begin a Service during the cancellation period and later cancels within that period, the Consumer must pay a proportionate amount for the Service supplied up to cancellation where the law permits. The cancellation right may be lost after a Service has been fully performed if performance began with the Consumer’s express request and acknowledgement.

8.3 For digital content supplied other than on a tangible medium, the cancellation right may be lost when supply begins if the Consumer gave prior express consent, acknowledged the loss of the right and received the required confirmation.

8.4 A Domain Name application may be transmitted to a registry promptly and may then be technically or contractually irreversible. This does not remove a statutory cancellation right. If the Consumer requested immediate performance and cancels, we may retain or recover only those amounts permitted by law, including a proportionate amount for work supplied where applicable.

8.5 Nothing in these Terms limits rights relating to faulty, misdescribed or improperly supplied Services or digital content.

9 How Services are provided

9.1 We will provide the Services using reasonable care and skill. We may use Suppliers and subprocessors and may choose or change the technical infrastructure, provided this does not materially reduce the core Service without a contractual right or a lawful reason.

9.2 Services may be interrupted for maintenance, security, emergency work, Supplier failures or events outside reasonable control. We will use reasonable efforts to minimise disruption and give notice of planned material maintenance where practicable.

9.3 Internet services depend on networks, software, power, registries and third parties outside our control. Unless expressly guaranteed in a Service Schedule, availability, latency, email delivery, search ranking, data recovery and compatibility are not guaranteed.

9.4 We may make a change reasonably required to comply with law, security requirements, registry policy, technical standards or Supplier changes. We will give reasonable notice where the change materially affects the Customer and advance notice is practicable.

10 Customer responsibilities

10.1 The Customer must use the Services lawfully, follow reasonable technical instructions and the Acceptable Use Policy, and ensure its authorised users do the same.

10.2 The Customer is responsible for its Content, business activities, licences, consents, privacy information, cookies, accessibility, marketing and compliance obligations. We do not monitor or approve Content merely because we host, transmit, back up or maintain it.

10.3 The Customer must maintain supported software and secure devices, use strong credentials, apply appropriate access controls, and avoid uploading malicious or vulnerable material. Managed Services alter these responsibilities only to the extent expressly stated in a Service Schedule.

10.4 The Customer must cooperate, provide timely instructions and access, and keep an independent copy of irreplaceable Content where reasonably practicable. Delays caused by missing instructions, access or approvals extend affected delivery times.

10.5 The Customer must not sell, sublicense or give away a Service or hosting capacity to a third party. The Customer remains responsible for all authorised users and must ensure their use complies with these Terms.

11 Acceptable use

11.1 Schedule 1 forms part of these Terms. A material or repeated breach is a breach of the Contract.

11.2 We may investigate credible abuse reports and may preserve or disclose information where required or permitted by law. We are not obliged to adjudicate private disputes, monitor all Content or pre-screen use.

11.3 Where reasonably possible, we will give the Customer an opportunity to remove prohibited Content or remedy misuse. We may act immediately where delay could expose a person, system, network, Supplier or Tervani to harm, liability or regulatory action.

12 Hosting Services

12.1 Hosting resources, locations, limits and supported features are described in the Order. Resources may be shared. The Customer must not use a shared Service in a way that materially degrades service for others.

12.2 Stated storage or transfer allowances are maximum allocations, not guaranteed dedicated capacity or speed. We may contact the Customer about unusual use, require remediation or recommend a more suitable plan.

12.3 A migration is subject to technical feasibility. Unless expressly included, the Customer is responsible for DNS changes, application compatibility, licences, data validation and cancelling its previous service after verifying the migration.

12.4 We may allocate and change IP addresses. The Customer has no ownership right in an IP address. Dedicated IP, geolocation and reputation are not guaranteed unless expressly agreed.

12.5 Hosting expiration or termination may make websites, databases and related services unavailable. The Customer must export required Content before the termination date. Any post-termination recovery is subject to availability and may be chargeable.

13 Email Services

13.1 Mailbox sizes, sending limits, retention, filtering and supported protocols are stated in the Order or technical documentation. Limits may be applied to protect security and deliverability.

13.2 Spam and malware filtering can produce false positives or fail to detect harmful messages. The Customer must use independent judgment, secure its accounts and keep copies of important communications where appropriate.

13.3 We do not guarantee delivery, receipt, timing, sender reputation or acceptance by another provider. Bulk, unsolicited or abusive messaging is prohibited under Schedule 1.

13.4 The Customer is responsible for mailbox users, forwarding rules, retention obligations and lawful marketing consent. We may temporarily restrict sending if activity creates a security or reputation risk.

14 Domain Name Services

14.1 We act as an intermediary for Domain Name registration and management. Registration is subject to acceptance by the relevant registry or registrar. An availability search is indicative only and does not reserve or guarantee a Domain Name.

14.2 The registrant is the person identified in the registration data, not Tervani, unless the Order expressly and lawfully says otherwise. The Customer must provide accurate registrant and contact information, maintain it and have authority to register and use the Domain Name.

14.3 The Customer agrees to the current rules, policies, dispute procedures and terms of the relevant registry and registrar. For a .uk Domain Name this includes Nominet’s Registrant Terms and Conditions, Registry Policies and Dispute Resolution Service Policy, as changed by Nominet from time to time.

14.4 The Customer is responsible for checking that registration and use do not infringe another person’s rights. We do not carry out trade mark, company name or legal clearance merely by processing an Order.

14.5 A Domain Name is registered for a fixed period. The Customer must pay renewal Fees and keep payment and contact details current before expiry. Auto-renewal is subject to successful payment and registry availability and is not an absolute guarantee of renewal.

14.6 If a Domain Name expires, services using it may stop. A registry may offer a grace or redemption period and may charge additional recovery Fees. We do not guarantee recovery after expiry. When released, the Domain Name may be registered by another person.

14.7 Transfers are subject to registry rules, identity and authority checks, locks, minimum periods, renewal requirements and unpaid Fees. We will not unreasonably withhold a transfer, but may decline to act where a dispute, legal restriction or registry lock applies.

14.8 A registry, registrar, court, regulator or dispute-resolution provider may suspend, transfer, cancel or modify a Domain Name. We are not liable for its independent decision except to the extent loss was caused by our breach and liability cannot lawfully be excluded.

14.9 Registry and registrar terms can change. The current external terms should be linked from the checkout or relevant Service Schedule. The Customer must comply with changes that validly apply to the Domain Name.

15 Website and professional services

15.1 The scope, assumptions, deliverables, dependencies, timetable, acceptance process and Fees for design, development, migration, content or consultancy work are stated in the Order or statement of work.

15.2 The Customer must supply accurate requirements, content, access and approvals. Unless agreed otherwise, a delay by the Customer may move milestones and may require a revised quotation if it materially changes the work or resource plan.

15.3 A deliverable is accepted when the Customer confirms acceptance, uses it in live business, or does not report a material non-conformity within 10 business days after delivery. This does not limit a Consumer’s statutory remedies or excuse latent defects that could not reasonably be identified.

15.4 Changes outside scope require written agreement and may affect Fees and timing. We are not obliged to start additional work until scope, price and dependencies are agreed.

15.5 Search visibility, traffic, conversion, revenue, regulatory approval and third-party platform acceptance depend on factors outside our control and are not guaranteed.

16 Managed website services

16.1 A managed website, WordPress care or maintenance Service covers only the tasks and allowance in its Service Schedule. It is preventative maintenance and does not guarantee that the website will be uninterrupted, error-free, secure from every threat or recoverable in every circumstance.

16.2 We may defer an update where immediate installation reasonably presents compatibility, security or operational risk. Pre-existing defects, unsupported components, malware and inherited custom code may require separately chargeable remediation.

16.3 Included alteration or support time expires as stated in the Service Schedule and is not cash, credit or a guaranteed response allocation. Additional work requires approval and is charged at the agreed rate.

16.4 The Customer remains responsible for ownership of accounts, lawful Content, licences and business decisions unless the Service Schedule expressly allocates a responsibility to us.

17 Third Party Services

17.1 Some Services include or interoperate with third-party software, platforms, registries or licences. Their terms and privacy practices may apply directly to the Customer. The Customer must accept and comply with them where required.

17.2 A Supplier may change, discontinue, restrict or withdraw a service. We will use reasonable efforts to provide an alternative or appropriate remedy where the change materially affects a paid Service, taking account of the Contract and applicable law.

17.3 Unless expressly stated, we do not warrant a third-party service and are not responsible for an independent third party’s acts or omissions. This does not exclude responsibility for our selection, configuration or management where that is part of the Service and we failed to use reasonable care and skill.

18 Intellectual property

18.1 The Customer retains ownership of its Content and grants us and our Suppliers a non-exclusive licence to host, copy, transmit, adapt and otherwise use it only as reasonably necessary to provide, secure and support the Services and comply with law.

18.2 Each party retains intellectual property it owned or developed independently of the Contract. Tervani tools, methods, templates, know-how, generic code and platform components remain ours or our licensors’ property.

18.3 For bespoke deliverables, ownership or licence terms are stated in the Order. If the Order is silent, after full payment the Customer receives a perpetual, worldwide, non-exclusive licence to use the final bespoke deliverable for its internal business and website purposes. Third-party components remain subject to their own licences.

18.4 The Customer warrants that it has the rights and permissions needed for Content and instructions supplied to us. We may remove or restrict material in response to a credible infringement notice, court order or Supplier requirement.

18.5 Neither party may use the other’s name, trade marks or branding in publicity without permission, except that we may identify the Customer privately as needed to provide the Service. Any public portfolio use requires prior consent.

19 Data protection and privacy

19.1 Each party must comply with applicable data protection law. Our Privacy Notice explains how we process personal data as an independent controller for accounts, billing, service administration, security, legal compliance and business operations.

19.2 Where we process personal data on the Customer’s behalf, the Customer is controller and we are processor unless the law determines otherwise. Schedule 2 applies to that processing, except where a more specific signed data-processing agreement applies.

19.3 The Customer is responsible for establishing a lawful basis, giving required privacy information, handling rights requests and ensuring that its instructions and use of Services comply with law.

19.4 We may use service telemetry and aggregated or de-identified information to operate, secure, measure and improve Services, provided it is not used to identify an individual contrary to applicable law.

20 Confidentiality

20.1 Each party must keep the other’s confidential information secure and use it only to perform or receive the Contract. Access must be limited to people and Suppliers who need it and are bound by suitable confidentiality duties.

20.2 Confidential information excludes information that is public through no breach, was lawfully known without restriction, is received lawfully from another source, or is independently developed.

20.3 A party may disclose confidential information where law, a court or regulator requires it. Where lawful and practicable, it will notify the other party before disclosure and limit disclosure to what is required.

20.4 These obligations continue for five years after the Contract ends, and indefinitely for trade secrets and personal data to the extent required by law.

21 Security backups and incidents

21.1 We will use reasonable technical and organisational measures appropriate to the Services and risks we manage. No internet service can be guaranteed completely secure.

21.2 Backup scope, frequency, retention, storage and restore assistance are only as stated in the Order or Service Schedule. The existence of a backup function does not guarantee that every backup completes, contains all current data or can be restored.

21.3 Unless the Order expressly makes us solely responsible for backup, the Customer must keep an independent current copy of data whose loss would materially harm it. The Customer must test exported data and recovery procedures appropriate to its risk.

21.4 Each party must promptly notify the other of a security incident relevant to the Services and cooperate reasonably. Personal data breaches are handled under Schedule 2 where applicable.

21.5 Restoration, malware removal, forensic investigation and reconstruction are chargeable unless included in the Service Schedule or required as a remedy for our breach.

22 Suspension and restrictions

22.1 We may suspend or restrict all or part of a Service where reasonably necessary because of overdue payment, breach, abuse, a security threat, excessive resource use, legal or regulatory requirement, Supplier action, or risk of harm to a person, system, network or reputation.

22.2 We will give notice and a reasonable opportunity to remedy where appropriate. We may act without prior notice in an emergency, for serious abuse, to prevent harm, or where law or a Supplier prohibits notice.

22.3 Suspension does not end the Contract or remove payment obligations unless the suspension results from our breach. We will restore the Service when the cause is remedied and any reasonable restoration requirements are met.

22.4 We will apply suspension proportionately where practicable and will consider the Customer’s legitimate interests, especially where the Customer is a Consumer.

23 Ending a Service or Contract

23.1 Either party may end a monthly rolling Service by giving the notice stated in the Order or Service Schedule. If none is stated, 30 days’ written notice applies. A fixed-term Service continues until its expiry and renews only as stated in the Order.

23.2 A party may terminate immediately by written notice if the other commits a material breach that cannot be remedied, or fails to remedy a remediable material breach within 14 days after written notice.

23.3 We may terminate immediately for serious illegal or abusive use, fraud, a material security threat, insolvency of a Business Customer, or where a Supplier or law prevents continued supply. Consumer insolvency is not a ground under this clause.

23.4 A Consumer may exercise statutory cancellation and termination rights in addition to contractual rights. A Business Customer has no cooling-off right unless expressly agreed.

23.5 Cancellation must use the account control, portal, email address or other method stated in the Order. We may take reasonable steps to verify authority but will not impose unnecessary barriers to cancellation.

24 Consequences of termination

24.1 When a Service ends, access and functionality may stop. The Customer must pay sums due up to termination, including lawfully incurred usage or third-party charges. Refund rights depend on the reason for termination, the Order and applicable law.

24.2 The Customer must export required Content before termination. Unless a Service Schedule states otherwise, we may delete Content after 30 days. We may retain data for longer where required by law, needed to establish legal claims or held temporarily in protected backup cycles.

24.3 We may provide reasonable handover or transfer assistance at the agreed rate. Domain transfers remain subject to clause 14 and registry rules.

24.4 Terms intended by their nature to continue survive termination, including payment, intellectual property, confidentiality, data protection, liability, disputes and general provisions.

25 Warranties and statutory rights

25.1 We warrant that we will provide Services with reasonable care and skill and that bespoke deliverables will materially conform to an agreed specification at acceptance.

25.2 Except for express commitments and rights implied by law that cannot be excluded, Services are supplied on an as-available basis. We do not promise that they will be uninterrupted, error-free, compatible with every system or suitable for an unstated purpose.

25.3 Consumer only. The Consumer Rights Act 2015 and other law give Consumers rights where services are not performed with reasonable care and skill or digital content is faulty. These Terms do not exclude or restrict those rights.

25.4 Business Customer only. All terms implied by law are excluded to the fullest extent permitted, except the implied condition as to title and any term that cannot lawfully be excluded.

26 Liability

26.1 Nothing in the Contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of terms as to title, deliberate default where exclusion is unlawful, or any liability that cannot lawfully be excluded or limited.

26.2 Consumer only. We are responsible for loss or damage that is a foreseeable result of our breach or failure to use reasonable care and skill. We are not responsible for business losses suffered by a Consumer or loss that was not foreseeable. This clause does not affect statutory remedies.

26.3 Business Customer only. Subject to clause 26.1, neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, business opportunity, goodwill or data, except that this does not exclude direct data-restoration costs that are otherwise recoverable.

26.4 Business Customer only. Subject to clause 26.1, each party’s total aggregate liability arising from a Contract in any 12-month period is limited to 100% of Fees paid or payable under that Contract in that period. For a claim arising during the first 12 months, the limit is the Fees paid or payable for the first 12 months. This cap does not reduce any higher mandatory liability under data protection law.

26.5 We are not liable for loss caused by the Customer’s breach, inaccurate instructions, unsupported software, failure to maintain independent backups where required, or an independent Supplier event, except to the extent our own breach materially contributed to the loss.

26.6 Each party must take reasonable steps to mitigate loss. Service credits expressly stated as the sole remedy for a service-level failure are the only remedy for that failure for a Business Customer, but not for other breaches or rights that cannot be limited.

27 Business Customer indemnity

27.1 This clause applies only to a Business Customer. The Customer will indemnify Tervani against third-party claims, damages and reasonable costs arising directly from Customer Content infringing intellectual property or from the Customer’s illegal or prohibited use, except to the extent caused by our breach, negligence or unauthorised modification.

27.2 We must notify the Customer promptly, allow reasonable control of the defence and settlement, and provide reasonable cooperation at the Customer’s cost. The Customer may not settle in a way that admits fault by us or imposes obligations on us without consent.

28 Complaints and disputes

28.1 The Customer should first contact [complaints email] and provide the account, Service, issue, desired outcome and relevant evidence. We aim to acknowledge a complaint within [five] business days and provide a substantive response within [20] business days.

28.2 If a complaint is unresolved, the parties will attempt in good faith to resolve it through senior contacts before issuing proceedings, unless urgent relief or a limitation deadline makes that impracticable.

28.3 Consumer only. We will provide information about any approved alternative dispute resolution provider we are required or willing to use. The Consumer may also obtain advice from Citizens Advice or the relevant consumer authority.

28.4 Domain disputes may be subject to a registry’s dispute procedure, including Nominet’s Dispute Resolution Service for .uk domains or an applicable ICANN policy.

29 Changes to these Terms

29.1 We may update these Terms for future Orders at any time by publishing a new version. The version accepted with an existing Contract continues unless this clause permits a change.

29.2 For an existing recurring Contract, we may make a reasonable change to reflect law, regulation, security, technology, Supplier requirements, new features or business operations. We will give at least 30 days’ notice of a materially adverse change where practicable.

29.3 If a discretionary change is materially adverse, the Customer may end the affected recurring Service before it takes effect without an early termination fee. This does not create a right to a refund for Services already supplied or third-party costs already irreversibly incurred.

29.4 A change required immediately by law, a regulator, registry, security incident or Supplier may take effect sooner. We will explain the change and available options where lawful and practicable.

30 Notices

30.1 Operational messages may be sent through the Account, portal or contact email. Formal legal notices must be sent by email and, where the Order requires, by post to the latest formal notice details supplied by the receiving party.

30.2 An email notice is treated as received on the next business day after sending unless the sender receives a delivery failure. A postal notice sent by first-class post is treated as received two business days after posting. This does not govern service of legal proceedings.

30.3 The Customer must keep contact information current. A notice sent to the latest notified address is effective even if the Customer fails to update it, subject to applicable law.

31 General terms

31.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, except that this does not excuse payment already due. The affected party must use reasonable efforts to reduce the impact and resume performance.

31.2 The Customer may not assign a Contract without our prior written consent, not to be unreasonably withheld for a Business Customer. We may assign to a group company or as part of a genuine business transfer, provided this does not reduce a Consumer’s rights.

31.3 We may subcontract performance but remain responsible for our contractual obligations. Supplier and registry rights expressly protected by the Contract may be enforced where the Contracts Rights of Third Parties Act 1999 applies; otherwise no third party has enforcement rights.

31.4 If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions continue.

31.5 A delay or failure to enforce a right is not a waiver. A waiver must be in writing and applies only to the specific circumstances stated.

31.6 The Contract is the entire agreement about its subject matter. Business Customers acknowledge that they do not rely on statements not included in the Contract, but nothing excludes liability for fraud or fraudulent misrepresentation. Consumer rights concerning pre-contract information remain unaffected.

31.7 The parties are independent contractors. The Contract does not create a partnership, joint venture, fiduciary relationship, employment relationship or general agency.

32 Governing law and courts

32.1 The Contract and any non-contractual obligations are governed by the law of England and Wales.

32.2 Business Customer only. The courts of England and Wales have exclusive jurisdiction, except that either party may seek urgent protective relief in another court with jurisdiction.

32.3 Consumer only. The courts of England and Wales have jurisdiction, but a Consumer resident in Scotland or Northern Ireland may bring proceedings in the courts where they live and retains any mandatory local rights.

Schedule 1 Acceptable Use Policy

This Acceptable Use Policy applies to every Service and to all users, Content and systems under the Customer’s control.

1 Prohibited content and activity

• illegal activity or Content, or activity that encourages, facilitates or conceals crime;
• child sexual abuse material, terrorist content, non-consensual intimate imagery or material whose possession or distribution is unlawful;
• phishing, fraud, impersonation, deceptive schemes, credential theft or distribution of malware;
• infringement of copyright, trade marks, privacy, confidentiality or other rights;
• threats, harassment, unlawful discrimination, defamation or incitement of violence;
• unsolicited bulk messages, address harvesting, purchased lists without lawful permission, or conduct likely to damage sender or network reputation;
• unauthorised access, scanning, interception, denial-of-service activity, password attacks or attempts to bypass security or usage controls;
• open relays, public proxies, anonymisation exits, command-and-control systems, botnets, crypto-mining or high-risk services unless expressly approved;
• storage or distribution of malicious, corrupted or unlawfully obtained data; or
• use that creates excessive load, destabilises shared infrastructure or materially interferes with another customer.

2 Security and messaging

2.1 The Customer must patch Customer-managed applications, protect forms and scripts, control administrator access and respond promptly to compromise or abuse notices.

2.2 Electronic marketing must comply with applicable privacy and marketing law, include accurate sender information and a working unsubscribe method where required, and honour opt-outs promptly.

2.3 The Customer must not forge headers, conceal origin, manipulate reputation systems or send through compromised credentials.

3 Enforcement

3.1 We may investigate, rate-limit, quarantine, remove, block or suspend affected use in accordance with clause 22. We will preserve evidence or report matters where law permits or requires.

3.2 The Customer must cooperate with reasonable remediation. Repeated or serious breach may result in termination. We may charge reasonable remediation costs where the breach was caused by the Customer and the charge is permitted by the Contract and law.

Schedule 2 Data Processing Terms

This Schedule applies only when Tervani processes personal data on behalf of the Customer in providing a Service.

1 Processing details

2 Instructions and compliance

2.1 Tervani will process personal data only on documented Customer instructions, including the Contract and authorised support requests, unless UK law requires otherwise. Where lawful, Tervani will notify the Customer before processing required by law.

2.2 Tervani will immediately inform the Customer if, in its opinion, an instruction infringes applicable data protection law, without assuming the Customer’s legal responsibilities.

2.3 Each party remains responsible for its own direct obligations under applicable data protection law.

3 Confidentiality and security

3.1 Tervani will ensure that people authorised to process Customer personal data are subject to confidentiality obligations and receive appropriate access only.

3.2 Taking account of risk, implementation cost, the state of the art and the processing, Tervani will maintain appropriate technical and organisational measures. These may include access control, authentication, logging, encryption where appropriate, vulnerability management, backup controls, incident processes and supplier assurance.

4 Subprocessors and transfers

4.1 The Customer gives general written authorisation for Tervani to use subprocessors reasonably required for hosting, infrastructure, backup, monitoring, security, communications, support and payment administration.

4.2 Tervani will impose data-protection obligations on a subprocessor that provide an equivalent level of protection for the relevant processing and remains responsible for the subprocessor’s performance of those obligations as required by law.

4.3 Tervani will make a current subprocessor list available at [URL] or on request and give reasonable advance notice of an intended material change. The Customer may object on reasonable data-protection grounds. The parties will seek a practical solution; if none is available, the Customer may end the affected Service.

4.4 Tervani will ensure that restricted international transfers use an adequacy regulation, approved safeguard or other lawful transfer mechanism.

5 Assistance and incidents

5.1 Taking account of the nature of processing, Tervani will provide reasonable assistance through appropriate technical and organisational measures with data-subject requests and with security, breach notification, impact assessments and regulatory consultation obligations.

5.2 Tervani will notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data and provide information reasonably available to support the Customer’s response. Notification is not an admission of fault.

5.3 Assistance beyond standard Service functionality may be chargeable at the agreed rate where the need was not caused by Tervani’s breach and charging is permitted by law.

6 Return deletion and audit

6.1 At the Customer’s choice following termination, Tervani will return or delete Customer personal data, except where law requires retention. Data in protected backup cycles may remain until overwritten, subject to continued protection and no further processing except for security, recovery or legal compliance.

6.2 Tervani will provide information reasonably necessary to demonstrate compliance and permit proportionate audits or inspections. Audits must normally use existing reports and questionnaires first, protect other customers and security, occur on reasonable notice during business hours, and avoid unreasonable disruption. The Customer bears reasonable audit costs unless a material breach by Tervani is found.

Schedule 3 Consumer Cancellation Information and Form

Right to cancel

If you are a Consumer who entered into a distance or off-premises Contract, you normally have the right to cancel within 14 days without giving any reason. The cancellation period expires 14 days after the day the Contract is made. Exceptions and the effects of requesting immediate performance are explained in clause 8.

How to cancel

To exercise the right to cancel, inform Tervani Limited at [postal address] or [cancellation email] of your decision by a clear statement. You may use the form below, but it is not obligatory. It is enough to send the notice before the cancellation period ends.

Effects of cancellation

If you cancel, we will reimburse payments received from you without undue delay and no later than 14 days after being informed of your decision, using the original payment method unless you agree otherwise. If you requested that a Service begin during the cancellation period, you must pay an amount proportionate to what was supplied before you cancelled, where the law permits.

Model cancellation form