Terms and Conditions

General

It is our mission at IKIJI to offer the best possible service to all of our customers and in order to help achieve this we have set out the following Terms & Conditions. In signing up for any of our Services, You are accepting these Terms & Conditions. It is Your responsibility to make sure You are up to date with the most current terms and we will notify customers of any significant changes which we feel need to be brought to Your attention.

These General Terms & Conditions and the Service specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service or Package purchased from IKIJI forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in IKIJI Service specific Terms & Conditions, the Service specific Terms & Conditions shall prevail.

By signing up and/or using any Service or Package provided by IKIJI You hereby warrant that You are 18 years or older, and are of legal age to enter into a binding contract; or acting with the express permission and using the payment details of a person or organisation who in turn is agreeing to be bound by the terms of this Agreement. You also agree to comply and adhere to any and all applicable laws and regulations in relation to this Agreement.

You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy and by nature of using an IKIJI Service or Package, You accept these Terms & Conditions.

Definitions

"Agreement" means any agreement to which these terms & conditions are incorporated.

"Consultancy" means the technical advice or any recommendation given to You by IKIJI.

"IKIJI", "Our" means Ikiji Limited with its registered office at The Idea Factory, 20 Mearns Street, Aberdeen, AB11 5AT under Companies
House number SC237116. 

"Package(s)" means a collection of Services.

"Prices", "Costs" means the Price for the Services You receive as set out on our Website, Customer Portal or as otherwise notified to You.

"Service(s)" means the Services to be provided by IKIJI.

"You(r)" means the person or company who purchases Services from IKIJI.

Domains

The following Terms and Conditions apply to the Domain Name Registration and Renewal Service provided through IKIJI. By using these Services, You acknowledge and recognise that the process of registering, renewing and administering domain names is subject to Our terms set out in this Agreement and with any agreements by which IKIJI is or will be bound.

There are many different top-level domains in existence, each with their own governing body or guardian to ensure they are allocated and managed in a responsible and appropriate manner. These bodies are generally referred to as Registries.

By registering or continued use of a domain name, this constitutes acceptance of this Agreement and amendments, including acceptance of the terms and conditions required of IKIJI through our agreements with Nominet and NetEarth One Inc., to which you are bound. Domains and their respective Registry contract can be seen below:

Domain Cancellations

To cancel your domain name(s) you must disable the auto renew option for your domain(s) via your Customer Portal account. Telephone cancellation requests are not accepted as we require the request to be logged via your Customer Portal account. We do not issue refunds for any unused time on your Service should you choose to cancel Your Service before your billing date.

Changing a domain names' DNS to another provider, non-payment of the renewal invoice or transferring a domain away from IKIJI does not constitute a cancellation request. A cancellation request must be submitted as outlined above and we will then confirm the cancellation date back to you.

Transfer In

If you wish to move your domain to ourselves then you will need to contact your current domain registrar and if it's a .UK domain then have the IPSTAG updated to IKIJI and email support@ikiji.com to inform us. If the domain is a global domain such as, being not limited to, .COM/.INFO/.NET/.ORG/.BIZ then request an authorisation or security key as you will need this when you place an order through Your Client Portal account, and you will also extend the registration period by a minimum of one year through this process.

Transfer Out

If you wish to move your domain to another provider you need to email support@ikiji.com to request that we a) change the IPSTAG if it's a .UK domain or b) unlock the domain if it's a global domain such as, being not limited to, .COM/.INFO/.NET/.ORG/.BIZ. Requests to move a domain away can only be actioned if the domain is in an active state, if the domain is past its renewal period we will not be able to release the domain until any outstanding balance has been paid in full. Once you request cancellation of a domain we cancel it in your billing account so that it can not be renewed through us, if you change your mind about moving the domain you need to let us know so we can re-enable it in your Client Portal account.

Domain Expiry & Redemption Fees

Before a domain expires you will be reminded to renew your domain by email to the address within your Client Portal account. On the date a domain expires it will be taken offline and you will have 30 days to contact us to renew the domain name at our regular renewal rates with the exception of .eu domain names (see the 'Renewal Grace Period for .EU Domain Names' section below).

After 30 days have passed from the expiry date, the domain will enter what's called a "redemption period" and to renew the domain at this stage will cost £75.00+VAT - this is a cost charged by the registry and passed on to You by us, this in addition to our standard domain renewal charge. After another 3 to 9 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.

Renewal Grace Period for .EU Domain Names

The concept of Renewal Grace Period for .EU domain names is slightly different. Every .EU domain name will Expire exactly 1 year from the date of Registration (since the maximum length of registration is only a year). However, the Renewal Grace Period will be only till the second last day of the expiring month (penultimate day of the month), post which the domain name will be deleted. Thus, different .EU domain names may have different Renewal Grace Periods. Lets take a couple of examples to demonstrate this -

  1. abc.eu gets Registered on 24 May 2015. This domain name will Expire on 24 May 2016. If abc.eu is not renewed before its Expiry Date ie. 24 May 2016, it would be redirected to a temporary parking page until it is Renewed. If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 May 2016 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 6 days. It will slip into Redemption Grace Period after 31 May 2016.

  2. pqr.eu gets Registered on 27 May 2015. This domain name will Expire on 27 May 2016. If pqr.eu is not renewed before its Expiry Date ie. 27 May 2016, it would be redirected to a temporary parking page until it is Renewed.  If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 May 2016 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 3 days. It will slip into Redemption Grace Period post 31 May 2016.

  3. xyz.eu gets Registered on 31 May 2015 and will Expire on 31 May 2016. If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 May 2016 (since this is the second last day of the expiring month) and will not have any Renewal Grace Period. It will slip into Redemption Grace Period post 31 May 2016. xyz.eu would not be redirected to a temporary parking page since the domain name would be deleted before it actually Expires.

Hosting

Our hosting platform is split into 3 different core technologies, allowing you the choice to pick the technology and Service which fits Your needs best.

Shared Hosting

Our shared hosting accounts are intended for a single website and you are not permitted to host multiple websites on one account, this includes pointing domains to folders/sub-domains.

Adult Material

Pornography is prohibited on our web servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. IKIJI will be the sole arbiter as to what constitutes a violation of this policy.

Background Running Programs

We do not allow the use of background-running programs, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. IKIJI will be the sole arbiter of what constitutes a violation of this policy.

Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below:

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms. In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying the customer.

You are responsible for ensuring that all scripts used within your account are secure and kept up to date, you agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of your web space.

System Resources

If a web site is found to be using excessive system resources resulting in degrading the service of other users, we reserve the right to disable the offending script or disable the account if required.

Cron jobs must not be set to run any more frequent than every fifteen minutes, customers found to be running crons more frequently will have their cron frequency edited and repeat offenders risk having their account suspended.

Spam or Unsolicited Email

You must not use the IKIJI Network for the sending of spam, flames, mail bombs, or unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates web sites hosted IKIJI Network.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed we reserve the right to disable your account without warning. IKIJI reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Email Forwarding to 3rd party accounts

If you currently have in place email forwarding or your default address from our mailserver to third party email addresses such as Hotmail, AOL, BT, Yahoo, we reserve the right to enable our Mailfoundry spam service on your account without prior notice. The reason behind this is due to the SPAM policies that these companies operate, they incorrectly block our mailservers resulting in problems for our customers emailing legitimate email addresses on their networks.

Here's an example of how this happens:

  1. Our customer sets up a forwarder from an email account hosted on our network to his/her Hotmail email account.

  2. The email account hosted on our network receives SPAM which is then forwarded to the Hotmail email account.

  3. Hotmail think that our network is the source of the SPAM as it came through our mailserver last.

This results in our mailservers being blacklisted across the Hotmail mail network, their blacklisting will stop you emailing a Hotmail email address from your account with us.

So it's only due to the harsh and poorly designed spam policies these companies operate that we have put this measure in place, we do so to give our customers a reliable email service that is unaffected by blacklisting. By having our Mailfoundry spam filtering in place this cuts down the spam forwarded.

Please note that reporting our Mailfoundry digests as SPAM to these 3rd party email providers will result in your forwarders/default address being removed.

Dedicated Servers

All dedicated servers remain the property of IKIJI, you are paying a rental fee and at no time do you own the server.

The minimum contract term for a dedicated server is six (6) months, once this time has passed you may cancel your service by giving thirty (30) days notice. All service invoices falling during the cancellation period will remain due in full.

The cPanel licence that comes with our dedicated servers remains the property of IKIJI is non-transferable to another provider.

All dedicated server customers are responsible for the activities and security of their server, we reserve the right to disconnect a server from the IKIJI network should the server be performing network scans or other possible hacking activities.

Dedicated servers are exempt from the following sections of our normal terms of service:

All accounts and services are paid in advance. Although IKIJI reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on the IKIJI client account. Payment is due every 28 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of the prepaid period unless confirmation of the wish to close has already been received from the customer (see service cancellations).

No bills or invoices will be sent by the postal service. All invoices will be sent directly to customers via email shortly after the online purchase has been made, you may print your invoices for your records at any time from within your Customer Portal account.

All payments are in British Pounds, GBP. All prices displayed are shown excluding UK VAT.

All Hosting Accounts

Data Transfer Overage

If you go over your data transfer/bandwidth allowance you will have the option of either upgrading to a larger capacity account with more data-transfer allocation or you can be billed an overage charge per GB and the current pricing can be found in your Customer Portal account. If you choose to pay the overage, data-transfer overage invoices are generated monthly in arrears.

Client Account

You are assigned a client account upon becoming a IKIJI customer. It's important that you keep the contact information accurate and up to date as the email address on file is where your invoice renewal and other key communication notices are sent.

Support

It is our aim to provide quick, prompt and friendly responses to your support queries. Whilst we do not offer telephone support, all your requests can be tracked and handled efficiently through our online support system. You can raise a ticket directly from within Your Client Account or simply email

support@ikiji.com

from your registered email address, and will respond as quickly as possible. This is typically within 6hrs but if for some reason you have not had a response within 48hrs then please feel free to use our escalation procedure below, referencing your ticket ID no.

Service Renewal

All services will automatically renew using your chosen payment type. If you are paying by debit or credit card then payment for an invoice will be taken on the due date, this is unless a prior cancellation request has been submitted. If you elected to pay by Direct Debit then payment will be taken up to 5 working days prior to the due date in order for the invoice to clear by the due date. Telephone cancellation requests are not accepted as we require the request to be logged against your account, within the system. If a service has been renewed and no cancellation has been received no refund is due for any services paid.

All invoices must be paid on or before the due date. IKIJI will attempt to automatically re-bill your chosen payment method when your invoice becomes due. If payment is declined we may automatically attempt to re-capture payment until either a cancellation request is submitted by the customer.

We reserve the right to suspend all services once they become overdue.

In the event of a cheque payment being returned to IKIJI for insufficient funds, a service charge of £25.00+VAT will be charged to your account.

Service Cancellations

To cancel your service(s) you must submit a cancellation request via your client account at least thirty (30) days before the service renewal date, telephone cancellation requests are not accepted as we require the request to be logged from your client account. We will confirm your cancellation has been received and any future billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.

Refunds Policy

You have the right to cancel your account within seven days to receive a full refund, your seven days commences from when you first signup for our service. To cancel under this policy you need to email support@ikiji.com quoting your account username. There are however Services which are an exception to this policy, and these include domain names, SSL certificates, telephone lines, broadband accounts, leased lines and any setup fees where applicable, these are non-refundable. Business customers are also excluded from this refund policy as the distant selling act does not apply.

Chargebacks

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately refund the payment for the appropriate amount.

Any customer withdrawing payments via bank or credit card (a "chargeback") may be subject to a punitive fee of £50.00 should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

Complaints

Escalation Procedure

We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint.

If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our helpdesk, you may send your complaint in writing to:

Customer Services Manager

IKIJI Ltd The Idea Factory 20 Mearns Street Aberdeen AB11 5AT

Alternatively you can email us at

mgmt@ikiji.com

making sure that you include your original Support Ticket ID which can be found on the auto responder from our helpdesk and in the footer of each staff reply.

You should expect to receive a response to your query within 5 days of us receiving your correspondence.

On receipt of your complaint our Customer Services Management Team will thoroughly investigate any issues raised and propose a course of action for resolution.

Acceptable Use Policy

All services provided by IKIJI may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless IKIJI from any claims resulting from the use of the service which damages the subscriber or any other party.

Material accessible to you through our Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use your nominated IKIJI Service(s) in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the IKIJI Network or Servers. If you use a domain name in connection with our service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Security

Customers may not use the IKIJI Network or Servers with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

IKIJI reserves the right at its sole discretion to refuse or cancel service. Violation of any of IKIJI's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted to customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to an IKIJI server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

If you are aware of abuse in relation to any of our Services, including domain abuse which you believe has been registered through IKIJI, we strongly encourage you to email us in confidence with all evidence to:

abuse@ikiji.com

You should expect to receive a response in no more than 5 days of us receiving your correspondence.

Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by Us to You and Your use of the Services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

Disclaimer

IKIJI will not be responsible for any damages your business may suffer. IKIJI makes no warranties of any kind, expressed or implied for services we provide. IKIJI disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by IKIJI and its employees. IKIJI makes no "uptime" guarantees.

IKIJI perform backups of hosting accounts on a regular basis however they come with no guarantee. IKIJI can accept no responsibility for any loss of data or consequences arising from this. IKIJI always advises clients to back up their site data regularly for their own protection.

IKIJI furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of IKIJI. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with IKIJI then IKIJI will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between IKIJI and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and IKIJI. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. IKIJI will only be able to communicate with regards to the account with the registered customer and not a third-party.

IKIJI wishes to emphasise that in accepting services, customers indemnify IKIJI for the violation of any law or IKIJI policy, that results in loss to IKIJI or the bringing of any claim against IKIJI. This means that if IKIJI is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against IKIJI, plus costs and reasonable legal fees.

Failure to comply with any of Our terms and conditions will result in grounds for immediate account termination. IKIJI reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

Last change: 06.05.2015