Last updated: July 2024
1. Definitions
- “We”, “us”, “our” means AYS Digital.
- “You”, “client”, “customer” means the contracting party using our services.
- “Services” include (without limitation) web design, development, hosting, domain registration/renewal, and related support.
2. Disputes and Legal Jurisdiction
In the event of any dispute arising from your use of AYS Digital services, jurisdiction will lie with the High Court. All disputes shall be resolved in accordance with English law.
3. Call Recording
We may record certain telephone conversations for legal and training purposes. Recordings are not shared with any third party unless required by a valid, written court warrant.
4. No Agency or Partnership Relationship
No joint venture, partnership, employment, or agency relationship exists between you and AYS Digital by virtue of using our services. You agree not to hold yourself out as our representative, agent, or employee. We are not liable for any representations, actions, or omissions made by you.
5. Domain Names (Registration, Renewal & Disputes)
5.1 Renewal policy (important)
- Change effective July 2024: Domain renewals are no longer included as part of hosting packages. Domains are billed separately at current registrar rates and fees.
- Who triggers renewal: You are responsible for renewing domains before the expiry date by paying the relevant invoice(s). If your primary payment method is not an approved card on file, we cannot auto-renew on your behalf; you must complete payment manually.
- Pricing: Domain pricing is subject to registrar and registry costs, taxes, and currency fluctuations. We pass through any redemption, restoration, or recovery fees if a domain enters a grace or redemption period.
- Expiry: If a domain expires, associated website and email services may stop working. Recovery after expiry is not guaranteed and may incur additional fees.
- Non-liability: We are not liable for loss arising from domain expiry or failure to renew where invoices remain unpaid or where you have not provided accurate, up-to-date contact and payment details.
5.2 Domain transfers to other providers
- If you request a domain transfer to another provider, a transfer release fee equal to one month’s hosting will be charged before we release the domain.
- This fee covers administrative and support time involved in facilitating the transfer.
- Domains will only be released once all outstanding balances (including hosting, transfer, and other service fees) are paid in full.
5.3 Refunds for domains
Domain registrations, transfers, and renewals are non-refundable once processed, except where required by law.
5.4 Ownership & contact data
Domains are registered in the legal name and contact details you provide. You must keep registrant, admin, and billing contacts accurate and current.
5.5 Disputes
Disputes over domain ownership/registration are handled by the relevant Registry or dispute-resolution provider (e.g., Nominet, InterNIC/ICANN) under their terms. We are not an arbitrator and will forward relevant Registry communications to you.
6. Intellectual Property Rights
- Client content: All content (text, images, assets) you provide remains your copyright. You confirm you have the rights to supply and publish such content.
- Our work: All content, code, website designs, frameworks, and software created by AYS Digital remain our intellectual property unless expressly assigned in writing after full payment.
- Boilerplate content: Placeholder/boilerplate content may be reused across sites and can negatively impact SEO if left unchanged.
- Credits: We may place our own or a third-party banner/footer credit on websites we produce unless otherwise agreed in writing.
- Reuse: We reserve the right to reuse design elements, components, or layouts from current or former projects.
7. Hosting & Cancellation
7.1 Service on cancellation/transfer
If you cancel hosting or request a transfer away:
- Your client-owned content will be preserved for export upon request (within reasonable technical limits).
- The hosted website will be taken offline and no longer accessible once cancellation or transfer completes.
7.2 Backups & data
Backups (if provided) are for disaster recovery and are not guaranteed. You are responsible for maintaining your own independent backups.
8. Billing, Payments & Refunds
8.1 Invoicing and due dates
Invoices are payable by the stated due date. We may suspend services (including hosting and DNS) for overdue balances.
8.2 Refunds (general)
Refunds are not guaranteed and are at AYS Digital’s sole discretion. No refunds will be issued:
- After 14 calendar days from the original payment date; or
- If any work has already been carried out (e.g., hosting setup, development time, email correspondence, technical configuration); or
- For domain services once processed (see §5.3).
8.3 Chargebacks
Unauthorised chargebacks may be treated as a breach of contract. We reserve the right to recover fees and reasonable costs arising from chargebacks.
9. Acceptable Use & Security
You must use services lawfully and not introduce malware, spam, or illegal content. You are responsible for securing your credentials and notifying us promptly of any suspected compromise.
10. Service Levels & Maintenance
We may perform scheduled or emergency maintenance. Reasonable efforts will be made to minimise disruption. Any uptime commitments (if agreed) exclude maintenance windows and events outside our reasonable control.
11. Liability & Indemnity
To the maximum extent permitted by law, we exclude indirect or consequential losses (including loss of profit, revenue, data, or business). Our total aggregate liability for any claim shall not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim. You agree to indemnify us against third-party claims arising from your content, use of the services, or breach of these terms.
12. GDPR & Data Protection
12.1 Data we collect and store
We may collect and securely store:
- Business names
- Addresses
- Contact details
- Payment information
- Website-related content (including images and text)
Data is retained for up to 5 years from last use, then securely deleted.
12.2 Your rights
To request access to or deletion of your data, please submit a written request on business-headed paper to:
Data Collection
AYS Digital
Hardwick House, 2 Agricultural Plain, Norwich, NR1 3FS
(We may require reasonable identification and will respond within applicable statutory timeframes.)
13. Communications & Notices
We may provide notices (including policy updates and renewal reminders) via email, your client area, or the billing system. It is your responsibility to keep contact details accurate and to review communications sent via these channels.
14. Changes to Terms
We may update or modify these Terms and Conditions at any time. We will make reasonable efforts to notify clients of substantial changes (e.g., via email or client area notice). Continued use of the services after changes take effect constitutes acceptance of the updated terms.
Contact Information
AYS Digital
Hardwick House, 2 Agricultural Plain, Norwich NR1 3FS
