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Terms and Conditions

PART 1 - GENERAL PROVISIONS

� Definitions

In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

"Agreement"

the agreement between Created Media Ltd and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s)

"Client"

as identified on the Contract(s)

"Fees"

the charges due to Created Media Ltd under the Agreement in relation to the Services

 

"Intellectual Property Rights"

any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same

 

"Services"

those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services

 

"SLA"

the level of performance to be provided by Created Media Ltd to the Client in respect of the Services

  • 1
Service Provision
    • 1.1 The Services are described or referred to on the invoice
    • 1.2 Created Media Ltd will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.
    • 1.3 The terms of the Agreement form the entire agreement between Created Media Ltd and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
    • 1.4 Created Media Ltd may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the Client. Created Media Ltd will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.
    • 1.5 Without prejudice to its other rights and remedies, Created Media Ltd may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
      • 1.5.1 notified or unscheduled upgrade or maintenance of IT systems;
      • 1.5.2 if the Client fails to pay any Fees or any other sums owing to Created Media Ltd by the Client when they fall due;
      • 1.5.3 if an event occurs and Created Media Ltd deem it to be appropriate to terminate the Agreement;
      • 1.5.4 if the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and Created Media Ltd determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Created Media Ltd from time to time;
      • 1.5.6 failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.
    • Where Created Media Ltd suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee and has accepted any revised payment terms requested by Created Media Ltd .
    • 1.6 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers (including those from rights owners, performers and other contributors) are obtained and paid for by the Client.
  • 2
Service Delivery
    • 2.1 The Client acknowledges that, given the nature of such services, Created Media Ltd cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
    • 2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by Created Media Ltd to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, Created Media Ltd gives no warranty or representation that:
      • 2.2.1 the Services will meet the Client's requirements;
      • 2.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or
      • 2.2.3 any results obtained from use of the Services will be accurate, complete or current.
    • 2.3 Created Media Ltd warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. Created Media Ltd will not be liable for a breach of such warranty unless the Client notifies Created Media Ltd in writing of such failure within 14 days of the Client becoming aware of the failure.
    • 2.4 If the Client makes a valid claim against Created Media Ltd based on a failure by Created Media Ltd to comply with the warranty set out in clause 4.3 Created Media Ltd may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of Created Media Ltd under such warranty will in no event exceed the amount of the Fees paid to Created Media Ltd by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If Created Media Ltd complies with this clause, it will have no further liability for a breach of the said warranty.
  • 3
Client's Obligations
    • 3.1 The Client agrees that it will:
      • 3.1.1 immediately notify Created Media Ltd on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;
      • 3.1.2 not use the Plus Edit System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;
      • 3.1.3 not use the Plus Edit System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Created Media Ltd may harm Created Media Ltd or any of its Associated Companies or clients or bring Created Media Ltd into disrepute or which calls into question any action taken by Created Media Ltd on the Client's behalf;
      • 3.146 ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;
      • 3.1.5 not provide any technical or other information obtained from Created Media Ltd and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;
      • 3.1.6 not, in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by Created Media Ltd or any other products or services offered by Created Media Ltd from time to time without Created Media Ltd�s prior written consent;
      • 3.1.7 ensure that all material or data hosted by Created Media Ltd on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;
      • 3.1.8 comply with any security policy notified to it from time to time by Created Media Ltd and, in particular, ensure that all passwords and user names provided to it by Created Media Ltd are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform Created Media Ltd immediately;
      • 3.1.9 be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that Created Media Ltd shall not be liable for any loss of confidentiality or for any damages arising from the Client's inability to comply with these Conditions;
      • 3.1.10 ensure that all communication details which it provides to Created Media Ltd are at all times true, current, accurate and complete. The Client will promptly notify Created Media Ltd of any change to such details and acknowledges that Created Media Ltd will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to Created Media Ltd; and
      • 3.1.11 ensure that its systems (including the Client System) meet any minimum system specifications notified to the Client from time to time.
    • 3.4 The Client will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for Created Media Ltd to be able legally to provide the Services.
    • 3.5 If, in Created Media Ltd opinion, the Client is in breach of the provisions of clauses 3.1.2 to 3.1.4 then Created Media Ltd may without prejudice to its other rights and remedies immediately by written notice to the Client:
      • 3.5.1 suspend provision of the Services;
      • 3.5.2 terminate the Agreement; or
      • 3.5.3 amend or remove any Client Materials and/or content appearing on any website or other system hosted by Created Media Ltd on behalf of the Client
      • Created Media Ltd may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.
  • 4
Payment Terms
    • 4.1 The Fees are payable to Created Media Ltd are subject to the following conditions:
      • 4.1.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;
      • 4.1.2 additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels.
    • 4.2 The Client agrees to pay Created Media Ltd invoices with 28 days of invoicing. If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis until payment is made whether before or after any judgment. Failure to make payment may also result in temporary suspension of the Clients website.
    • 4.3 All sums payable to Created Media Ltd under the Agreement must be paid in full with no set off or deduction.
  • 5
Confidential Information
    • 5.1 Each party will (unless contrary to law):
      • 5.1.1 keep confidential all information obtained from the other under or in connection with the Agreement ("Information");
      • 5.1.2 not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;
      • 5.1.3not use any Information otherwise than for the purposes of the Agreement.
    • 5.2 The provisions of clause 7.1 do not apply to Information which:
      • 5.2.1 is or becomes public knowledge (otherwise than by breach of this clause); or
      • 5.2.2 was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or
      • 5.2.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.

    • 5.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.
    • 5.4 The Client, by entering into the Agreement, consents to Created Media Ltd sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that Created Media Ltd may from time to time offer.
  • 6
Intellectual Property
    • 6.1 The Client acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.
    • 6.2 The Client will indemnify and keep Created Media Ltd indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which Created Media Ltd incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:
      • 6.2.1 the provision by Created Media Ltd of Plus Edit making use of information or specifications supplied by the Client;
      • 6.2.2 the Client's failure to procure all necessary rights from third parties which are from time to time required in order for Created Media Ltd to be able legally to provide the Services; or
    • 6.3 No Intellectual Property Rights created or acquired by Created Media Ltd will transfer or be assigned to the Client unless Created Media Ltd and the Client have signed a written assignment document to that effect.
    • 6.4 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.
  • 7
Liability
    • 7.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of Created Media Ltd (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:
      • 7.1.1 any breach of the Agreement; and
      • 7.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
    • 7.2 Subject to clauses 9.2 the total liability of Created Media Ltd in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:
      • 7.2.1 Total amount paid to Created Media Ltd within the previous 12 month period
    • 7.3 Created Media Ltd will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Created Media Ltd or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.
    • 7.4 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Created Media Ltd how or for what purposes they are used.
  • 8
Client Indemnity

The Client will fully indemnify and keep Created Media Ltd and its Associated Companies, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:

    • 8.1 the Client's breach of the Agreement, negligence or other default;
    • 8.2 the Client's use or misuse of the Services.
  • 9
Force


Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems used by Created Media Ltd or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

  • 10
Term and Termination


Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to Created Media Ltd:

    • 10.1 Created Media Ltd will provide the Services on an ongoing basis from the date of the original invoice or, where different, any other period of supply stated on the Order Confirmation (such period being termed the "Initial Period") and will continue beyond that period, subject to termination by:
      • 10.1.1 written notification from the Client to Created Media Ltd within 30 days of an invoice renewal
      • 10.1.2 written notification to the Client from Created Media Ltd within 30 days of an invoice renewal
    • 10.2 Created Media Ltd may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to Created Media Ltd any sum due under the Agreement on the due date for payment.
    • 10.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:
      • 10.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;
      • 10.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;
      • 10.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
      • 10.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or
      • 10.3.5 has ceased or threatened to cease to trade.
  • 11
Consequences of Termination
    • 11.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.
    • 11.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
    • 11.3 Created Media Ltd Created Media Ltd without notice remove the Client's data from its systems after expiry of 5 Business Days following termination. For the purposes of this clause, the date of termination will be either the date that Created Media Ltd receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.
    • 11.4 Upon termination of the Agreement, the Client will forthwith:
      • 11.4.1 cease to use the Software, Equipment and Services;
      • 11.4.2 pay all outstanding invoices raised by Created Media Ltd pursuant to the Agreement and pay for all work in progress not previously paid for on a reasonable pro-rata basis (subject to receipt of an invoice for the same from Created Media Ltd).
    • 11.5 In the event of termination of the Agreement by the Client part way through the Initial Period, the Client remains obliged to pay for Services comprising the provision of dedicated server hosting for the remainder of that period.
    • 11.6 Where following termination, Created Media Ltd is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.
  • 12
Severability


The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.

  • 13
Waiver
    • 13.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
    • 13.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
  • 14
Amendments


No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of Created Media Ltd.

courts have jurisdiction to settle any disputes which may arise out of or in connection with it.

PART 2 - ANCILLARY SYSTEMS SUPPLY

  • 15
Provision of Plus Edit Software
    • 15.1 In consideration of payment by the Client of the Fees, Created Media Ltd will supply to the Client one Plus Edit website
  • 16
Software
    • 16.1 Except to the extent and in the circumstances expressly required to be permitted by Created Media Ltd by law, the Client may not:
      • 16.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;
      • 16.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or
      • 16.1.3 decompile, disassemble or reverse engineer the Software;
      • 16.1.4 attempt to hack into the website
    • nor attempt to do any of these things.
  • 17
Performance
    • 17.1 The Client acknowledges that:
      • 17.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and
      • 17.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by Created Media Ltd in writing from time to time.
    • 17.2 Created Media Ltd will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and Created Media Ltd gives no warranty that the Software will be free from viruses.
    • 17.3 Created Media Ltd warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client's use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and Created Media Ltd. Created Media Ltd will not be liable for a breach of this warranty:
      • 17.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by Created Media Ltd, their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or
      • 17.3.2 where the Client does not notify Created Media Ltd in writing of a failure within 14 days of becoming aware of the same.
    • 17.4 If the Client makes a valid claim against Created Media Ltd based on the failure by Created Media Ltd to comply with the warranty set out in clause 24.3 Created Media Ltd will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.
    • 17.5 If Created Media Ltd complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.
  • 18
Third Party Software


Any Third Party Software is supplied to the Client on the basis of the relevant third party's standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.

PART 3 - SUPPORT SERVICES

  • 19
Provision of Support Services
    • 19.1 Created Media Ltd will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.
    • 19.2 Created Media Ltd will only be obliged to provide the Support Services during Support Hours.
    • 19.3 The obligation of Created Media Ltd to provide Support Services will not extend to:
      • 19.3.1 rectification of lost or corrupted data;
      • 19.3.2 Ancillary Systems altered modified or varied by other than Created Media Ltd;
      • 19.3.3 attendance to faults arising from the Client's failure to comply with Created Media Ltd's instructions with regard to the use of the Services or any documentation or manuals provided by Created Media Ltd, or operator error or omission; or
    • 19.4 Created Media Ltd will use its reasonable endeavors to provide the Support Services in accordance with the SLA.
    • 19.5
Scope of Support Services


Created Media Ltd will at no additional charge to the Customer install any upgrades to the Plus Edit website or, where appropriate, the Equipment.

    • 19.6 Created Media Ltd will operate a helpline service to assist the Client and its staff in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by Created Media Ltd, by telephone, e-mail or support ticket system provided by Created Media Ltd. The service will be obtained by telephoning, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by Created Media Ltd from time to time.
    • 19.7 If a Defect occurs, the following procedure will be followed:
      • 19.7.1 the Client will notify Created Media Ltd of the Defect and provide such information and assistance as Created Media Ltd reasonably requires in connection with such Defect; and
      • 19.7.2 Created Media Ltd will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.

 

PART 4 - DOMAIN SERVICES

  • 20
Service Provision
    • 20.1 Created Media Ltd will provide the Domain Services to the Client upon the terms and conditions set out in this Part 4 and Part 1 of these Conditions.
    • 20.2 The Client undertakes and warrants to Created Media Ltd that the registration of any domain name requested by it (a "Requested Domain"):
      • 20.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and
      • 20.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.

The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.

    • 20.3 The Client acknowledges that, whilst Created Media Ltd will use its reasonable endeavours to register a Requested Domain, Created Media Ltd will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.
    • 20.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. Created Media Ltd will use reasonable endeavours to notify the Client of any renewal dates however Created Media Ltd accepts no liability for the loss of registration of any Requested Domain.
    • 20.5 Created Media Ltd makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that Created Media Ltd cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
    • 20.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify Created Media Ltd of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.
    • 20.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
    • 20.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to Created Media Ltd, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the "Transferee") the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until Created Media Ltd receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.
    • 20.9 Created Media Ltd will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to Created Media Ltd.
    • 20.10 Created Media Ltd may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.
    • 20.11 The Client agrees and acknowledges that Created Media Ltd will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that Created Media Ltd may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by Created Media Ltd.