Terms and Conditions

Last Revised: 10 September  2018


Definitions

In these conditions, references to "Nemmank", "Linkbase Services Ltd", "www.nemmank.com", "nemmank.com","we", "us", "our" and "ours" are references to Linkbase Services Ltd and references to "you" or "your" are references to the person ordering Services from us. References to our "Services" are references to the services we provide in relation to the Internet Services set out at clause 3 below and any bespoke services which we may agree to provide. These Conditions (as may be amended from time to time) will govern the

relationship between you and us.

Linkbase Services Ltd (Registration No 09916757) is incorporated in England and Wales with its registered office at 51 Mile Road, Bedford, MK42 9UB. VAT number: GB 241304846. Nemmank is a registered trade mark of Linkbase Services Ltd.


1. The Contract between you and us. For the Services provided pursuant to the Service request

along with the Order Confirmation and any Change Order, the following additional terms and

conditions apply (collectively, the "Agreement"). Any nonstandard terms will be detailed in within

the Order Confirmation or similar form. A binding contract between you and us ("Contract") will

only arise when we have received confirmation of Order from you, whether verbal or in writing,

and we have notified you of our acceptance of your Order whether verbal or in writing. You should

only submit an Order to us if these Conditions are acceptable to you without modification.

2. The Price of our Services

2.1 Our charges ("Charges") for any Services ordered by you will be detailed at the point of

sale within an order form. As consideration for the Services you purchase, order or otherwise

utilize, you agree to pay all applicable prices, taxes (including but not limited to VAT) and

fees as designated in the related order process, with such prices, taxes and fees subject to

change. Billing will be on a calendar-month or term basis and all amounts are due

immediately or upon ordering and are non-refundable, except as otherwise expressly

provided, as required by applicable law.

Except with respect to the Services to which you subscribe on a monthly (or similar billing

cycle) basis, to the extent we are legally required to do so, we will provide you with notice

prior to the renewal of your Services within the applicable required notice period depending

on term length.

2.2 The Charges for all of our Services are payable in advance by you. In the case of our

Annual Services (which include, without limit, Basic Listing, Priority Listing and Super Listing

on third party listing providers ("Paid For Listings"), Video Advertising and Web Hosting) this means that

our Charges are due to be paid by you at the same time as your Order and then again by

you on each anniversary. In the case of our Non-Annual Services (which include, without

limit, Banner Advertising on third party providers, Domain Name Registration, Website Design

and bespoke website optimisation) our Charges must be paid by you at the same time as

your Order.

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2.3 Any indulgence given by us to you in respect of the time for payment of our Charges is

entirely at our discretion and shall not operate as a waiver of any of our rights. If you do not

pay us any sums due from you on the due date for payment, we may at our option charge

interest on the overdue amount at the rate of 4% above the base rate of Barclays Bank Plc then

in force.

2.4 We normally accept payment by cheque (payable to Linkbase Services Ltd), and by Visa,

MasterCard, Maestro, Delta, Switch Direct Debit, BACS or American Express. We do not

currently accept payment by Diners Club, Electron or Solo. We may withdraw any method of

payment at any time without notice to you. Payment card processing are undertaken our behalf by authorized Payment Card Processing third Parties like Stripe. 

2.5 If any reduction is available to you in respect of a promotional offer made available by us,

and you are eligible for such offer, then the Charges payable by you will be reduced by the

amount shown but not by more or otherwise.

3. The Services that We Offer

3.1 Descriptions of most of our Services are on the Websites nemmank.com or any of our Partner websites ("Product Description"). In addition, our

Sales Team will also be pleased to discuss any further bespoke Services that you may

require. Subject to our acceptance of your Order, and your continual compliance with these

Conditions, we will provide the Services specified in your Order in accordance with these

Conditions and the Product Description, using our reasonable skill and care at all times. We

may use agents and/or sub-contractors to perform the Services on our behalf where we deem

it appropriate to do so.

3.2 In pursuance of Our policy of continuing service improvements we reserve the right to

alter the look, feel, style, facilities and functionality of any of our Services and the Website at

any time without giving you prior notice but in doing so we will endeavour not to materially

diminish the overall functionality and value of the Services or the Website. Accordingly, the Product Description is subject to change from time to time. Except where explicitly stated, all web design project task comes with a 5 -page initial setup with fair-service request content per page. Subsequent pages attract additional cost agreed with our Sales team. After  Website Go-Live, amendments are allowed at no extra cost only within the first 30-days after Go-Live.

3.3 You accept that we cannot guarantee that the Services on the websites nemmank.com in all respects are visible in all browsers and versions of these browsers. We will use our reasonable endeavours to ensure

that the Services are visible in the most commonly used version of Google Chrome.

3.4 We may at any time either change, replace or delete these Conditions or include new

terms.

3.5 Profile Management Services

3.5.1 When purchasing a profile management service from us, you give us permission to

act as your online marketing agency and claim any listings on third party websites. We in

no way guarantee that your profile will be accepted on the third party website or guarantee

any placement.

3.5.2 We will add any content that has been given to us or is present on any other listings,

we are in no way responsible for any damages that may arise by adding such content.

3.6 Internet Services

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a. Our Internet Services include, without limitation, Basic Listing, Priority Listing and

Super Listing on third party listing service providers,

Video Advertising, Web Design, Web Hosting, Web Starter,

Profile Management Services and bespoke website optimisation. From time to time

other Services may be added, or Services may be removed.

b. Our Basic Listing, Priority Listing, Super Listing and Banner Advertising services

on third party listing service sites include

search tags which describe your business, products and/or services and may

result in details about your business being displayed on the third party 

websites to users who perform a search using these search tags. We reserve the

right to refuse to include or remove any search tags from your business listing or

banner on third party listing service providers if we believe that these search tags do not in any

way describe your business, products and/or services and/or may mislead users

of the third party listing service providers websites. To the extent you cancel the listing services

you have with us, we will remove your information from those directories we have

control over, but you understand and agree that you will may not be removed from

all directories.

c. You acknowledge and accept that your services and/or products may be reviewed

either favourably or unfavourably by third party consumers and that third party

review activity does not constitute the view or opinion of Nemmank. You

accept that we offer no editorial services for reviews and are not in a position to

investigate every review but take reasonable steps to prevent libelous or offensive

materials from being posted online, although we reserve the right either to maintain

or to remove reviews for any reason within our sole discretion.

d. You accept that we will remove positive reviews if they can be traced to the

business owner..

e. Our SEO Performance service is limited to monitoring your website's position in

major search engines, as listed in the product description on this website.


3.7 Where we provide any affiliate services on a revenue share basis, we will forward any

agreed fees to you within 30 days of receiving the corresponding fees from the client. If

you fail to complete the agreed service or remove any links from the agreed website(s) or

render the agreed website(s) unavailable within the specified contract period, the full fee

for the agreed service will be refundable to us.

3.8 If you fail to provide any Deliverable Materials to us within the specified time limits, we

reserve the right, in addition to any other rights we may have, to retain any Charges that

you have paid to us.

3.9 We will endeavour to meet your requested live date(s) for your Internet Service but

time is not of the essence in this respect and we will not be liable for any delays.

3.10 From the date that your Internet Service goes live, we will host your Internet Service

in return for your payment of the relevant Charges. We may submit your Internet Service 

to search engines but we do not guarantee or warrant in any way your acceptance by a

search engine whether it is linked to Nemmank or not.

3.11 Domain Name Services

a. Our Domain Name Services include, without limit, domain name registration and

hosting. From time to time additional Services may be added, or Services may be

removed.

b. We will register a domain name of your choice with a domain name extension

".co.uk"; ".org.uk"; ".ltd.uk" (subject to meeting GoDaddy's requirements); ".plc.uk"

(subject to meeting GoDaddy's requirements); ".com"; ".org"; ".net"; ".biz"; or ".info";

("your Domain Name"), host your Domain Name, connect your Domain Name to

your web pages hosted by us (Web Formation™) and pay the initial administration

fees charged by the relevant domain name registry ("Registry"). We will endeavour

to complete the registration of your Domain Name within 14 days of your Order but

we will not be liable for any failure to do so. In the case of ".uk" domains, we will

pay the required fees to GoDaddy, which for new domain purchases, requires us to

pay for two years of registration. For all other domains, we will pay one year's fees

to the appropriate registry. When we register a domain name on your behalf you

will be bound by GoDaddy’s terms and conditions for registration as amended from

time to time and available here: https://www.godaddy.com/agreements/showdoc?pageid=REG_SA

c. We will transfer a pre-registered domain to us provided that:

• The domain extension must be one from the list set

out in clause 3.31 above;

• The domain name must have been registered for more

than 60 days at the time of your instruction to us;

• The domain name must not be due for renewal in the

21 days following your instruction to us;

• You must complete and return our standard transfer

form in a manner acceptable to us and the Registry;

and

• You must follow the steps detailed in our standard

transfer form to notify your current host that you wish

to transfer the domain to us.

3.12 You warrant that the details submitted by you to us for the purpose of the Domain

Name Service are true and correct, and that future editions or alterations to those details

will be true and correct.

3.13 Domain names are usually allocated by the Registrar on a first-come, first-served

basis. This means that until the registration process is complete, your Domain Name could

be registered by any other party. If for this or any other reason your Domain Name is not

available, we will contact you to agree a suitable alternative domain name. If our attempts

to register your Domain Name are then unsuccessful, we will, upon receipt of your written

request, repay to you such element of the Charges paid by you as relate to the registration

of the domain name.

3.14 Any domain name that is registered by us is subject to the terms and policies of the

Registrar responsible for the domain name that you have purchased. We give no warranty 

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whatsoever that we will be able to secure your Domain Name, that once secured you will

be permitted to retain your Domain Name, or that your Domain Name will be free and clear

of intellectual property rights and/or any other claim or challenge by third parties (including

without limit, rights and/or claims in relation to registered and unregistered trademarks).

3.15 We reserve the right to disclose to a Registry such of your details as may be required

to complete the registration of your Domain Name. You acknowledge that the data that

we provide to the Registry is "personal data" for the purposes of data protection and

legislation and that subsequently that the Registry may allow other organisations and

members of the public to access such data about you. Notwithstanding the foregoing, in

order to comply with GDPR or other privacy requirements, we reserve the right to mask

your personally identifiable information as needed, including but not limited to, masking

data published to Port 43 or the WHOIS database.

3.16 You acknowledge and accept that we will be acting as your agent for the purposes

of registering your Domain Name. You hereby appoint us as your agent for such purposes,

and specifically give us your consent to enter into a legally binding contract in your name

with the Registrar subject to the Registrar's standard terms and conditions.

3.17 Should your web site's bandwidth usage reach the point where it causes an adverse

affect on other Clients, we reserve the right to disable your web site until such a time as

you are able to reduce your bandwidth usage.

3.18 From time to time the server on which your domain is hosted or its connection to the

Internet may be inaccessible or inoperable for any reason, including, without limitation: (i)

equipment malfunctions; (ii) maintenance procedures or repairs which may need to be

undertaken; or (iii) causes beyond our control or which we cannot reasonably foresee. We

will endeavour to ensure that your website is available at all times, but you acknowledge

that computer and telecommunications systems are not error free and that we will not be

liable to you or any other person for loss of revenue or earnings or any other loss that you

suffer as a result of your website being unavailable or inaccessible.

4. Transfer of Your Domain Name

4.1 You will be permitted to transfer Your Domain Name to any third party in accordance

with the Registrar's terms and conditions. If you do so, we will have no obligation to provide

Services to the transferee and you are not entitled to any refund of any Charges that you

may have paid to us.

4.2 You may transfer a domain name away from us, subject to our receipt from you of our

standard transfer-out form, completed and signed by your approved signatory. In cases

where the domain extension name is any of ".com"; ".org"; ".net"; ".info"; ".biz" the domain

must be active, i.e. not listed as "expired, pending deletion or redemption period" at the

Registry's WHOIS. Transferring out of such a domain name with this status incurs a

charge imposed by the Registry of between $12.00 and $200, which will be charged at

the current rates, at our discretion and which charge we will pay and for which you shall

reimburse us in full. Please note, domains will only be transferred where payments are up

to date.

5. Your Obligations to Us

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5.1 You will promptly provide us (free of charge) with any information that we may reasonably

require to enable us to proceed with the performance of our obligations under the Contract. This

may include (without limitation) any information which we may reasonably request for the purpose

of credit verification and debt collection purposes and you permit us to use such information and

to provide it to third parties acting on our behalf for such purposes.

5.2 You are responsible for ensuring that all Deliverable Material that you provide to us is

accurate, decent, lawful, and honest, free from third party advertising, and that such Deliverable

Material is not offensive, prejudicial or inflammatory, likely to expose us to claims, result in our

prosecution, cause us to infringe the legal rights of any third party, or cause us embarrassment

or distress of any kind. You agree that you will be responsible to us for any losses costs or claims

that we incur if you supply Deliverable Material to us which breaches this obligation.

5.3 You must supply Deliverable Material to us in a suitable format (details of which will be

supplied upon your request). You must ensure that any Deliverable Material that you supply to us

in an electronic form is provided using fully licensed software and is free from harmful viruses or

similar.

5.4 If any Deliverable Material that you provide to us itself constitutes or incorporates any

intellectual property rights (including without limit copyrights, registered or unregistered

trademarks, patent rights, registered or unregistered designs, proprietary know-how or any other

proprietary rights of any nature) you represent and warrant to us that such Deliverable Material is

either owned absolutely by you or that the owner of such intellectual property rights has given you

permission to use them and to allow us to use them on your behalf.

5.5 If we in our sole discretion consider necessary, we reserve the right to contact the owner of

any intellectual property rights vested in any Deliverable Materials provided by you to verify that

we have permission to use such Deliverable Materials. However we shall have no liability for

failing to do so.

5.6 We may telephone you from time to time and, as with incoming calls, you accept that all such

calls may be recorded for internal purposes, including monitoring and training.

5.7 Domain Name Restrictions

a. You must not at any time use Your Domain Name, any website hosted by us pursuant to

the Contract, nor any of our networks (or the networks of any of our agents or subcontractors

in violation of any of United Kingdom Law or United States Law or active laws governing the acceptable use of publick internet service


b. If you breach any of your obligations set out in this Agreement, we reserve the right at our

discretion to terminate the Contract immediately without warning and without limit you

agree to indemnify us against any costs, claims or expenses that we incur as a result.

c. We will co-operate fully with investigations of violations of systems or security networks or

security at other sites and with law enforcement authorities in the investigation of possible

criminal violations. We reserve the right to charge you up to £250 to investigate any

complaint that we receive in relation to Your Domain Name or any website or other Service

hosted by us for you. If you violate any systems and/or network security, you may also

incur other criminal or civil liability.

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5.8 Users transmitting e-mail from or through any service provided by us must not do anything

that attempts to hide, forge or misrepresent the sender of the e-mail and/or sending site of the

e-mail.

5.9 Any bulk mailings sent from or through any service provided by us must state explicitly

how each individual recipient's e-mail address was obtained and also state how frequently the

mail will be received. It is your responsibility to record details including, but not limited to:

• The time and date each e-mail address was obtained

• The IP address of the subscriber

• The URL from which the subscription was received

These details must be made available to us upon request.

5.10 Any bulk mailings sent from or through any service provided by us must contain simple

and clear unsubscribe mechanisms; we recommend that this should be in the form of a

working link to a one-click unsubscribe system, although use of a valid "reply to" e-mail

address may be used instead.

5.11 Any bulk mailings sent from or through any service provided by us must contain correct,

non-electronic, contact information for the sender; this must be included clearly within the text

of each e-mail and include:

• Contact telephone number

• Business name

• Physical mailing address

5.12 Should you have any complaint about our services Please contact our complaints

handler by contacting the Customer Support team at +44 (0) 123 440 5555 or emailing

customersupportuk@nemmank.com using one of the contact details below. We will endeavor to

respond to all points of contact within 3 business day and aim to resolve any issues you have

within 5 business days.

If you wish to raise a complaint about abuse you have received (phishing scams, spam e.mails

etc) please contact us by e.mail at: phishing@nemmank.com with as much detail about the

abuse. We will investigate your complaint immediately.

6. Termination of the Contract

6.1 In the case of Subscription Services the Contract will terminate with one month’s notice by

either party, upon the later of completion by us of such Services and receipt of payment in

cleared funds from you of all Charges that are due in relation to them.

6.2 In the case of Annual Services, such Services are provided by us for an initial period of 12

months from the first date on which you make payment to us. Thereafter, the Contract will

renew for additional periods for the agreed upon term. We will endeavour (but are not

contractually obliged) to contact you in the last 3 months of the 12 month annual service to

discuss renewal.

If you no longer wish to carry on with your contract, please email us on the contact email

address - contact@nemmank.com no less than 30 days before your services are due to be renewed. Your

account will only be deemed as terminated once all outstanding balances have been paid in full. Domains will only be considered for transfer once all balances have been settled, we will

not charge you for transferring a domain(s) away to another registrar’s tag. The customer

acknowledges that, termination of the agreement for any reason will result in us ceasing to

provide the applicable services, with the consequences that flow from such cessation, including

(but not limited to), deletion of data .e.g. hosting account(s) and mail boxes. If you cancel any

of the Services other than within 30 days of the end of a 12 month period, we will not refund

any payments of Charges made in respect of the remainder of such period, and all outstanding

installments of the Charges relating to such 12-month period must be paid by you.

We will endeavour (but are not contractually obliged) to send you automatic email renewal

alerts 60, 30, 15, 7 and 3 days before the expiry date of your domain.

6.3 Nemmnank shall have the right to immediately terminate any Service if the Customer is in breach

of any of these terms. In the case of video advertising or website design, EML shall have the

right to immediately terminate the Service if the Customer fails to approve the video montage

or website design within a reasonable period.

6.4 We may terminate the Contract with you immediately at any time without notice but, if you

demonstrate that we have terminated the Contract without any breach by you of your

obligations, we will refund to you a sum representing the part of the Services attributable to the

unexpired period to the next anniversary date of your Contract. We may, by at least 30 days'

notice to you in advance, elect not to renew your contract with us at an anniversary.

6.6 As it relates to Premium Website Services, You understand and agree nemmank.com owns all

content and the overall site. In the event you terminate your Premium Website Services with

us, nemmank.com will retain all ownership of such content, excluding the Customer logo and

domain, to the extent nemmank.com has received all payments to date. Please note, if a consultation

has occurred, even if not fully completed, a fee may be charged to you by nemmank.com.

7. Liability

7.1 You hereby agree to indemnify, defend and hold us harmless for all liability, claims,

damages and costs, including reasonable legal expenses, arising out of or in connection with

a breach by you of your obligations, representations and warranties in these Conditions.

7.2 If any application that we make on your behalf to register your Domain Name is terminated

due to the content of the Deliverable Materials provided by you, then in addition to any other

rights that we may have, we reserve the right to either surrender your Domain Name, retain

your Domain Name for our own use or transfer your Domain Name to any third party of our

choice.

7.3 You indemnify us and the Registry against any costs, claims or expenses that we incur as

a result of any allegation that the registration of your Domain Name or the manner in which

your Domain Name is used (either directly or indirectly) infringes a legal right of any third party

in respect of any costs, claims or expenses incurred by either you us or the Registry in this

respect.

7.4 In no event will we be liable for any indirect or consequential damages in contract or tort,

including loss of profit, loss or damage to property or relating to claims made by any third

party. We advise you not to take any step or act based on your ownership of your Domain

Name until you have received confirmation from the relevant registry that you are the

registered owner of your Domain Name.

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7.5 We will endeavour to ensure that the Websites are available at all agreed times but you

acknowledge that computer and telecommunication systems are not error free and that we

will not be liable to you in the event that the Websites or any of the Services become

unavailable or inaccessible.

7.6 We do not represent or warrant that the Websites or any of our Services will be error-free,

free of viruses or other impairing or harmful components. We will endeavour to ensure that

errors are not service affecting and we will run commercially available virus detection and

correction software.

7.7 We give no warranty whatsoever that we will be able to secure your Domain Name on

your behalf. We are not notified as to whether or not attempts to secure Domain Names have

been successful and it is your responsibility to establish whether it has been so secured.

7.8 The Websites may contain links to other Websites provided by independent third parties.

We make no representations whatsoever concerning the content of those sites and the fact

that we provide a link to a particular site is not an endorsement, authorisation, sponsorship or

affiliation by us in relation to such sites, its owners or its providers.

8. Intellectual Property Rights

8.1 You must not use, copy, adapt, alter or part possession with any information relating to us

which we disclose to you under or in relation to the Contract and which is of a confidential

nature. You acknowledge that we may use information provided by you so that we can perform

our obligations under this Contract and so we can collate the information that you provide to

produce non-customer specific statistics to assist us in our business planning.

8.2 Where you supply to us a video promoting your business, products and/or services, all

right, title and interest to and all intellectual property rights in the video will at all times remain

your property.

8.3 We both must comply with all applicable data protection laws when dealing with

information given to the other party under this Contract. You hereby acknowledge and accept

that we may pass your details on to other parties so that they can offer you various products

and services.

9. General

9.1 Any indulgence given by us to you in respect of your obligations under the Contract is

entirely at our discretion and shall not operate as a waiver of any of our rights.

9.2 Our contact details: Mail to: contact@nemmank.com, 51 Mile Road, Bedford, MK42 9UB, Call Customer Services on +44(0) 123 440 5555 or email to

customersupportuk@nemmank.com

9.3 Any part of these Conditions that is unenforceable or illegal will be severed from these

Conditions and will not affect the enforceability of the remaining provisions of these

Conditions.

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9.4 We will not be liable to return any Deliverable Materials that you give us for the purpose

of providing the Services to you.

9.5 The Contract is governed by the law of England and Wales and each of us agrees to

submit disputes in connection with the Contract to the exclusive jurisdiction of the Courts of

England and Wales.

9.6 Complaints. In the event of a question or complaint, please send an email to:

customersupportuk@nemmank.com. Our team will endeavour to respond to all complaints within

72 hours or three (3) working days. Please title the subject of the email “Complaint”