§1 General Provisions
- These Regulations define the rules for the assignment of rights and obligations.
- The Regulations are available on the website at: https://smartxhosting.uk/legal-acts
§2 Definitions
For the purposes of these Regulations, the following definitions apply:- Smartx Technologies – Smartx Technologies Ltd, headquartered in Cardiff, United Kingdom, at 7 Ty Nant Court, CF15 8LW, registered with Companies House under number 12964587, VAT number GB440116444, offering services at: https://smartxhosting.uk/.
- Assignment – the transfer by the Assignor of all rights and obligations arising from the Agreement concerning the Service to the Assignee.
- Electronic Assignment – the change of the Service Subscriber, carried out in electronic form. Electronic Assignment is the process of changing the Service Subscriber, whereby Smartx Technologies is neither obligated nor able to verify the effectiveness and validity of actions related to the Assignment and the statements, authorizations, and data provided by the Assignor, Assignee, and persons acting on their behalf. Detailed rules for Electronic Assignment are set out in §3 of these Regulations.
- Assignor – the Client who transfers their rights and obligations arising from the Agreement concerning the Service to the Assignee.
- Assignee – an entity (natural person, legal person, or organizational unit without legal personality) taking over the rights and obligations arising from the Agreement concerning the Service.
- Client/Subscriber – a natural person, legal person, or organizational unit using the Service based on the Agreement.
- Client Panel – a tool for managing services offered by Smartx Technologies, available on the website at https://smartxhosting.uk/.
- Regulations – these regulations.
- Smartx Technologies Network Regulations – regulations available on the website at https://smartxhosting.uk/legal-acts.
- Service Regulations covered by the assignment – regulations defining the rules for using the Service covered by the assignment, available on the website https://smartxhosting.uk/legal-acts.
- Service Specification covered by the assignment – a description of the Service's properties, available on the website https://smartxhosting.uk/.
- Agreement – the agreement concluded between Smartx Technologies and the Client for the provision of the Service covered by the assignment, which includes the Organizer's Regulations or the Service Regulations covered by the assignment as an integral part.
- Service – a service provided electronically by Smartx Technologies to the Client.
- Service covered by the assignment – the Service that is the subject of the Assignment.
- Service subject to electronic assignment – the Service that can be the subject of Electronic Assignment
- Service not subject to electronic assignment – the Service that cannot be the subject of Assignment or Electronic Assignment, i.e.:
- The Service listed in Annex 1 to these Regulations, or
- The Service whose possibility of Assignment is excluded by applicable law, or
- The Service whose possibility of Assignment or Electronic Assignment is excluded in the Service Specification covered by the assignment, or
- The Service whose possibility of Assignment or Electronic Assignment is excluded in the Smartx Technologies Network Regulations, or
- The Service whose possibility of Assignment or Electronic Assignment is excluded in the Service Regulations covered by the assignment, or
- The Service whose possibility of Assignment or Electronic Assignment is excluded in the Agreement, or
- The Service for which subscription fees or other fees related to the use of the Service have not been fully or partially paid on the day the Electronic Assignment procedure begins, or
- The Service whose subscription period ends in 7 days or less, or
- The Service whose possibility of Assignment or Electronic Assignment is excluded in the usage rules developed by the Partner, who is a subcontractor of Smartx Technologies or the manufacturer of software necessary for using the Service.
§3 Electronic Assignment
- Electronic Assignment can only be performed for Services subject to electronic assignment (definition in §2 point p) of these Regulations).
- Electronic Assignment cannot be performed for Services not subject to electronic assignment (definition in §2 point q) of these Regulations).
- The necessary conditions for performing Electronic Assignment include:
- Contacting Smartx Technologies by submitting a request through the Client Panel,
- Indicating the Service covered by the assignment in the request,
- Providing true and current data of the Assignor and the Assignee, including email addresses,
- Submitting the required statements indicated in the subsequent stages of the electronic assignment in accordance with the requirements of the domain Registrar,
- Authorization of the Electronic Assignment by the Assignor and the Assignee in the manner specified in the subsequent stages of the electronic assignment by the domain Registrar,
- Creating a new Client Panel for the Assignee if they have not previously used the Services and intend to become a client of Smartx Technologies.
- The Electronic Assignment is completed (becomes legally effective) when Smartx Technologies sends an email confirming the completion of the Electronic Assignment to the Assignor (to the email address provided in the Client Panel) and the Assignee (to the email address provided in the form in the Client Panel). Upon confirmation of the completion of the Electronic Assignment, Smartx Technologies consents to the change of the Agreement party (debtor and creditor) in accordance with the Civil Code.
- Smartx Technologies reserves the right to verify the data and statements and may refuse the Assignment in case of irregularities.
- Smartx Technologies is not responsible for the inability to perform actions related to the Electronic Assignment due to the provision of outdated, false, or incorrect data by the Assignor or the Assignee.
- If the data provided by the Assignor or the Assignee in the context of the Electronic Assignment prove to be outdated, false, or incorrect, Smartx Technologies has the right to block the Electronic Assignment option and refuse to carry it out, notifying the Assignor and the Assignee electronically at the email addresses provided in the Client Panel and form, respectively.
- In case of additional requirements from the Domain Registrar, Smartx Technologies will promptly contact the Assignor to provide detailed information on the necessary actions. The Assignor will be informed of all required documents or steps that must be taken to meet the Domain Registrar's requirements.
§4 Contact Procedure Before Assignment
- Before initiating the assignment procedure with Smartx Technologies, the Client is obliged to contact the Customer Service Department to check if the Domain Registrar supports the domain extension that the user wishes to transfer to Smartx Technologies.
- Contact with the Customer Service Department can be made through the Client Panel or using the contact options provided at https://smartxhosting.uk/contact-us.
- The Customer Service Department, after verifying the possibility of supporting the given domain extension by the Domain Registrar, will inform the Client of the verification results electronically.
§5 Procedures and Conditions of Domain Registrars
- Domain Registrars used by Smartx Technologies may introduce additional procedures and conditions that must be met in the assignment process.
- Clients are obliged to familiarize themselves with these conditions to avoid potential delays or issues related to the assignment.
- Detailed information regarding these procedures and conditions is available on the websites of individual registrars.
§6 Final Provisions
- In matters not regulated by these Regulations, the following shall apply:
- The Agreement,
- The Service Regulations covered by the assignment,
- The Smartx Technologies Network Regulations,
- law of England and Wales.
- Smartx Technologies reserves the right to change Annex 1 to the Regulations without the need to amend the Regulations themselves.
Annex 1 to the Assignment Regulations – Services not subject to electronic assignment:
- Dedicated Servers,
- Hosting Services,
- SSL Certificates