Domain Name Terms and Conditions
Domain Name Supplemental Terms and Conditions
These supplemental terms and conditions are to be read in conjunction with our General Terms and Conditions. All defined terms within these supplemental terms and conditions have the same meaning as those set out in the General Terms and Conditions. In the event of any conflict between these supplemental terms and conditions and the General Terms and Conditions, the provisions of these supplemental terms and conditions shall apply.
1. Nominet Terms and Conditions
The Company’s domain name service is provided through Nominet, who operate the UK Domain Name registry. By entering into this Agreement with the Company, you also agree to be bound by the Nominet Terms and Conditions of Domain Name Registration which can be read at http://www.nominet.uk/wp-content/uploads/2015/10/Terms_and_Conditions_of_Domain_Name_Registration_1_Sept_2015.pdf
“Domain Name” means a name registered, or to be registered, with the Registry for use as part of your URL;
“Domain Name means the data suppression services which enable personal contact details
Privacy Services” to be suppressed from the publicly available WHOIS database;
“Domain Name means the registration of a Domain Name with the Registry;
“Domain Name means the Domain Name Registration Services, the Domain Name Privacy
Services” Services, and the Domain Name Transfer Services or any or all of them;
“Domain Name means the transfer of a Domain Name from the Company to an alternative
Transfer Services” third party provider;
“Registry” means Nominet.
3. Domain Name Services
3.1 The Company shall provide the Domain Name Services to the Customer.
3.2 In the event of any conflict and/or inconsistency between the provisions of these supplemental terms and conditions or the General Terms and Conditions and the provisions of the Registry Terms, the provisions of the Registry Terms shall prevail, insofar as they relate to the provision of the Domain Name Services to the Customer.
3.3 The Customer shall indemnify the Company against and any all claims, losses and/or damage suffered by the Company as a result of any claim:
a) that a Domain Name infringes the Intellectual Property Rights of any third party;
b) that a Domain Name has been registered in bad faith and/or is being used for any unlawful purposes; and/or
c) in respect of any errors in any information provided by the Customer regarding the Domain Name Services.
3.4 The Customer acknowledges and agrees to provide accurate contact details in respect of the Domain Name Services, and to keep such details up to date. Failure to keep contact details updated may result in the Customer not receiving important information regarding the Domain Name Services, including but not limited to, Domain Name renewal notices. The Customer acknowledges and agrees that the Company cannot accept liability for any loss, damage or claim arising from failure to provide accurate and updated contact details.
4. Domain Name Registration Services
4.1 The Customer acknowledges that for applications for registrations for .plc.uk and .ltd.uk Domain Names, the Customer’s Domain Name must be identical to the Customer’s company name as registered with Companies House and that the company must remain registered at Companies House for the Domain Name to remain registered. The Company shall not be liable for any loss, damage or claim relating to non-registration or revocation of a Domain Name in the event that the Customer does not continue to meet these requirements.
4.2 Registrations for the .uk Domain Name extension are valid for two years. All other Domain Name extensions are valid for one year. Thereafter, the Domain Name Registration Services shall automatically renew for further periods of:
a) 24 months in respect of .uk Domain Names; and/or
b) 12 months in respect of all other Domain Name extensions;
(In each case a “Renewal Period”,) until and unless terminated by the Customer upon giving the Company notice to terminate prior to the first anniversary of the Customer’s Domain Name Registration or prior to the anniversary of any Renewal Period in accordance with this clause.
4.3 The Company shall send you a reminder prior to the renewal of the Domain Name Registration Services. If the Customer does not wish to renew the Domain Name Registration Services, the Customer must notify the Company within 14 days from the date of the reminder notice, otherwise the Domain Name Registration Services will automatically renew in accordance with clause 4.2.
4.4 Notwithstanding the provisions of clause 4.2, the Fee for all Domain Names will be payable in advance. For the avoidance of doubt, the Fee for two year.uk Domain Name Registration Services shall be payable in one instalment at the time of registration of the .uk Domain Name and every subsequent 2-yearly renewal.
4.5 The Customer acknowledges that the Company’s acceptance of the Customer’s application for Domain Name Registration Services shall not constitute confirmation from the Company that any particular Domain Name is available for registration as this is controlled by the Registry. The Customer understands that the Company cannot take any responsibility for any expenditure the Customer may make in reliance upon the registration of the Domain Name. The Company advises that the Customer does not incur any such expenditure until confirmation is received that the Domain Name has been registered to the Customer.
4.6 Save in the circumstances set out at clause 4.1 above, in the event that a Domain Name is not registered and/or the Registry refuses to register a Domain Name, the Company will refund the Fee in respect of the Domain Name Registration Services.
4.7 The Company’s liability in respect of clause 4.5 shall be limited to the refund of the Fee paid in respect of the Domain Name Registration Services. The Company shall not be liable for any loss, damage or claim relating to the non-registration of the Domain Name or the Customer’s reliance upon the registration of the Domain Name howsoever caused.
5. Domain Name Transfer Services
5.1 In the event that the Customer requests a transfer of a Domain Name to a new service provider, the Customer agrees and acknowledges that:
a) the Customer may not transfer a Domain Name to a new service provider within 60 days of registration of the Domain Name with the Company;
b) the new service provider must be aware of and be able to approve the transfer;
c) the Customer’s submission of a transfer request does not guarantee that the transfer will be successful; and
d) until such time as the transfer is complete, the Customer remains liable for the management of the Domain Name, including the obligation to pay any applicable renewal Charges and any other charges which may become due prior to the transfer date.
5.2 The Customer acknowledges that, in addition to the requirements set out at clause 5.1, the Customer must complete a Domain Name Transfer Form (available upon request). Business users must also provide a written request to use the Domain Name Transfer Services (printed upon their letter headed paper).
5.3 The current fee for the Domain Name Transfer Services is available upon request.
6. Domain Name Privacy Services
6.1 For the avoidance of doubt, domain privacy is available on all .uk domains free of charge for non-trading individuals registering a Domain Name. If the Customer requires this option, the WHOIS opt-out option may be selected at the time the Customer application is submitted or by contacting the Company at any time thereafter.
6.2 The fee for the Domain Name Privacy Services is charged annually in advance and the Customer acknowledges that the Domain Name Privacy Services shall be provided for a minimum period of 12 months. Thereafter, the Domain Name Privacy Services shall automatically renew for further 12 month periods (a “Renewal Period”), until and unless terminated upon giving 45 days notice to terminate prior to the first anniversary of the Domain Name Privacy Services or prior to the anniversary of any Renewal Period.
6.3 If the Domain Name Privacy Services are cancelled by the Customer, the Customer acknowledges that the Customer will not be entitled to a refund of any Charges already paid in respect of the Domain Name Privacy Services for the applicable period.