You may have registered a Domain Name through a third party (usually, but not always, your
internet service provider). In these terms and conditions, the term "Agent" means such a third
party.
- What we will do
We will process your application to register a Domain Name and consider whether or not to accept
it in accordance with the criteria laid down in the Rules;
1.1. If your application is accepted, we will inform you or your Agent. If your application is
rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or
your Agent (as appropriate) any payments received;
1.2. Unless the current Rules of the relevant sub-domain state to the contrary, we will register
Domain Names on a first come, first served basis. Until we accept your application, there is no
guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore
recommend that you do not take any action in respect of a Domain Name until you have received
confirmation from us that your application has been accepted.
1.3. After your application has been accepted, we will enter the Domain Name and other relevant
details (namely the data described in clause 6 below, together with details of your Agent, if any) in
the Domain Name register database for the requested second level of the .uk top level domain
(the "Register").
1.4. We will use the information in the Register entry for the Domain Name to enable the
resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in
the Register entry for the Domain Name. For further information about the technical requirements for
registering a Domain Name, please contact your Agent.
1.5. After your application has been accepted and we have received your registration fee, we will
issue you with a registration certificate and a reply form.
1.6. Subject to clause 8 below, we will transfer your Domain Name and update the Register
accordingly on receipt of correctly completed transfer documentation from you and any relevant
transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the
subject of legal proceedings or proceedings under our Dispute Resolution Service.
1.7. Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain
Name and details have been entered in the Register.
1.8. Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on
the Register (other than the registrant field), if we receive instructions and approval from you or
your Agent.
1.9. Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the "registrant"
field of the Register if we receive authorisation directly from you.
- What you must do
2.1. You must ensure that we receive the registration or renewal fee within one month after the
issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility
to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue
of our invoice.
2.2. You must sign and return to us the reply form which we will send to you after registration or
renewal as appropriate.
2.3. You must inform us promptly of any change in your registered details, and those of your Agent
if applicable. It will be your responsibility to maintain and update any details you submit to us and
to ensure that your details are up to date, and accurate. In particular, it is your responsibility
directly or by your Agent to ensure that we have your full and correct postal address.
2.4. You must promptly inform us of any court proceedings brought in respect of the Domain
Name.
2.5. Any name server listed in the Register entry for the Domain Name must respond authoritatively
to requests for the Domain Name at all reasonable times.
- Renewal of your Domain Name Registration
3.1. The registration period is two years from the date of entry into the Register of your Domain
Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have
the right to renew the Domain Name registration by entering into a new Contract with us for further
periods of two years.
3.2. Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will
contact your Agent (at the Agent's address appearing in the Register) to request payment of the
relevant renewal fee.
3.3. If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for
the Domain Name indicates that you wish to be invoiced direct, we will request payment of the
relevant renewal fee direct from you at the registrant address appearing in the Register.
3.4. If we fail to receive the renewal fee within thirty (30) days of our making a request for the
renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment
within the suspension period we will cancel your registration without further notice to you. During
any period of suspension, we will not point to any name servers listed in the Register entry for the
Domain Name, and you will be unable to use or transfer the Domain Name.
- Exclusions and Limitations of Liability
4.1. Nominet does not carry out any investigation as to whether you are entitled to register or
have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you
have any rights in the name comprised in the Domain Name, and we are not authorising you to use the
Domain Name in the course of trade.
4.2. Nothing in these terms and conditions limits or excludes our liability for death or personal
injury caused by our negligence or for fraudulent misrepresentation.
4.3. We shall not be liable to you whether in contract, tort (including negligence) or otherwise
for:
4.3.1. any loss of profit, revenue or other type of economic loss (whether direct
or indirect);
4.3.2. loss of business or contracts;
4.3.3. loss of anticipated savings or goodwill; or
4.3.4. any losses which a court holds to be consequential, or indirect losses;
arising out of or in connection with the Contract, including but not limited to:
4.3.5. any error or omission in entries to the Register; and
4.3.6. loss of registration and/or use (for whatever reason and whether temporary
or otherwise) of the Domain Name.
4.4. All conditions and warranties which may be implied by law into any Contract with you are
excluded to the fullest extent permissible by law.
4.5. Our aggregate liability to you whether under these terms and conditions or otherwise
(including liability for negligence) shall not exceed £5,000.
4.6. If you are a consumer (ie you are not registering or intending to use the Domain Name in the
course of a business, trade or profession) (a "Consumer"), the provisions of clauses 4.3, 4.4 and 4.5
above will not apply to you.
4.7. Nothing in these terms and conditions will reduce your statutory rights relating to faulty or
misdescribed goods. For further information about your statutory rights contact your local authority
Trading Standards Department or Citizens Advice Bureau.
- Warranties
By entering into this agreement you consent to and warrant the following:
5.1. That you (or your Agent) have obtained the consent of any individual whose personal data is
to be held on the Register in accordance with clause 6;
5.2. That the details and information submitted by you to us are true and correct, and that any
future additions or alterations to your details and information will be true and correct, and that
you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the
current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims
and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this
warranty; and
5.3. That by registering or using the Domain Name (in whatever manner) you will not knowingly
infringe the intellectual property rights of a third party, that you are entitled to register the
Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely
upon this warranty will continue to be available after completion of the registration process and
will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a
Consumer, you shall pay us (including the current or past members of Nominet UK's Council of
Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising
out of any claim that your registration or use of the Domain Name directly or indirectly infringes
the intellectual property rights of a third party.
- Personal Data
6.1. The Register is a public register for the purposes of data protection legislation. The
Register will include your name and postal address, telephone and fax number and email address
together with any other relevant details. This information (if it refers to individuals) is 'personal
data' for the purposes of data protection legislation.
Personal data submitted by you will be:
- Posted onto the Register;
- Unless you are a Consumer and have selected the Consumer opt out provision , posted onto the
WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration
service may point to our WHOIS database. We will publish your name and address but will not publish
your telephone or fax number or email address as part of the WHOIS database;
- Used as part of the Public Register Subscription Service ("PRSS"), or any other service(s)
amending or replacing it. Under the PRSS we provide a compressed form of the Register to subscribers.
We provide the PRSS only to trusted third parties, based within the European Economic Area, under
strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing.
Any service(s) which may replace the PRSS will be provided on similar terms. The PRSS enables
subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but
not your telephone or fax number or email address as part of the PRSS and/or as part of any other
service(s) amending or replacing it. If you are a Consumer you may select the Consumer opt out
provision in respect of the PRSS, or any other service(s) amending or replacing it;
- We may provide your personal data to governmental or law enforcement agencies at their written
request in connection with the conducting of any investigation. We may provide your name and address
to third parties with a legitimate reason for requesting the information upon their written
request;
- Otherwise, we will provide your personal data to third parties only if required to do so by a
court order.
You may write to us to request a copy of the personal data held by us about you. We may charge a
reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will
adopt appropriate security procedures in relation to the storage and disclosure of information
provided by you in order to prevent unauthorised access. Our security procedures mean that we may
occasionally request proof of your identity before we are able to disclose personal information to
you. Other than the uses identified above, we will not disclose your personal information to others.
Please note that if at any point we discover that you are no longer a Consumer, we will automatically
post your personal data onto the WHOIS and the PRSS and/or onto any other service(s) amending or
replacing the PRSS in accordance with clause 6.1(b) and (c) above without further notice to you.
You should be aware that personal data posted on the WHOIS database may be accessible to countries
outside the European Economic Area. By registering a Domain Name you consent to your personal data
being transferred out of the European Economic Area and to our use of your personal data for the
purposes specified above.
- Domain Name Dispute Resolution Service
7.1. You will be bound by the Policy and Procedure of our Dispute Resolution Service which are
incorporated into these terms and conditions and made a part of the Contract by reference. The
current version of the Policy and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html
7.2. If a dispute arises, you agree to be bound by the Policy and Procedure which are current at
the time that proceedings under the Dispute Resolution Service are commenced until the dispute is
over.
7.3. Neither we nor our directors, officers, employees or servants nor any expert shall be liable
to a party for anything done or omitted in connection with any proceedings under the Dispute
Resolution Service unless the act or omission is shown to have been in bad faith.
- Termination/Cancellation, Suspension and Amendment of the Register
8.1. You or your Agent may surrender registration of the Domain Name by notice in writing to us at
any time prior to our receiving payment.
8.2. After we have received payment for a Domain Name, only you (and not your Agent) may surrender
the Domain Name.
8.3. After payment has been received but prior to the issue of a registration certificate you may
surrender the registration by writing to us on headed notepaper which corresponds to the registrant
address field of the Register entry for the Domain Name.
8.4. If a registration certificate has been issued, you may surrender the Domain Name by correctly
completing the surrender of registration form (on the reverse of the registration certificate).
8.5. If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the
means set out in clause 10.4 below at any time up to and including 7 working days following the day
on which the Contract is concluded, i.e. the date on which we give notice to you or your Agent that
we have accepted your application to register a Domain Name. If you register or use the Domain Name
in the course of a business, trade or profession, you will not have this right to cancel the
Contract.
8.6. If you cancel the Contract in accordance with clause 8.5 then we will provide you or your
Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on
which we receive notice of your cancellation. If we refund your Agent, you may have to seek direct
from your Agent any further component of the fees which you have paid.
8.7. We may cancel or suspend the registration of a Domain Name by providing you with notice in
writing in the event of the following:
8.7.1. if we do not receive your registration or renewal fees in accordance with
clause 2.1 above; or
8.7.2. if you are in breach of the terms of this Contract (including the Rules) and
in the case of a breach which is capable of remedy you fail to remedy this within 30 days of
receiving written notice from us to do so; or
8.7.3. if we receive independent verification that you have provided grossly
inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up
to date;
8.7.4. if you are in breach of the warranties contained in clauses 5.1 and 5.3 of
the Contract; or
8.7.5. if the Domain Name is being administered in a way likely to endanger the
operation of the Domain Name System.
8.8. We may transfer, suspend, cancel or amend the Domain Name registration in the following
circumstances:
8.8.1. upon receiving written instructions from you to take such action together
with any relevant fee; or
8.8.2. upon receiving a copy of a perfected order of a court of competent
jurisdiction requiring such action, or where the retention of a Domain Name by you would be
inconsistent with the terms of a perfected court order received by us or any other legal
requirements; or
8.8.3. if such changes are necessary in order to correct an error relating to the
Domain Name registration; or
8.8.4. following a Decision requiring such action or an agreement reached between
the parties and approved by us relating to proceedings under the Dispute Resolution Service; or
8.8.5. should you at any time withdraw your consent to having your personal data
displayed on the WHOIS and/or the PRSS and/or any other service(s) amending or replacing the PRSS as
set out in Clause 6.1 above; or
8.8.6. if you are a Consumer, should you withdraw from the Consumer opt out and
refuse to allow Nominet to provide your personal data on the WHOIS and/or the PRSS and/or any other
service(s) amending or replacing the PRSS in accordance with Clause 6.1 above.
8.9. If a name server listed for the Domain Name registration does not respond authoritatively to
requests for the Domain Name, we may remove the name server from the Register entry for the Domain
Name.
- Change of Agent
9.1. If you wish to change your Agent, you should first approach your current Agent to arrange
this. If your approach is unsuccessful, we will at your request and on payment of the required fee
record a change of Agent directly onto the Register entry for your Domain Name registration. On
receipt of your request, we will notify your Agent. You will remain liable for any charges you have
incurred under the terms of the contract with your Agent, which may include a fee payable upon change
of Agent.
- General
10.1. If any clause of these terms and conditions is held to be unenforceable in whole or in part
the other terms and the rest of the provisions shall continue to be valid and enforceable.
10.2. We may transfer our rights and obligations under the Contract to any third party. You may
transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.8 and
subject to clause 8 above.
10.3. The internet is an emerging and evolving medium and the regulatory and administrative
framework under which we operate is constantly developing. For these reasons we reserve the right to
make reasonable modifications to the terms and conditions of this Contract (including the Policy,
Procedure and Rules) at any time during the term. We will only do so when we have good reason. No
change will have the effect of requiring an increase in fees from you in advance of the next renewal
of the Domain Name. Except where we are acting in pursuance of a statutory requirement or a court
order, changes will be implemented across the board in all of our Domain Name contracts following a
process of open public consultation. Each such change will be published in advance (where
practicable, 30 days in advance) on our web site: http://www.nominet.org.uk/ and will
become binding and effective upon the date specified therein. You should review our web site
regularly in order to be aware of all such changes. If you do not agree with any change or proposed
change to these terms and conditions you are entitled to terminate the Contract by providing us with
thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your
registration fee in respect of any unexpired portion of the term.
10.4. If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane West,
Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from
9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in
the Policy and Procedure any notice to be given under the Contract shall only be deemed to be served
if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at
its last known postal or e-mail address or fax number. Except as otherwise set out in the Policy and
Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the
date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent
to you will be deemed served if sent to the address appearing in your Registrant's address field.
10.5. This contract is a binding document. Consumers should read it carefully and ensure that it
contains everything you want and nothing you are not prepared to agree to. These terms and
conditions, together with the Rules Policy and Procedure, constitute the entire agreement between you
and us for the registration of the Domain Name, and supersedes all prior agreements, understandings
and representations whether oral or written.
10.6. These terms and conditions shall be governed by the relevant United Kingdom law, and by
agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts
of the United Kingdom.