UK Domain Terms & Conditions

IT Support and Services

The Small Print

The contract between the Applicant and Net-3.co.uk Ltd contains the following terms and conditions:-

1 Net-3.co.uk Ltd will :

1.1 Process the application and consider whether to accept or reject it in accordance with the criteria for the Domain And Sub-Domains in force at the time of the application for registration

1.2 (if the application is accepted) Enter the Domain Name and other relevant details in the Register of Domain Names as a pending registration and, on receipt of the fee convert the pending registration to a full registration

2 Domain Name Registrations

2.1 The initial registration period is between one and ten years from the date of the application for registration or two years in the case of UK domain names. Thereafter, the registration may be renewed indefinitely for further periods of one or more years, on payment of the renewal fees applicable from time to time, and subject to clause 7 below

2.2 Upon receipt of Your domain name registration information, We shall submit the information to the registry administrator for the appropriate domain extension for approval and processing. The registry administrator then puts into effect the domain name registration.

2.3 Once the Domain Name and the Applicant’s details have been entered in the Register of Domain Names as a full registration no refund of fees will be payable by Net-3.co.uk Ltd

2.4 IMPORTANT NOTE all registrations remain the property of Net-3.co.uk Ltd until payment has been made in full. Net-3.co.uk Ltd has the right to withhold the domain name until all monies owed by the applicant or the applicants client has been received. Regardless of whether they relate to the actual domain name registered.

2.5 Net-3.co.uk Ltd cannot transfer any non-UK domain names to a new registrar until 60 days from the initial domain registration has elapsed or 7 days prior to the expiry of a domain name – this only applies to a full domain transfer, customers are free to use whoever they wish to provide the web hosting and email service which can be transferred at any time by means of a DNS Server change.

2.6 Net-3.co.uk Ltd cannot perform a full transfer of any UK domain names i.e ISPTAG change once the expiry date of the domain has been reached – if you still wish to transfer your domain to a different provider you must renew your domain name with Net-3.co.uk Ltd before the tag change can be carried out.

3 Selection of a domain name

3.1 You represent that, to the best of Your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

3.2 If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so (“Sunrise Period”), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.

3.3 By registering or renewing a .uk top-level or second-level domain and agreeing to these terms & conditions, You agree that You have read and agree to the Nominet Terms & Conditions of Domain Name Registration. If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms &Conditions.

3.4 Upon submitting a registration through your Our control panel, We will submit your application to the relevant registry for processing. However, it is Your responsibility to check using WHOIS that Your domain registration has been successful twenty-four hours after payment has been made to Us. To check that the contact details assigned are correct and valid please see ‘Domain Contacts’ via Our control panel.

4 IMPORTANT

4.1 Net-3.co.uk Ltd is entitled to Register of Domain Names on a first come, first served basis, whether or not it has received payment for their registration; and, until Net-3.co.uk Ltd has confirmed it as a pending registration, there is no guarantee that the Domain Name applied for will be entered in the Register as such. Applicants are advised not to take any action in respect of the registration of a Domain Name before it becomes a full registration

4.2 Net-3.co.uk Ltd may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances. Exceptional circumstances include, in particular: where to maintain the registration would put Net-3.co.uk Ltd in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with the criteria for the Domain And Sub-Domains in force at the time of the application for registration

4.3 Net-3.co.uk Ltd does not accept any responsibility for the use of any Domain Name on the Register of Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts

4.4 Net-3.co.uk Ltd will use its reasonable endeavours to ensure that the appropriate details of the Applicant’s registration are correctly entered and maintained in the Register of Domain Names. It is ultimatley the customers responsibility to keep their details true and accurate and inform Fast-name should any of these peronal details change.

4.5 Net-3.co.uk Ltd’s liability to the Applicant under the contract or otherwise (including liability for negligence) is limited to 125% of the registration fees paid in respect of a particular period of registration

4.6 The Applicant warrants to Net-3.co.uk Ltd that the details submitted by the Applicant to Net-3.co.uk Ltd are true and correct, and that future additions or alterations to those details will be true and correct

4.7 The applicant warrants to Net-3.co.uk Ltd that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. Net-3.co.uk Ltd’s remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name

4.8 The Applicant indemnifies Net-3.co.uk Ltd and each of the owners & directors against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from Net-3.co.uk Ltd’s negligence or breach of the terms of the contract); and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim

4.9 The Register of Domain Names will include the names of the Applicant and the Administrative Contact and other details relating to them. This information (if it refers to individuals) is `personal data’ for the purposes of data protection legislation. The Register of Domain Names may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.

5 Fees

5.1 11. In consideration for Us providing domain name registration Services to You, You agree to pay Us, prior to the approval of the desired domain name registration, the amounts set forth in Our Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

5.2 Your application will not be registered until We have received payment of the registration fee. If We do register a domain name prior to payment of the registration fee, We reserves the right to cancel the registration or restrict use of the domain name until payment has been received. All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

5.3 In the event of a charge back by a credit card company or other payment provider authorised by Us, the domain name registration shall be transferred to Us as the paying entity for the registration. We may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.

5.4 Payment must be made by credit card or other methods we indicate in Our registration application or renewal form. We will renew Your domain name for You provided Your credit card or other billing information is available and up to date. If Your billing information is not accurate and You wish to renew Your domain name registration, we will contact You to update this information and charge accordingly.

5.5 Domain credits are non-refundable as they enable the purchase of domain names at discounted prices, based on an up-front commitment.

5.6 Domain credits can be used for new registrations via the control panel, and will automatically be used for renewals of existing appropriate domain names. Domain credits expire 2 years after purchase and must therefore be used within 720 days of their date of purchase. Unused domain credits will be deleted from your account 720 days after their initial date of purchase. UK domain credits can only be used for 2 year registration/renewal periods. Eu domain credits can only be used for 1 year registration/renewals and all other tld’s credits can be used between 1-10 years.

6 Term

6.1 These terms shall remain in full force during the length of the term of Your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should You choose to renew or otherwise lengthen the term of Your domain name registration, then these terms and conditions will apply.

6.2 To ensure Your domains are not lost We operate a positive renewal system on all Our domains. Your domain will automatically renew for the term it was registered for unless You opt-out of this Service through Your control panel or update the renewal period prior to any renewal. This is not refundable and it is Your responsibility to ensure valid contact and payment details are on Your account at all times. Failure can lead to suspension.

6.3 Our domain renewal process is automated, however, it is Your responsibility to check that Your renewal has been successful within one month of the renewal date. You will automatically be charged for the renewal of the domain 30 days prior to its expiry.

6.4 For .uk domains You can do this using Nominet’s WHOIS search at https://www.nominet.uk/whois, and for all other domains we recommend using the https://whois.icann.org/en website domain lookup facility to see the updated expiry date.

6.5 Ownership of data

6.5.1 You agree and acknowledge that We owns the following:

(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which We acts as the registrar including:
(d) the original creation date of the registration;
(e) the expiration date of the registration;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.

6.5.2 We do not have any ownership interest in Your specific personal registration information outside of Your right in Our domain name database.

6.6 Transfer of ownership

6.6.1 The person named as Registrant shall be the “Registered Name Holder.” The person named as “account contact” at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the “Transferee”) Registrant shall require the Transferee to agree, in writing to be bound by all the terms. If the Transferee fails to be bound in a reasonable fashion (as determine by Tucows in its sole discretion) to these terms, any such transfer will be null and void. Registrant explicitly authorises Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. Upon making changes to the registrant first name, last name, company name and/or email address, a 60 day transfer lock will be applied to the domain registration.

6.6.2 For UK domain names the transfer of ownership can be actioned via the Our control panel by the person named as account contact at the time the controlling account was secured who shall be deemed the designate of the Registrant with the authority to manage the domain name. The registrant shall be required to agree, in writing to be bound by these terms and conditions.

7 If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted

8 The contract may be assigned by Net-3.co.uk Ltd

9 Net-3.co.uk Ltd may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name. All transfers and renewals will be made under Net-3.co.uk Ltd’s Terms & Conditions for the Registration of Domain Names current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor

10 Any notice to be given under the contract shall only be deemed to be served if delivered by hand or sent by prepaid 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. The notice will be effective: if delivered, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting

11 These terms and conditions, constitute the entire agreement between Net-3.co.uk Ltd and the Applicant for the registration of the Domain Name, and supersede all prior agreements, understandings and representations whether oral or written. Subject to clause 8 above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of the Applicant and Net-3.co.uk Ltd.

12 This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England and Wales. A Other Applicable Terms and Conditions for Domain Registration

13 Specific TLD Registration Agreements For UK Domains registrations (.co.uk, .org.uk, .me.uk) you must agree to the following terms and conditions:

Nominet Terms & Conditions

Nominet Rules

i For .com, .net, and .org domain name registrations you must agree to the following terms and conditions:

gTLD Registration Agreement The ICANN Uniform Domain-Name Dispute-Resolution Policy For .info, .biz, and .name domain name registrations you must agree to the terms and conditions relevant to that top level domain:

.info Registration Agreement .biz Registration Agreement .name Registration Agreement These terms and conditions do not affect your statutory rights as a consumer.