In order that
a party may hold a valid .co .uk or .org .uk domain
name registration, NOMINET UK, the entity granted
the exclusive right to administer the. registry
for .uk domains, requires that all organisations
or individuals applying to register, transfer
or renew a .uk domain name ("Customer(s)")
adhere to the following terms and conditions.
As a Customer, you accordingly agree as follows:
1. NOMINET UK's Rules For The .uk Domain And
Sub-Domains and the procedures of NOMINET UK's
Dispute Resolution Service, in each case as amended
from time to time, form part of the contract.
Copies of those Rules and procedures may also
be obtained directly from NOMINET UK.
2. If the Customer uses an agent for payment
of fees, NOMINET UK will first seek payment from
the agent; but if the agent does not pay the fees
for whatever reason, NOMINET UK will have the
right to recover the fees from the Customer.
3. The Customer (or the transferee, as the case
may be) will:
3.1 except where this is the responsibility of
the Customer's agent) obtain the consent of individuals
whose personal data are to be held on the Register
of .UK Domain Names to the access referred to
in Clause 7.10 below;
3.2 pay the initial registration fee to NOMINET
UK within one month after the issue of NOMINET
UK's invoice;
3.3 sign and return the reply form attached to
the Registration Certificate, issued by NOMINET
UK under clause 4.2 below, confirming the Customer's
acceptance of these terms and conditions;
3.4 promptly notify NOMINET UK of any change
to its registered details, including where an
agent is appointed, any change to the agent's
details; and
3.5 promptly notify NOMINET UK of any actual
or threatened proceedings brought in respect of
the name used as a Domain Name whether by or against
the Customer.
4. NOMINET UK will:
4.1 process the application and consider whether
to accept or reject it in accordance with the
criteria laid down in NOMINET UK's Rules For The
.uk Domain And Sub-Domains in force at the time
of the application for registration.
4.2 (if the application is accepted) enter the
Domain Name and other relevant details in the
Register of .uk Domain Names as a pending registration,
and, on receipt of the fee, issue a Registration
Certificate to the Customer; if the application
is not accepted, NOMINET UK will notify the Customer
or the agent and return any payments received;
4.3 convert the pending registration to a full
registration on receipt of both the initial registration
fee and the correctly completed reply form attached
to the Registration Certificate; and
4.4 (subject to clause 11 below) on receipt of
the Registration Certificate, the correctly completed
Transfer of Registration on the reverse of the
Certificate and the transfer fee applicable at
the time of the transfer, register the details
of a transferee of the Domain Name registration.
5. The initial registration period is two years
from the date of the application for registration.
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 11 below.
6. The Customer (either directly or via an agent)
may surrender the registration of the Domain Name
by notice in writing to NOMINET UK at any time
prior to issue of a Registration Certificate and
on issue of the Certificate for that Domain Name,
by sending to NOMINET UK the Certificate and the
correctly completed Surrender of Registration
(on the reverse of the Certificate). No other
method of surrender is permitted after issue of
a Certificate. Once the Domain Name and the Customer's
details have been entered in the Register of .UK
Domain Names as a full registration no refund
of fees will be payable by NOMINET UK.
7. NOMINET UK is entitled to register Domain
Names on a first come, first served basis, whether
or not it has received payment for their registration;
and, until NOMINET UK 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. Customers are advised not to take any
action in respect of the registration of a Domain
Name before it becomes a full registration.
7.1 If payment and the correctly completed reply
form attached to the Registration Certificate
are not received by NOMINET UK, NOMINET UK is
entitled to cancel the pending registration by
notice in writing to the Customer or the agent.
7.2 NOMINET UK may cancel the registration or
suspend the delegation of a Domain Name in exceptional
circumstances by notice in writing to the Customer
or the agent. Exceptional circumstances include,
in particular: where to maintain the registration
would put NOMINET UK in conflict with statutory
obligations or the terms of a Court Order, or
where the registration or use of the Domain Name
conflicts with NOMINET UK's Rules For The .uk
Domain And Sub-Domains in force from time to time.
7.3 NOMINET UK does not accept any responsibility
for the use of any Domain Name on the Register
of .UK Domain Names and in particular for any
conflict with trade marks, registered or unregistered,
or with rights to names in other contexts. A Registration
Certificate is not intended to be evidence of
ownership of the name used as a Domain Name.
7.4 NOMINET UK will use its reasonable endeavours
to ensure that the appropriate details of the
Customer's registration are correctly entered
and maintained in the Register of .UK Domain Names.
All conditions and warranties which may be implied
(by law or as a result of prior negotiations)
into the contract between NOMINET UK and the Customer
are excluded to the extent permitted by law. In
no circumstances will NOMINET UK be liable for
any loss of profit, business or anticipated savings
suffered by the Customer.
7.5 NOMINET UK's liability to the Customer 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.
7.6 The Customer warrants to NOMINET UK that
the details submitted by the Customer to NOMINET
UK are true and correct, and that future additions
or alterations to those details will be true and
correct.
7.7 The Customer warrants to NOMINET UK 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. NOMINET UK'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.
7.8 The Customer indemnifies NOMINET UK and each
of the members of its Council of Management 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 NOMINET UK'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.
7.9 The Register of .UK Domain Names will include
the names of the Customer 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.
NOMINET UK 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.
8. The restrictions and indemnities in clause
7 above are considered to be reasonable in the
context of NOMINET UK's status as a not-for-profit
company limited by guarantee that is performing
a service on a cost-recovery basis.
9. 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.
10. The contract may be assigned by NOMINET UK.
The Customer may assign the contract subject to
any change made pursuant to clause 11 below, and
transfer the registration of the Domain Name,
by sending to NOMINET UK the Registration Certificate,
the correctly completed Transfer of Registration
on the reverse of the Certificate and the transfer
fee applicable at the time of the transfer. No
other method of transfer is permitted.
11. NOMINET UK 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 NOMINET UK'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.
12. 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. 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.
13. These terms and conditions, together with
the Rules and procedures referred to in clause
1 above, constitute the entire agreement between
NOMINET UK and the Customer for the registration
of the Domain Name, and supersede all prior agreements,
understandings and representations whether oral
or written. Subject to clause 11 above, no variation
may be made to the contract unless it is in writing
and signed by authorized representatives of the
Customer and NOMINET UK.
14. The contract shall be governed by English
law, and the Customer and NOMINET UK submit to
the exclusive jurisdiction of the English Courts.
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