Domain Name Registrations Terms and ConditionsThe following terms and conditions apply to the Brand Selection Limited (Brand Selection) domain name registration and domain name management services:Governing Bodies ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .uk, .org.uk, .ltd.uk and .plc.uk top-level domains. Upon Brand Selection's receipt of domain name registration information from you, Brand Selection shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .uk, .org.uk, .ltd.uk and .plc.uk top-level domains. Selection Of A Domain Name You represent that, to the best of the 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 upon 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. By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the Terms & Conditions of Nominet. Fees The current pricing of our domain names is as follows: These costs represent the full cost of domain name registration, renewal and maintenance for the registration period and are inclusive of any/all current listed bundled services and online based customer service. We do not offer a telephone based customer service option. Certain special non-standard additional services require an additional fee, these include: Should any changes to the above charges effecting your account or domain registration come into effect you will be notified at least thirty (30) calendar days in advance by email to your accounts registered email address. As consideration for Brand Selection providing domain name registration services to you, you agree to pay Brand Selection, prior to the approval of the desired domain name registration, the amounts set forth in the price schedule, for the initial registration of the domain name and any subsequent renewals as they become due. Your application will not normally be registered until Brand Selection receives actual payment of the registration fee. If Brand Selection does register a domain name prior to payment of the registration fee, Brand Selection reserves the right to cancel that registration or restrict use of the domain name until full 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. Payment must be made by the methods we indicate in the registration application or renewal process. To help ensure your domains are not lost, by default we operate a positive renewal system on all our domains. That is your domain will automatically renew for the term it was initially registered for. You can opt out of this service by contacting through email or via our contact form at least 30 days prior to the end of the domain name's current registration period. In the instance where you have chosen to opt out of the domain name auto-renewal, we will send out expiration reminder emails 30 days, 14 days, 7 days and 1 day before expiry. We will send the emails to the email address on the account, it is the registrants responsibility to make sure their contact details are up to date. We take no responsibility if your domain renewal fails due to your contact details being incorrect. If no opt-out has been made and the domain name renewal has taken place, this fee is not refundable. It is your responsibility to check that your domain renewal has been successfully completed within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs Tool. All other domains can be checked using the Network Solutions For all .uk domain names registrations using our registration service - If the domain name registration is not renewed before its expiry date it will have all services we provide suspended. You will then have up to 30 days (protected period) after to renew the domain name at the original renewal fee. After 30 days your domain will be suspended and will go into a 60 day grace period which you can still renew your domain name but with an additional redemption fee of £10. This must be requested by email before the 75th day your domain has expired, after 90 days your domain will be cancelled and deleted from the register. Once the domain name has been placed in suspended status we do not guarantee the renewal of a domain name, but will return fees if this is unsuccessful for any reason. If no payment has been received from you by this time the domain name will normally be deleted and will be available for registration by any other company or individuals. It is not recommended to leave a domain name until this point if you wish to retian it, for example with the hope to re-register it at this time. Many domains, particualrly in demand ones are re-registered quickly following their release by companies for themselves or for their clients using 'Drop-catching' services, including our own. For all .uk domain names using our Managed Domain Registration service (default for domain names sales customers) the domain name will not be released until at least after 6 months of failing to receive payment when due or any return contact from the customer when reasonable measures to contact them have been made. The domain name can only be redeemed later if it is still available on full payment of the overdue amount due for the service, plus an additional administration fee of £100 per year.
Customers who in this situation are able to obtain the forced transfer of the domain name to them at another registrar at this point, are still liable to settle all outstanding fees due in regard of the domain name, and if these remain unpaid within 28 days legal action against the party will be commenced.
Term of Agreement This Agreement shall remain in full force during the length of the term of your domain name registration(s) with Brand Selection. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar with our approval, the terms and conditions of this contract shall cease. Contact With Brand Selection You acknowledge and recognize that all contact with Brand Selection in the first instance should be made through our online support Contact Form Customer Support Online customer support is available through the online Contact Form as the first point of contact. This service is available 24 hours and we will normally respond to you within 1 working day and will aim to resolve any issues you have within 5 business days. We will endeavour to resolve your problems as quickly as possible within this time frame. There is no charge for customer service which is inclusive in your domain registration fee. We do not offer any telephone based customer service option. Abuse Complaints If you wish to raise a complaint about abuse you have received, for example phishing scams, spam emails and others. Please contact us through our online support Contact Form and start the message subject line with - 'Abuse'. Include as much detail about the abuse as you can provide in your message, we will begin to look into this straight away for you.
Complaints and Feeback We try to provide the highest of levels of service possible to our customers at all times, but understand from time to time it is possible that things may go wrong or not be 100% to your satisfaction all of the time. In which case if you would like to make feedback or in the rare event, a complaint regarding any aspect of our service, please make us aware of this and all relevant details through our contact form Contact Form. We will read and take into consideration all feedback and use it to try and improve our services further. We will make every effort to promptly resolve any issues there may be to your satisfaction. We will acknowledge all complaints within 1 business day and aim to resolve any issues within 5 business days. If in the unlikely event you cannot achieve a satisfactory conclusion to your issue through this channel. You can contact our Customer Services manager in writing detailing your complaint, along with any steps you would like to see to resolve the matter to: Customer Complaints: You will receive a response to this complaint either by telephone, or in writing by email or postal mail within 5 working days of receipt of the written complaint. For .uk domain name registrations, you may also escalate your issue to Nominet (the .uk domain registry) by following this link.
Domain Name Registration Information and Its Use As part of the registration process, you are required to provide to Brand Selection and keep updated at all times the following information in connection with your application for domain name registration: (a) the domain name to be registered; Additional Information Maintained about your Registration In Addition to the information you provide, we maintain additional information relating to your domain name registration, including: (a) the original creation date of the registration; Obligations Relating to Data Provided by You If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement. Disclosure and Use of Registration Information You agree to authorise Brand Selection to provide any information to ICANN or Nominet, the registry administrators and to other third parties as ICANN, Nominet and applicable laws may require or permit. You acknowledge and agree Brand Selection may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through WHOIS service or for any purpose as required or permitted by ICANN, Nominet and applicable laws. In addition, you acknowledge that ICANN and Nominet may establish guidelines, limits and requirements that relate to the amount and type of information that Brand Selection may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information. You may request your domain name registration information in Brand Selection's possession, to request the review, modification or update of such information. We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. Ownership of Data You agree and acknowledge that Brand Selection owns the following: (a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database; Brand Selection does not have any ownership interest in your specific personal registration information outside of your right in our domain name database. Transfer of Ownership The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. For further details and to action any transfer of ownership please login to your Brand Selection control panel. Agents and Licences You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement. You acknowledge and agree that if you licence the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely resolution of any problems that may arise in connection with domain name and domain registration. If you receive a request to register a domain name on behalf of a third party you acknowledge and agree that you must register the domain name in their name and that you may only register the domain name in your or your organisation's name with the explicit prior written consent of the third party. You agree that if you register a domain on behalf of a third party, Brand Selection can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry. Limitation of Liability You agree that Brand Selection shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits or earnings, arising out of or in connection with this Agreement, even if Brand Selection has been advised of the possibility of such damages, and in particular Brand Selection will not be liable for the following: (a) suspension or loss of your domain registration; Brand Selection shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration. Brand Selection's maximum aggregate liability shall not exceed the greater of: (a) the total amount paid by you in registration fees for the domain name for the current registration period; and Indemnification of Brand Selection You agree to defend, indemnify and hold harmless Brand Selection and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. Representations and Warranties You represent and warrant that: (a) all information provided in connection with your domain name registration is accurate; and You acknowledge and agree that all domain name registration services provided to you by Brand Selection are provided on an "as is" basis. Brand Selection makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Brand Selection makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you. Breach and Revocation Brand Selection reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that: (a) you materially breach this Agreement; You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Brand Selection) or registry administrator procedures approved by an ICANN-adopted policy, or Nominet to correct mistakes by Brand Selection, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name. You also agree that Brand Selection shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (30) calendar days prior written notice, or at such time as Brand Selection receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. You acknowledge and agree that: (a) providing inaccurate information; Other Terms and Conditions Force Majeure. Brand Selection shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control. Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Brand Selection to you shall be deemed to have been given if delivered by email or postal mail using the contact information you have provided. Governing Law. This Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom. General Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in. Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Brand Selection Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement. Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties. Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several. No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege. Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Brand Selection will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Brand Selection as reflected in the original provision. No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name. Specific TLD Registration Agreements The exact terms of domain name sales and the contract can be additionally defined based on the circumstances of the particular sale and any specific additional or supplementary terms agreed between buyer and seller in that instance. Such additional or supplementary terms can be tailored in response to the particular requirements of a buyer at their request. However unless otherwise specifically indicated and agreed in writing, the following general terms are applicable to all domain name sales from Brand Selection Limited. Once a domain name sale has been completed and where the domain name is left with Brand Selection Limited as the domain name registrar; for example as part of the default domain name management service contract, the Domain Name Registrations Terms and Conditions also apply in full. The 'Limitation of Liability', 'Indemnification of Brand Selection', 'Representations', 'Warranties Breach and Revocation' and 'Other Terms and Conditions' paragraphs of the Domain Name Registrations Terms and Conditions document all, also apply fully to the Domain Name Sale - General Terms and Conditions terms in all instances. These terms and conditions together with any additional specific terms of the particular sales agreement formed from subsequent correspondence between buyer and seller constitute the Domain Name Sales Contract. The domain sale process will be conducted entirely online and no additional paper contract for signing to that set out by these terms will provided unless specifically requested by and agreed with the buyer. Definitions:- Sale Agreement:- The terms and conditions resulting from the negotiations between the buyer and seller from their various correspondence up to and including the agreement of sale. Domain Name Sales Contract:- All the agreed terms constituting the domain name Sale Agreement including the terms of the General Domain Name Sale Terms and Conditions specified herein unless specific exclusions or modifications to individual terms of this are otherwise agreed in writing (Email correspondence) in the sale agreement. Brand Selection Limited Hereafter referred to as the 'Seller'; and: The individual, corporate body; employee, agent or representative of the legal entity; customer of Brand Selection Limited who has agreed to buy the domain name. Hereafter referred to as the 'Buyer'. (a) To transfer the registration of the domain name to the buyer in fulfilment of the agreed terms of sale upon the Buyers satisfaction of all their commitments under the Domain Name Sales Contract including receipt of payment in full unless otherwise agreed.
(a) The domain name remains property of the seller until such time as it is paid for in full and all outstanding invoices associated with it (including Invoices relating to late payment and or compensation) are settled. Where the domain name is transferred to the Buyer in advance of receipt of payment or full payment being received by the Seller the domain name cannot be used by the buyer or associated parties until such time as paid for in full unless otherwise agreed and clearly stated in the sale agreement. (b) In the event of any dispute, following non-payment of funds or other breach of this agreement by the buyer, the rights to and legal ownership of the domain name will revert back to the seller until such time as the dispute/issue can be resolved to the satisfaction of both parties. Should the parties be unable to resolve the matter to their mutual satisfaction the rights to and legal ownership of the domain will be retained by the seller. (c) Should the sale agreement include an initial deposit or a payment schedule providing for payment in installments the seller is under no obligation whatsoever to provide any form of refund or compensation either in full or in part to the buyer for amount/amounts already paid, following their acceptance of this agreement and the transfer of the first payment regardless of reasons or circumstances; in the event the buyer no longer wants to proceed with the completion of the purchase of the domain name at a later date for whatever reason or they fail to make remaining payment due for any reason. (d) Should the buyer fail to meet the agreed payment or scheduled payment due date/dates, and unless otherwise agreed with the seller in writing at such a time, the buyer must immediately transfer the domain name registration back into the name of the seller. Should usage of the domain name by the buyer or associated party before full payment is received have been agreed, they must cease their use of the domain name immediately; until such time as they can fulfill all their outstanding obligation/s for completing payment or completing the specific payment due and outstanding under any payment schedule, or until otherwise authorised by the seller. This will also include at this point settlement of any additional charges that may have arisen as a consequence of delayed payment in accordance with paragraph 3(e) below. (d) Upon agreement of sale exact payment method and terms will be agreed. Where the transfer of registration of the domain name is agreed to be carried out before payment or full payment (for example following a deposit or a schedule to pay in installments), failure to pay the final payment or the next payment due in the schedule within two weeks of the specified due date signifies breach of contract and may result in the transfer being revoked and legal action being taken. Following this date and where no other action has been taken and whilst the domain name control and or registration remains in the hands of the Buyer, interest will be chargeable on the amount due for each day it remains outstanding at a rate of 2.5% per month from the due date until cleared payment is received; or until, in the instance of other action the domain name registration is restored to the Seller. In all cases when two weeks from the due date has passed a compensation charge of £150 will also be levied against the buyer to cover additional time and administrative costs incurred in trying to obtain the payment. Should circumstances mean transfer of the domain name back to the seller is required there will be an additional £250 compensation and administration charge made to cover administration, and transfer costs and additional expenses incurred in the transfer of the domain name back to the seller. In addition the Buyer will also be come liable to Seller to reimburse him for any legal costs he may have incurred in completing this action. (a) Complete all their responsibilities in the transfer of the domain name, this entails all the administration tasks in this process that cannot be provided by Brand Selection; including but not limited to completion of the online transfer procedure with Nominet UK. (b) Abide by the payment schedule and payment method set out in their sale agreement. All payments should be instructed by the buyer in order to be received by the seller in their bank account no later than the agreed date or dates set out in the payment schedule. (c) Fully adhere to and respect all other terms and provisions of their Domain Name Sales Contract. (d) Cooperate in the procedure of transfer of the domain name back to the seller, and perform any necessary steps asked of them in order to fulfill this action in accordance with 2(b) above, should they be unable to meet any of their responsibilities detailed in 3(a), 3(b) and 3(c) above. (a) Sold domain names will remain under our Brand Selection registrar unless transfer away from Brand Selection to another registrar is requested. By default they will be placed on our standard managed registration plan, this service will be free of charge until the end of the current registration period of the domain name whereafter it will be billed at a standard rate of £29.95 / year for all domains (.uk domains 2 years at a time). Where the domain name expiry date is with in 6 months of the the date of sale for .uk domain names or 3 months for .com domain names and other extensions there will be no charge for the first year of this service and the charge will become due the following year. This service will be renewed 90 days prior to end of the current registration term of this domain name when the domain will automatically be renewed on the customers behalf. If you wish to cancel this service or move to another registrar please advise us before this time so as not to be liable for the charge for the following period. Transfer away from Brand Selection can be requested at any time and the request will be completed normally within 48 hours. There is no charge made for this transfer at any stage, although if any invoices relating to the domain name remain outstanding we would request that these are paid in full prior to the transfer of registrars being made. |
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