Domain Name Terms and Conditions

Last updated: 09th June, 2015 at 20:36

While you may consider printing a copy of this document for your records, please note that we reserve the right to change this document at any time, without prior notice. The current version will always be visible on our site.

This agreement governs the terms between you (“Client”, “you” or “your”) and Netcalibre Ltd (“LCHost”, “we”, “us”, “our”) when you register or renew domain names through us.

By requesting that we register or renew a domain name, you agree to these terms. These terms are supplemental to any other terms.

If there are any conflicts between these and other standard terms on this website, the terms in this agreement shall take precedence on products and services to which these terms relate.

These terms may be amended by us at any time and without notice to you. Any changes will be published on our website and will be deemed to be accepted after 7 days, and will apply to any transaction that takes place after their acceptance date.

You accept that our services relating to domain name registration are limited to forwarding your registration or renewal requests to the relevant domain name registrar, either directly or through a wholesaler.

Domain name registrations are usually subject to terms and conditions of registration from the relevant domain name registry, and you agree to be bound by any additional terms contained therein. A partial list is provided in Appendix A on this page, but this should not be relied upon for completeness. Contact our sales department to double check which additional terms may apply.

1. Your obligations

1.1 You agree that the registration of any domain name and the manner in which it which it is to be directly or indirectly used:

1.1.1 Will not infringe on the rights of any third parties
1.1.2 Is not in bad faith or could be otherwise be considered to be an abusive registration under the relevant registration authority’s dispute policies and procedures
1.1.3 Will at no time whatsoever be used for any unlawful purpose (under United Kingdom law and that of the country that the domain registry is based in)
1.1.4 Will not be registered with forged, incomplete, or otherwise defective registrant data (contact details – name, address, telephone numbers), in accordance with our Data Quality requirements/terms set out in section 2.

1.2 You will keep LCHost informed of your up to date and valid email address by amending your customer details as necessary in the customer portal.

2. Data Quality

2.1 As a responsible Internet provider, we are professionally obligated to ensure that domain registrations have legitimate contact details in order to combat fraud and crime.

2.2 If we are in any way unsatisfied with the registration data that has been supplied either at registration or upon change of registrant contact data, we will follow the following process:

2.2.1 In the event that either automated or manual data quality checks highlight some sort of discrepancy between payment data (which our payment processor validates) and registration data, we will manually inspect your order and registration data.
2.2.2 If we believe that the order may be fraudulent or is otherwise deemed “high risk”, we will suspend your account and domain immediately and request identity documentation to validate your payment method.
2.2.2.1 If we are unsatisfied as to the legitimacy of your payment and identity documents that you have supplied, we will refund the payment, suspend any services and cancel your domain registration(s) or seize domain name(s) that cannot be cancelled at the registry until you provide satisfactory, non-reversible payment for the domain registrations at which point they will become available for transfer away to another host.
2.2.2 If we are unsatisfied as to the legitimacy of the registration data provided but are otherwise satisfied that the order is not fraudulent or high risk, we will contact you requesting corrected registration data and/or identity documents proving that the registration data provided is accurate.
2.2.2.1 If we are unable to validate your registration data to our satisfaction within 30 days of the registration data being flagged we will suspend your domain name registration where relevant citing data quality concerns or where the registry does not support such suspension, simply disable your domain.
2.2.3 When we are satisfied that the registration data as provided or as amended is accurate, we will consider the case resolved and will update your domain registration data if necessary and mark your domain registration as validated on any applicable registry system(s) and where necessary put the domain back into service.

2.3 We provide a list of documents we require as part of our fraud and data quality checks in our Identity Documentation Policy.

3. Domain Registration

3.1 While we will use any reasonable endeavours to register a domain name on your behalf we will not be obliged to accept or successfully process any request to register a domain where the domain is, for whatever reason, not able to be registered successfully by automated process.

3.2 We do not offer any representation or offer any warranty (expressed or implied) that any given domain is available for registration or the likelihood that a registration request will be successful

3.3 We cannot guarantee the reservation or registration of any domain name and in any event any registration shall be subject to the registration requirements of the relevant domain registry.

3.4 It remains at all times your sole responsibility to ensure that the domain has been successfully registered by contacting the relevant domain registry or making use of their whois service(s).

3.5 Upon successful registration, we will make reasonable endeavours to notify you by email of any renewal dates, subject to your compliance with term 1.2.

4. Domain Renewal

4.1 We will endeavour to send you multiple domain renewal reminders in advance of the expiry – typically around 60, 30, 15, 7 and 1 day(s) prior to expiry. You will have the option to manually renew your domain early which will prevent further reminders, but if you intend to allow the automatic renewal take place you accept that the system will continue to send you the reminders.

4.2 We will endeavour to automatically renewal domain names when they reach their renewal date provided that:

4.2.1 You have an up to date, valid payment card on file which has sufficient available balance/credit
4.2.2 You did not request that the domain name be cancelled or permitted to expire

4.3 All domains that automatically renew will be renewed for the same period they were originally purchased.

4.4 When automatically renewing domains, we may take payment in advance (though never by more than one month) of the domain expiry to allow payment issues to be detected and corrected prior to the expiry of the domain, in order to prevent interruptions of service. The “due date” where payment will be taken automatically will always be clearly indicated on any bills you are sent for your automatic renewals.

4.5 Payments for domain renewals as with any other service will be taken from whichever payment card you currently have on file – we cannot, do not, and will not track multiple payment cards in a single customer account.

4.6 We have the discretion to vary renewal rates from time to time without prior notice directly to you.

4.7 We do not accept any liability for the loss or interruption of registration of any domain name that has failed to be renewed due to any factors beyond our reasonable control (such as your failing to keep your contact email updated, late payments, and technical failures in 3rd party systems), and in any event our total liability for any resulting costs or damages howsoever incurred shall not exceed the value of the domain registration or renewal invoice.

4.8 In the event that a domain is not renewed prior to the expiry it shall cease to operate and be deemed to have “expired” as per our Expired Domains Terms and Conditions, and any renewal of an expired domain shall be governed by the terms therein.

5. Domain Transfers (to us)

5.1 Some domain transfers require that the domain registration be renewed for at least one additional year. The billing system will make clear the cost of transferring your domain in to us.

5.2 Domain transfers can take up to 10 days to complete (and in some cases, require confirmation links to be clicked in emails sent to the registrant email recorded on the domain) and we strongly recommend you ensure your domain WHOIS data is accurate first and then only start your transfer with at least 10 days remaining on the current registration period to avoid any interruption to service. If you have any doubts, please contact us first.

6. Domain Transfers (from us)

6.1 You may transfer your domain away from us at any time with no additional charge from us unless one or more of the following apply:

6.1.1 your domain has been registered or renewed by us, but not yet paid for by you, in which case any unpaid invoices relating to the domain must be paid first
6.1.2 your domain was provided free of charge as part of another product and you want a refund for all or part of that product or package, in which case the domain registration must be paid for at the prevailing rates
6.1.3 your domain was provided as part of a bespoke commercial agreement that has not yet been fully satisfied (eg: the minimum term has not been reached). Your agreement should detail the specifics involved in early exit overriding this terms, but in the event that there are no exit costs specified, the minimum charge levied will be equivalent to the registration cost of the domain at the prevailing rate plus a £10+vat administration charge.

7. Cancellations

7.1 If you wish to prevent the automatic renewal of your domain name you must cancel them through the customer portal at least 24 hours in advance of the due date on any renewal invoice (or otherwise prior to the renewal invoice being generated).

7.2 If the domain name was purchased in a single order as part of a hosting package and you cancel the hosting element it is your responsibility to ensure that if the domain is still required that it will be renewed in accordance with your wishes.

7.3 In the event that you positively (eg specifically request either through the control panel or in writing) the cancellation of a domain, you agree that the domain can, at our discretion, be transferred into our ownership 30 days after it’s expiry date without further contact.

8. Refunds

8.1 You acknowledge and accept that:

8.1.1 As detailed in our Complaints, Refunds, Replacements and Cancellations policy, domain name registrations and renewals are, on the whole, non-refundable as they by their nature “bespoke” and non-refundable by most domain registries.
8.1.2 In the case of consumers, domain names are not eligible for cooling of periods under Regulation 13(1)(c) of the Distance Selling Regulations 2000.
8.1.3 We will not refund the cost of registering or renewing a domain name provided that the request has already been accepted by the relevant registry.
8.1.4 We are unable to change or edit the spelling of domain names once they are registered and we are not liable for refunds due to errors or omissions on your part when submitting the request.

9. Privacy

9.1 You consent to us making registration information provided by you in relation to a registration or renewal request to any appropriate registration authority or registry, their administrators, or any third parties as the law may require or permit (such as the police).

9.2 You further consent to the registrant contact information being made publicly available on WHOIS service(s) provided by the domain registries where applicable.

10. Miscellanea

10.1 We may, where considered appropriate, change the wholesaler or registry that holds your domain name at our discretion and without notice to you.

Appendix A: Registry Terms and Conditions of registration

.uk
Registry: Nominet
Terms: Nominet’s Terms and Conditions of Domain Name Registration

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