(C) Domain Name Services
Updated 27 November 2024
This section sets out the legal terms and conditions under which the Company supplies Domain Name Services to Customers.
Please note that by ordering any of our Company's Services you the Customer agree to be bound by the Company's Terms of Service, each section of which is to be be read in conjunction with every other section, and by any other documents expressly referred to in these Terms of Service.
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1. Domain Name Registration Maintenance Transfer and Renewal
1.1 The Customer's use of the Company's Domain Name Services is regulated by ICANN (Internet Corporation for Assigned Names and Numbers) and applicable laws.
1.2 When the Customer accepts the Company's offer to register maintain transfer or renew any one domain name the Customer:
1.2.1 acknowledges that the domain name will be subject to the rules and policies of the relevant domain registry and agrees to abide by all such rules and policies;
1.2.2 acknowledges that the registration maintenance transfer or renewal of the domain name will also be subject to the terms and conditions and privacy policy of the domain registrar engaged by the Company on behalf of the Customer (hereafter "Domain Registrar").
1.3 The Domain Registrar engaged by the Company to register maintain transfer or renew:
1.3.1 UK domain names is Krystal Hosting Ltd, terms and conditions and privacy policy can be viewed at: https://krystal.io/legal;
1.3.2 non-UK domain names is Netistrar Limited, terms and conditions and privacy policy can be viewed at: https://netistrar.com/terms/
1.4 The Company may change the Domain Registrar engaged to register maintain transfer or renew any one domain name at its sole discretion and without notice.
1.5 The Customer authorises the Company to share the Customer's Personal Data with the Domain Registrar for the purpose of domain registration maintenance transfer and renewal.
1.6 The Customer guarantees that the information they provide the Company for the purpose of domain name registration maintenance transfer or renewal by the Company on their behalf is complete and accurate.
1.7 The Customer guarantees that registration maintenance transfer or renewal of any one domain name by the Company on their behalf:
1.7.1 does not infringe or violate the rights of any one third party;
1.7.2 is not for unlawful purposes;
1.7.3 will not violate any applicable laws or regulations including relevant domain name registry terms and conditions.
2. Additional Terms
2.1 The Customer is solely liable to immediately inform the Company of any domain name expiration, late renewal, registration, maintenance or management issues. The Company shall not be liable for any loss or damage resulting from any kind of domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) that were not immediately reported in writing to the Company by the Customer.
2.2 The Company will act in good faith to investigate and resolve reported domain name issues (including but not limited to undue domain expiration, late domain name renewal, registration, maintenance or management issues) in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. The Company shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue. The Company provides support in the best interest of the Customer but cannot and does not guarantee the successful outcome or result of any one operation.
2.3 Each domain name ordered by the Customer is registered by the Company on behalf of the Customer and the Customer's personal details are used for its registration.
2.4 The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
2.5 The Customer shall be solely liable for making any changes in the DNS settings of any one domain name and any consequences following thereof. In the event that the Customer requests that the Company change the DNS settings of any one domain name then the Customer will indemnify the Company for any liability for such actions and any consequences that might follow thereof.
2.6 The Customer agrees that when the Domain Name Services fees associated with any one domain name are reversed or refunded by the Company then the domain name shall become the property of the Company and the Customer lose any rights over the domain name and any services associated with it. The Customer may regain property of the domain name if the Customer pays in full all outstanding fees for the domain name and the services associated with it.
2.7 The Company shall not be liable in the event that during the time period needed for the Customer to fulfil the requirements described in 'Domain Name Services Terms Clause 2.6' the domain name has either been deleted, has expired or has entered the Redemption period.
2.8 The Company shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered by the Company on behalf of the Customer.
2.9 The Customer acknowledges that non-registered domain names are available for registration to the general public and that the Company shall not be responsible for and cannot guarantee that any domain name of the Customer's choice will be available for registration by the Customer.
3. External Domain Names
3.1 Associating domain names which are not registered by the Company with the Customer's Web Hosting Services Account is done at the Customer's own risk.
3.2 The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements.
3.3 The Customer is solely responsible for keeping the DNS settings of the Customer's external domains up to date with the recommended DNS setting provided by the Company.
3.4 The Customer agrees to regularly review the DNS information provided by the Company.
3.5 The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal and/or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names.
4. Right of Refusal
4.1 The Company reserves the right to refuse to register renew or reserve any one domain name and any associated services at its sole discretion.
4.2 The Customer agrees that the Company shall not be liable for any loss or damages that may result from the Company's refusal to register renew or reserve any one domain name or provide any associated services.
5. Selection of a Domain Name
5.1 The Company shall not be liable if any domain name of the Customer or its use infringes the legal rights of any third party.
5.2 The Company shall have no obligations to check whether any domain name of the Customer complies with all legal regulations and does not infringe the legal rights of any other party.
5.3 The Company recommends that the Customer seek legal advice and/or investigate the legal requirements and specifications, associated with the use of any domain name and make sure it does not violate any trade mark or copyrights.
5.4 The Customer acknowledges that in the event that a third party proves the rights over a domain name of their choice, the Company will comply with the order of a court to cancel, modify or transfer the domain name in question.
5.5 The Customer agrees that in case the Company is either sued or threatened by a lawsuit in reference to the Customer’s domain name, then the Customer will hold the Company harmless and indemnify the Company.
6. Domain Renewal Notices
6.1 The Company will notify the Customer by email before the renewal date of any one domain name in the form of invoice and/or invoice payment reminder.
7. Payment Information
7.1 The Customer agrees to supply appropriate payment for the Company's Domain Name Services in advance of the time period during which Domain Name Services are provided.
7.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Domain Name Services received then those Domain Name Services will be invoiced on a recurring basis.
7.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Domain Name Services are paid on time. In the event that the Customer does not pay an invoice for Domain Name Services by the "Due Date" (see 'Standard Terms Clause 4.6') the Company will suspend the Domain Name Services until the invoice has been paid in full. Time is of the essence.
7.4 In the event that the Customer does not pay an invoice for Domain Name Services within twenty-eight (28) days after the "Due Date" the Company will terminate the Domain Name Services. Any data the Company hold or host in relation to the terminated Domain Name Services will be immediately and permanently deleted from the Company's system. Time is of the essence.
7.5 The Company reserves the right to change prices at any time.