GBIS | Legal — .UK
Terms and Conditions
Terms and Conditions of the Nominet Registry
WARNING: by registering a domain name within the .uk Top Level Domain (a "Domain
Name"), you enter into a contract of registration with Nominet UK ("We",
"Our" or "Us") on the following terms and conditions. This
is a separate contract to any arrangement you may have with any third party
for the provision of internet services.
By registering a domain name, you agree to the publication
of your name and address as part of the public WHOIS database service. If you
are a Consumer, and you do not wish your address to be published, please see
our web site at http://www.nominet.org.uk
for more information on the Consumer opt out.
Nominet is the Registry for all internet Domain Names ending in .uk and provides
a public service for the .uk namespace on behalf of the Internet community.
You can find out more information about Nominet from our web site at http://www.nominet.org.uk.
Nominet is a not - for - profit company limited by guarantee which is performing
services on a cost recovery basis. This is why we consider it reasonable to
limit our liability in certain respects so that we may continue to offer our
services in the interests of the whole internet community.
This Contract includes our current Rules For The .uk Domain And Sub-Domains
("Rules") and the Policy and Procedure for our Domain Name Dispute
Resolution Service ("Policy" and "Procedure" as appropriate).
Copies of the Policy, Procedure and Rules are here
or can be obtained from us.
You may have registered a Domain Name through a third party (usually, but not
always, your internet service provider). In these terms and conditions, the
term "Agent" means such a third party.
- What we will do
We will process your application to register a Domain Name and consider whether
or not to accept it in accordance with the criteria laid down in the Rules;
- If your application is accepted, we will inform you or your Agent. If
your application is rejected, we will inform you or your Agent as soon
as reasonably practicable and return to you or your Agent (as appropriate)
any payments received;
- Unless the current Rules of the relevant sub-domain state to the contrary,
we will register Domain Names on a first come, first served basis. Until
we accept your application, there is no guarantee that the Domain Name
you applied for will be entered in the Register as such. We therefore
recommend that you do not take any action in respect of a Domain Name
until you have received confirmation from us that your application has
- After your application has been accepted, we will enter the Domain Name
and other relevant details (namely the data described in clause 6 below,
together with details of your Agent, if any) in the Domain Name register
database for the requested second level of the .uk top level domain (the
- We will use the information in the Register entry for the Domain Name
to enable the resolution of requests for the Domain Name, by pointing
to the authoritative name servers listed in the Register Entry for the
Domain Name. For further information about the technical requirements
for registering a Domain Name, please contact your Agent.
- After your application has been accepted and we have received your registration
fee, we will issue you with a registration certificate and a reply form.
- Subject to clause 8 below, we will transfer your Domain Name and update
the Register accordingly on receipt of correctly completed transfer documentation
from you and any relevant transfer fee applicable at the time of transfer.
We will not transfer a Domain Name whilst it is the subject of legal proceedings
or proceedings under our Dispute Resolution Service.Please note that subject
to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name
and details have been entered in the Register.Subject to clauses 8.7 and
8.8 below, we will only make changes to the details contained on the Register
(other than the registrant field), if we receive instructions and approval
from you or your Agent.Subject to clauses 8.7 and 8.8, we shall only alter
the details contained in the "registrant" field of the Register
if we receive authorisation directly from you.
- What you must do
- You must ensure that we receive the registration or renewal fee within
one month after the issue of our invoice. For the avoidance of doubt,
if you use an Agent it will be your responsibility to ensure that the
Agent has paid the registration or renewal fee to us within one month
of the issue of our invoice.
- You must sign and return to us the reply form which we will send to
you after registration or renewal as appropriate.
- You must inform us promptly of any change in your registered details,
and those of your Agent if applicable. It will be your responsibility
to maintain and update any details you submit to us and to ensure that
your details are up to date, and accurate. In particular, it is your responsibility
directly or by your Agent to ensure that we have your full and correct
- You must promptly inform us of any court proceedings brought in respect
of the Domain Name.
- Any name server listed in the Register entry for the Domain Name must
respond authoritatively to requests for the Domain Name at all reasonable
- Renewal of your Domain Name Registration
- The registration period is two years from the date of entry into the
Register of your Domain Name registration. Provided you pay us your renewal
fee and subject to clause 8 below, you will have the right to renew the
Domain Name registration by entering into a new Contract with us for further
periods of two years.
- Subject to clause 3.3 below, when the Domain Name registration falls
due for renewal, we will contact your Agent (at the Agent's address appearing
in the Register) to request payment of the relevant renewal fee.
- If no Agent is listed on the Register entry for the Domain Name, or
if the Register entry for the Domain Name indicates that you wish to be
invoiced direct, we will request payment of the relevant renewal fee direct
from you at the registrant address appearing in the Register.
- If we fail to receive the renewal fee within thirty (30) days of our
making a request for the renewal fee, we will suspend your registration
for at least 6 weeks and if we do not receive payment within the suspension
period we will cancel your registration without further notice to you.
During any period of suspension, we will not point to any name servers
listed in the Register entry for the Domain Name, and you will be unable
to use or transfer the Domain Name.
- Exclusions and Limitations of Liability
- Nominet does not carry out any investigation as to whether you are entitled
to register or have any rights in the Domain Name. By registering the
Domain Name we are not acknowledging that you have any rights in the name
comprised in the Domain Name, and we are not authorising you to use the
Domain Name in the course of trade.
- Nothing in these terms and conditions limits or excludes our liability
for death or personal injury caused by our negligence or for fraudulent
- We shall not be liable to you whether in contract, tort (including negligence)
or otherwise for:
- any loss of profit, revenue or other type of economic loss (whether
direct or indirect);
- loss of business or contracts;
- loss of anticipated savings or goodwill; or
- any losses which a court holds to be consequential, or indirect losses;
arising out of or in connection with the Contract, including but not limited
- any error or omission in entries to the Register; and
- loss of registration and/or use (for whatever reason and whether temporary
or otherwise) of the Domain Name.
- All conditions and warranties which may be implied by law into any Contract
with you are excluded to the fullest extent permissible by law.
- Our aggregate liability to you whether under these terms and conditions
or otherwise (including liability for negligence) shall not exceed £5,000.
- If you are a consumer (ie you are not registering or intending to use
the Domain Name in the course of a business, trade or profession) (a "Consumer"),
the provisions of clauses 4.3 4.4 and 4.5 above will not apply to you.
- Nothing in these terms and conditions will reduce your statutory rights
relating to faulty or misdescribed goods. For further information about
your statutory rights contact your local authority Trading Standards Department
or Citizens Advice Bureau.
By entering into this agreement you consent to and warrant the following:
- That you (or your Agent) have obtained the consent of any individual
whose personal data is to be held on the Register in accordance with clause
- That the details and information submitted by you to us are true and
correct, and that any future additions or alterations to your details
and information will be true and correct, and that you will submit them
in a timely manner. Unless you are a Consumer, you shall pay us (including
the current or past members of Nominet UK's Council of Management) any
and all reasonable costs, claims and expenses (whether direct or indirect)
arising out of any claim resulting from your breach of this warranty;
- That by registering or using the Domain Name (in whatever manner) you
will not knowingly infringe the intellectual property rights of a third
party, that you are entitled to register the Domain Name, and that you
have not registered the Domain Name in breach of trust. Our right to rely
upon this warranty will continue to be available after completion of the
registration process and will not be affected by any surrender, cancellation
or transfer of the Domain Name. Unless you are a Consumer, you shall pay
us (including the current or past members of Nominet UK's Council of Management)
any and all reasonable costs, claims and expenses (whether direct or indirect)
arising out of any claim that your registration or use of the Domain Name
directly or indirectly infringes the intellectual property rights of a
- Personal Data
- The Register is a public register for the purposes of data protection
legislation. The Register will include your name and postal address, telephone
and fax number and email address together with any other relevant details.
This information (if it refers to individuals) is 'personal data' for
the purposes of data protection legislation.
Personal data submitted by you will be:
- Posted onto the Register;
- Unless you are a Consumer and have selected the Consumer opt out provision
, posted onto the WHOIS database by us. The WHOIS database is provided
on our web site at http://www.nominet.org.uk. Other Agents which provide
an online Domain Name registration service may point to our WHOIS database.
We will publish your name and address but will not publish your telephone
or fax number or email address as part of the WHOIS database; and
- Used as part of the Public Register Subscription Service ("PRSS"),
or any other service(s) amending or replacing it. Under the PRSS we
provide a compressed form of the Register to subscribers. We provide
the PRSS only to trusted third parties, based within the European Economic
Area, under strict contractual terms which prohibit the use of PRSS
data for the purposes of direct marketing. Any service(s) which may
replace the PRSS will be provided on similar terms. The PRSS enables
subscribers to perform WHOIS queries and reverse look-ups. We will publish
your name and address but not your telephone or fax number or email
address as part of the PRSS and/or as part of any other service(s) amending
or replacing it. If you are a Consumer you may select the Consumer opt
out provision in respect of the PRSS, or any other service(s) amending
or replacing it;
- We may provide your personal data to governmental or law enforcement
agencies at their written request in connection with the conducting
of any investigation. We may provide your name and address to third
parties with a legitimate reason for requesting the information upon
their written request; and
- Otherwise, we will provide your personal data to third parties only
if required to do so by a court order.
You may write to us to request a copy of the personal data held by us
about you. We may charge a reasonable fee for the provision of such data.
As required by the Data Protection Act 1998, we will adopt appropriate
security procedures in relation to the storage and disclosure of information
provided by you in order to prevent unauthorised access. Our security
procedures mean that we may occasionally request proof of your identity
before we are able to disclose personal information to you. Other than
the uses identified above, we will not disclose your personal information
to others. Please note that if at any point we discover that you are no
longer a Consumer, we will automatically post your personal data onto
the WHOIS and the PRSS and/or onto any other service(s) amending or replacing
the PRSS in accordance with clause 6.1(b) and (c) above without further
notice to you.
You should be aware that personal data posted on the WHOIS database may
be accessible to countries outside the European Economic Area. By registering
a Domain Name you consent to your personal data being transferred out
of the European Economic Area and to our use of your personal data for
the purposes specified above.
- Domain Name Dispute Resolution Service
- You will be bound by the Policy and Procedure of our Dispute Resolution
Service which are incorporated into these terms and conditions and made
a part of the Contract by reference. The current version of the Policy
and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html
- If a dispute arises, you agree to be bound by the Policy and Procedure
which are current at the time that proceedings under the Dispute Resolution
Service are commenced until the dispute is over.
- Neither we nor our directors, officers, employees or servants nor any
expert shall be liable to a party for anything done or omitted in connection
with any proceedings under the Dispute Resolution Service unless the act
or omission is shown to have been in bad faith.
- Termination/Cancellation, Suspension and Amendment
of the Register
- You or your Agent may surrender registration of the Domain Name by notice
in writing to us at any time prior to our receiving payment.
- After we have received payment for a Domain Name, only you (and not
your Agent) may surrender the Domain Name.
- After payment has been received but prior to the issue of a registration
certificate you may surrender the registration by writing to us on headed
notepaper which corresponds to the registrant address field of the Register
entry for the Domain Name.
- If a registration certificate has been issued, you may surrender the
Domain Name by correctly completing the surrender of registration form
(on the reverse of the registration certificate).
- If you are a Consumer, then you may cancel the Contract by giving notice
to us by any of the means set out in clause 10.4 below at any time up
to and including 7 working days following the day on which the Contract
is concluded, i.e. the date on which we give notice to you or your Agent
that we have accepted your application to register a Domain Name. If you
register or use the Domain Name in the course of a business, trade or
profession, you will not have this right to cancel the Contract.
- If you cancel the Contract in accordance with clause 8.5 then we will
provide you or your Agent (as appropriate) with a full refund of our registration
fee within 30 days from the day on which we receive notice of your cancellation.
If we refund your Agent, you may have to seek direct from your Agent any
further component of the fees which you have paid.
- We may cancel or suspend the registration of a Domain Name by providing
you with notice in writing in the event of the following:
- if we do not receive your registration or renewal fees in accordance
with clause 2.1 above;
- if you are in breach of the terms of this Contract (including the Rules)
and in the case of a breach which is capable of remedy you fail to remedy
this within 30 days of receiving written notice from us to do so;
- if we receive independent verification that you have provided grossly
inaccurate, unreliable or false registrant contact details, or failed
to keep such contact details up to date;
- if you are in breach of the warranties contained in clauses 5.1 and
5.3 of the Contract; or
- if the Domain Name is being administered in a way likely to endanger
the operation of the Domain Name System.
- We may transfer, suspend, cancel or amend the Domain Name registration
in the following circumstances:
- upon receiving written instructions from you to take such action together
with any relevant fee;
- upon receiving a copy of a perfected order of a court of competent jurisdiction
requiring such action, or where the retention of a Domain Name by you
would be inconsistent with the terms of a perfected court order received
by us or any other legal requirements;
- if such changes are necessary in order to correct an error relating
to the Domain Name registration; or
- following a Decision requiring such action or an agreement reached between
the parties and approved by us relating to proceedings under the Dispute
Resolution Service; or
- should you at any time withdraw your consent to having your personal
data displayed on the WHOIS and/or the PRSS and/or any other service(s)
amending or replacing the PRSS as set out in Clause 6.1 above; or
- if you are a Consumer, should you withdraw from the Consumer opt out
and refuse to allow Nominet to provide your personal data on the WHOIS
and/or the PRSS and/or any other service(s) amending or replacing the
PRSS in accordance with Clause 6.1 above.
- If a name server listed for the Domain Name registration does not respond
authoritatively to requests for the Domain Name, we may remove the name
server from the Register entry for the Domain Name.
- Change of Agent
- If you wish to change your Agent, you should first approach your current
Agent to arrange this. If your approach is unsuccessful, we will at your
request and on payment of the required fee record a change of Agent directly
onto the Register entry for your Domain Name registration. On receipt
of your request, we will notify your Agent. You will remain liable for
any charges you have incurred under the terms of the contract with your
Agent, which may include a fee payable upon change of Agent.
- If any clause of these terms and conditions is held to be unenforceable
in whole or in part the other terms and the rest of the provisions shall
continue to be valid and enforceable.
- We may transfer our rights and obligations under the Contract to any
third party. You may transfer the Contract, only on the transfer of the
Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.
- The internet is an emerging and evolving medium and the regulatory and
administrative framework under which we operate is constantly developing.
For these reasons we reserve the right to make reasonable modifications
to the terms and conditions of this Contract (including the Policy, Procedure
and Rules) at any time during the term. We will only do so when we have
good reason. No change will have the effect of requiring an increase in
fees from you in advance of the next renewal of the Domain Name. Except
where we are acting in pursuance of a statutory requirement or a court
order, changes will be implemented across the board in all of our Domain
Name contracts following a process of open public consultation. Each such
change will be published in advance (where practicable, 30 days in advance)
on our web site: http://www.nominet.org.uk/
and will become binding and effective upon the date specified therein.
You should review our web site regularly in order to be aware of all such
changes. If you do not agree with any change or proposed change to these
terms and conditions you are entitled to terminate the Contract by providing
us with thirty (30) days notice in writing, in which case you will receive
a pro-rata refund of your registration fee in respect of any unexpired
portion of the term.
- If you wish to contact us our postal address is Nominet UK, Sandford
Gate, Sandy Lane West, Oxford, OX4 6LB, England and our telephone number
is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK
local time) Monday to Friday, except for public holidays. Except as set
out in the Policy and Procedure 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. Except as otherwise set out in
the Policy and Procedure the notice will be effective: if delivered, on
delivery; if sent by fax or email, on the date of sending; and if by post,
on the date of posting. For the avoidance of doubt, any notice sent to
you will be deemed served if sent to the address appearing in your Registrant's
- This contract is a binding document. Consumers should read it carefully
and ensure that it contains everything you want and nothing you are not
prepared to agree to. These terms and conditions, together with the Rules
Policy and Procedure, constitute the entire agreement between you and
us for the registration of the Domain Name, and supersedes all prior agreements,
understandings and representations whether oral or written.
- These terms and conditions shall be governed by the relevant United
Kingdom law, and by agreeing to be bound by them you agree to submit to
the exclusive jurisdiction of the relevant courts of the United Kingdom.