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123 Reg Domain Products Terms and Conditions

These Domain Products Terms and Conditions are supplemental to the General Terms and Conditions, including the Acceptable Use Policy and the Data Protection Policy and apply to the provision of any domain related services by 123 Reg Limited (‘123 Reg’). The ordering of Domain services from 123 Reg constitutes acceptance by the Client of the General Terms and Conditions and these Domain Products Terms and Conditions.

1. General Domain Terms

1.1. The Client acknowledges that registration of a Domain is subject to third party terms and conditions including those from the relevant registry for the Domain extension. The Client confirms that it will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. Further, the Client indemnifies both 123 Reg and the applicable registry for a Domain in respect of the Client’s use of the Domain and in respect of the Client’s failure to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.

1.2. The Client acknowledges and accepts that domain registration and renewal services are limited to the forwarding by 123 Reg of the Client’s request to register or renew a domain to the relevant registry for that domain. It is at all times the Client’s responsibility to check that a Domain has been registered and/or renewed with the registry as appropriate.

1.3. The Client warrants that the registration of a domain name requested by a Client (‘a Domain’) and the manner in which it is to be used, either directly or indirectly:

1.3.1. will not infringe any third party rights, including third party intellectual property rights;

1.3.2. Is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and

1.3.3. will at no time be used for an unlawful purpose whatsoever.

1.4. While 123 Reg shall use reasonable endeavours to register a Domain, the Client accepts that 123 Reg is not required to accept any request to register a Domain or to continue with any attempt to register a Domain if the Domain is not capable of registration.

1.5. 123 Reg makes no representations, express of implied, that a particular Domain is available for registration and 123 Reg accepts no liability for failure to register a Domain for any reason.

1.6. 123 Reg may from time to time change the registrar that a Domain is held with, at its discretion and without notice to the Client.

1.7. The Client accepts and consents to 123 Reg making the Client’s registration details in relation to the Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.

1.8. The Client accepts and consents to the 123 Reg making publically available certain of the Client’s information, for example by inclusion in the whois database, as required by law or for any other purpose required or permitted by ICANN, a relevant registry or any regulatory body. The Client consents to any and all such disclosures as set out in clauses 1.7 and 1.8 and waives any cause of action it may have against 123 Reg in this respect.

1.9. In the event that the Client has not purchased the Whois Privacy Service, the Client must ensure that its details on the whois database are accurate and current failing which the Domain may be suspended by 123 Reg, ICANN or the relevant registry until such time as the Client can prove that the details on the whois database are accurate.

1.10. The Client consents to Domains registered through 123 Reg having [locks] automatically applied to such Domains.

2. Domain Renewals

2.1. 123 Reg shall endeavour to automatically renew a Domain on a Client’s behalf when it is due for renewal subject to the following:

2.1.1. the Client has a valid and up-to-date payment method of its account; and

2.1.2. the Client has not set the Domain to either cancel or manual renewal in the Client’s control panel.

2.2. If either 2.1.1 or 2.1.2. above apply then 123 Reg shall not automatically renew a Domain and the Client is entirely responsible for any consequences of a Domain not being renewed.

2.3. Domains which are automatically renewed by 123 Reg will be renewed for the same duration as the initial registration period. Clients may select a different renewal period by manually renewing the Domain through the Client’s control panel.

2.4. 123 Reg shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time. 123 Reg shall endeavour to follow any payment priority set up on the Client’s account, however, 123 Reg reserves the right to take payment from any stored payment method on the Client’s account.

2.5. 123 Reg may request direct debit payments up to 15 days prior to the renewal date for a Domain and that payment will be taken 6 days after that initial request.

2.6. Domain renewals shall be charged at 123 Reg’s prevailing rate at the time of the renewals. 123 Reg’s prevailing rates can be located on 123 Reg’s website.

2.7. If a Domain is not renewed by the applicable renewal date then the Domain shall become an Expired Domain and clause 6 below shall apply.

2.8. Most Domains can be registered and/or renewed for up to ten years, however, certain Domains are subject to restrictions on the length of initial registration or renewal. These restrictions are set by the respective registries and is set out in more detail here.

3. Domain Cancellations

3.1. Domain cancellations by Clients must be done through the Client’s control panel and must be completed at least 24 hours prior to any payment date. The payment date is at least 7 days prior to the renewal date and varies by both payment method and by domain extension.

3.2. If the Domain is purchased alongside another 123 Reg service then the Client must cancel both the Domain and the other 123 Reg service separately. Cancellation of either the Domain or any other service will not automatically cancel the other.

4. Domain Refunds

4.1. Domain registrations and/or renewals are non-refundable by 123 Reg in whole or in part.

4.2. Once a Domain has been registered by the applicable registry, 123 Reg is unable to refund any refund in respect of that Domain. This is due to the bespoke nature of Domains and the Client accepts this to be a fair apportionment of risk given 123 Reg’s inability to claim a refund from the relevant registry.

4.3. Any refund on a Domain prior to registration with the relevant registry is entirely at 123 Reg’s discretion.

4.4. The Client accepts that 123 Reg is unable to verify or check for errors in Domain registration requests. Accordingly, the Client is solely responsible for ensuring that a Domain has the correct or intended spelling.

4.5. As set out in the General Terms and Conditions and above, Domain registrations are a bespoke purchase to the Client’s specification and accordingly the Client, when a consumer, waives any right to a cooling off period that may be applicable. If the Client as a consumer is not willing to waive such right then the Client must make 123 Reg aware of the same and 123 Reg will be unable to register a Domain until after the applicable cooling off period has expired.

5. Domain Transfer & Ownership Terms

5.1. 123 Reg shall determinate the ownership of a registered Domain by reference to the details held on the whois database. If the whois database details are not determinative then 123 Reg shall be entitled to request whatever supporting evidence it may require to ascertain ownership.

5.2. In the event that ownership of a registered Domain is disputed then the Client agrees to make all reasonable efforts to resolve such dispute with the third party, including before involving 123 Reg and at 123 Reg’s request.

5.3. If a Client wishes to transfer ownership of a registered Domain the Client must:

5.3.1. ensure that all necessary consents and permissions to that transfer have been obtained;

5.3.2. deliver to 123 Reg documentary evidence of all such relevant consents and permissions;

5.3.3. accept that 123 Reg is under no obligation to carry out any transfer request if the Client fails to satisfy 123 Reg that the documentation provided shows the transfer to be properly requested or authorised or where the Client has not complied with this clause 5.3.

5.4. The transfer service offered by 123 Reg is supplied on the basis that the Client is solely responsible for changing the tag of the domain to 123 Reg and to ensure that the transfer completes to the Client’s specifications. If a transfer is cancelled, the Client will be responsible for contacting 123 Reg to request a refund for the incomplete transfer, if applicable

5.5. The Client accepts that the transfer of a gTLD Domain may require 123 Reg to carry out a manual transfer. In such event, the Client agrees to pay the applicable manual transfer fee to 123 Reg as stated on 123 Reg’s website and as updated from time to time.

5.6. On transfer, the Client can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. The Client acknowledges that the maximum terms for a particular domain may vary and are available on an “as is” basis as displayed by 123 Reg. Clients acknowledge that one year may be added and charged to some domain extensions when transferred, including but not limited to .FR, .FM, .NAME

5.7. 123 Reg will only allow a domain name owned or managed by the Client to be attached to the IPS tag of 123 Reg or any of its Associated Companies if the Client has an active hosting account with 123 Reg or one of its Associated Companies or when the Client is holding the domain name within a 123 Reg account.

5.8. The Client agrees that on to transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) the Client will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at 123 Reg’s request.

5.9. 123 Reg will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by the Client to 123 Reg.

5.10. In the event that 123 Reg receives a complaint in regards to trademark / brand infringement, 123 Reg has the right to place a Domain on hold and move into the 123 Reg holding account. 123 Reg shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to 123 Reg by the Client.

5.11. In the event of receiving documentation which matches the WHOIS details, 123 Reg reserves the right to move a Domain from the current Domain holder’s account into a 123 Reg holding account, lock the domain and place a registrar hold on it. 123 Reg shall not move the Domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to 123 Reg by both parties proving the same. This documentation may include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.

6. Expired Domains

6.1. In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired.

6.2. A registered Domain shall expire if 123 Reg is unable to take payment via the method stored on the Client’s 123 Reg account, where the Client has set the Domain to expire or where the Client fails to manually renew the Domain by the renewal date.

6.3. It is the Client’s responsibility to ensure that the email address stored on its’ 123 Reg account is up to date and is able to receive renewal reminders from 123 Reg.

6.4. Following the expiry date a domain may enter a grace and/or redemption period. Certain registries do not allow for grace and/or redemption periods as more fully set out here.

6.5. Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by the Client or 123 Reg following the expiry date and in such circumstances 123 Reg’s agreement with the Client for that Domain will terminate immediately and without liability to 123 Reg. Further, 123 Reg is under no duty to attempt to recover such Domain(s).

6.6. The Client acknowledges that three (3) calendar days after the date of expiration of a Domain, 123 Reg may in its sole discretion carry out the following actions:

6.6.1. renew the Domain;

6.6.2. park the Domain on different name servers from those set by the Client including the 123 Reg name servers; and/or

6.6.3. where the relevant registry does not allow for grace or redemption periods, clause 6.5 above shall apply.

6.7. Provided that the relevant registry for the Domain(s) allows a grace period, the Client acknowledges that it has up to 16 days following expiry of the Domain(s) (‘the Grace Period’) to contact 123 Reg to retrieve and renew the Domain provided that the Client pays for said renewal in full and in cleared funds.

6.8. On receipt of the renewal fee by 123 Reg within the Grace Period, the Client will retain ownership of the Domain(s) and as soon as reasonably practicable 123 Reg shall restore the Domain(s) to the Client’s control panel.

6.9. The Client acknowledges that following the end of the Grace Period 123 Reg may at its sole discretion carry out the following actions:

6.9.1. auction the Domain;

6.9.2. change the contact details; and/or

6.9.3. transfer the Domain.

6.10. If 123 Reg does not receive the renewal fee within the Grace Period then 123 Reg’s agreement with the Client for that Domain will terminate immediately and without liability to 123 Reg.

6.11. Provided that the relevant registry of the Domain(s) allows for a redemption period, if 123 Reg receives a request from the Client to renew the Domain after the end of the Grace Period (‘the Redemption Period’), the Client agrees to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). Both the length of the Redemption Period and the redemption fee varies depending on the registry involved and the applicable redemption fees can be located here.

6.12. Clients acknowledge and agree that 123 Reg is not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the Client has paid both the redemption and renewal fees to 123 Reg.

6.13. 123 Reg endeavours to renew Domain(s) on behalf of the Client. However, 123 Reg make no guarantee that attempted renewals, including attempts to renew expired domains, will be successful and it is the Client’s responsibility to check the WHOIS database, and any other source, to ensure the Domain name has been renewed.

7. Domain Backordering

7.1. 123 Reg offers a backorder service for already registered domains (‘the Backorder Service’ and ‘Backorder’ shall be construed accordingly) which attempts to automatically register a domain (‘the Backorder Domain’) on behalf of the Client if and when the Backorder Domain becomes available for registration by the general public. Such availability would be following any applicable Grace and/or Redemption Periods.

7.2. The Backorder Service is only available on selected domain extensions as specified on 123 Reg’s website.

7.3. The Client will be advised of an estimated availability date via the Client’s control panel, however, such date is an estimate only and 123 Reg shall not be responsible for any inaccuracy in the estimated date.

7.4. Payment for successful Backorders must be made by the Client within 28 days of confirmation of the same failing which the Backorder Domain will be removed from the Client’s control panel and 123 Reg shall be entitled to deal with the Backorder Domain as it deems appropriate. The Client has no right or title to a Backorder Domain until all fees for the Backorder Service have been paid in full.

7.5. The Client agrees to pay the prevailing fee for the Backorder Service at the time when the Backorder Domain becomes available for registration. The fee for the Backorder Service shall vary dependant on the domain extension of the Backorder Domain. 123 Reg reserves the right to vary the fee for the Backorder Service at any time including in relation to Backorders already placed. It is the Client’s sole responsibility to check the prevailing Backorder Service fee on 123 Reg’s website from time to time and prior to the Backorder Domain becoming available.

7.6. Following a successful Backorder 123 Reg shall automatically attempt to take payment of the fee from the Client’s stored payment method on the 1st, 3rd, 7th, 14th, 21st and 28th day following the successful registration of the Backorder Domain. It is the Client’s responsibility to ensure that valid and up-to-date payment details are stored on the Client’s account.

7.7. Clients may cancel the Backorder Service at any time while the status is listed as ‘awaiting fulfilment’. Clients may not cancel a Backorder at any other time. 123 Reg may cancel a Backorder at any time, for any reason and without liability.

7.8. 123 Reg shall endeavour to email the Client in the event that a Backorder is cancelled or fails. Accordingly, the Client must ensure that up-to-date contact details are stored on the Client’s account.

7.9. If a Backorder has failed then it is the Client’s responsibility to resubmit any Backorder request.

7.10. 123 Reg makes no warranty, express or implied, that any Domain is available or suitable for Backorder. 123 Reg shall have no liability for any failure to register a Backorder Domain for a Client for any reason.

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