Telephone: 01243 219127

Domain Name Registration Terms & Conditions

Terms and conditions relating to Essel Design’s (hereafter referred to as ‘Essel’, ‘We’, or ‘The Company’) Domain Name Registration Service.

  1. Orders
    1. Your order must be submitted to The Company either using the on-line order form, by e-mail or as a constituent element of a project commission, and must indicate the domain names that are to be registered, full details of the registered proprietor, company or organisation.
    2. You must ensure that all information submitted is correct as we may not be able to rectify errors.
    3. You are responsible for ensuring that you have complied with the registration criteria and obtained all consents and authorisations necessary in respect of the registration or transfer of the domain names.
    4. Individuals who do not wish their address details to be published on the Nominet WHOIS database (where applicable) must inform The Company of this at the time of ordering the domain name. Businesses cannot opt out of the publication of their details but may offer an alternate address such as a P.O. Box.
    5. We reserve the right to refuse orders for any reason. Where we do refuse an order, we will notify you that the order will not be processed. If the order has been processed and you have paid our charges they will be refunded.
    6. We will endeavour to meet any dates agreed for the obtaining of the names and domains specified by you, but this date is an estimate only and we will not be liable for any delay.
    7. If we accept your order, the processing of your request will start immediately.
  2. Services
    1. The Company provide domain name services on an “as available” basis. Our acceptance of your application to register a domain name is not an acknowledgement by The Company that the domain name is available. The success or failure of domain name registration depends on many factors outside our control and we cannot therefore guarantee that your application will be successful. Your application to register the domain name is therefore subject to the successful registration of the domain name at the applicable domain name registry/registrar. A successful registration is shown by the domain name being displayed on the WHOIS directory of the registry/registrar as being registered to you.
    2. Subject to paragraph 4.3 below if a domain name is not successfully registered with the registry/registrar or if we do not accept your order for whatever reason, we will refund the registration fee you paid to The Company. However, we will not be liable to you for any loss or damage arising or resulting from any inability to register the domain name or from The Company not accepting your order and we will not be responsible for any costs incurred or other steps taken by you in anticipation of the registration or transfer of a domain name prior to receipt of official confirmation of such registration or transfer. Neither will we be liable to refund the registration fees if, for any reason after registration, you have to relinquish the domain name or if you cancel your order.
    3. You should note that any domain name registered, whether or not by The Company, may subsequently be challenged and/or cancelled by parties other than The Company.
    4. The Customer and/or Client accepts and recognises that The Company will publish courtesy pages containing advertisements on the Domain name of the customer in the absence of Customer’s content; the Customer is free to remove the courtesy page at his/her sole discretion using the tools at his/her disposal. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages.
    5. You agree that we will be registered as the Administrative Contact for all domain names registered for you or held on your behalf.
    6. You agree that we may, at any time and without notice, change the domain name Registrar or other supplier with which/whom we manage your domain name(s).
      1. To do so may require The Company to perform a “Registrar Transfer”. In which case, you authorise The Company to act on your behalf in this regard and transfer the domain name(s) to our chosen supplier. You agree that any transfer authorisation emails will be dealt with by The Company as the authorised Administrative Contact for the domain name(s).
      2. We will endeavour to perform such transfers in a transparent manner, with no service disruption or the loss of any domain management facilities previously available to you.
      3. You acknowledge that by The Company performing a Registrar Transfer, the domain name(s) will be blocked from transferring to any other domain name registrar for a period of 60 days from the date the transfer is completed.
  3. Charges and Payment
    1. We require payment in advance for the registration and renewal of all domain names.
    2. Our charges for registration and renewal, which include third party disbursements (for example the registry/registrar’s fees), can be viewed on The Company’s page or by contacting The Company on 01243 219127, or at contact.us@essel.co.uk.
    3. The disbursements and our charges represent the initial costs for the registration of a domain name and you acknowledge that continued use of a domain name may expose you to additional charges payable to the local domain name registry/registrar, for example on renewal. You are liable for any such charges. The charges and disbursements charged to you will remain fixed for the initial term of the Contract (such as twelve (12) months or twenty four (24) months as applicable or notified to you). You will be given at least 4 weeks’ notice of changes for the renewal term.
    4. Our charges for transferring a domain name are in accordance with section 7 of these Domain Name Registration Terms and Conditions.
    5. No refund will be given if:
      1. Termination takes place within the existing registration period of the domain name.
      2. the domain name was renewed through the renewal template of the registry/registrar.
    6.  
      1. You acknowledge that if you upgrade your .com, .net, .org, .biz, .info or .mobi domain name(s) to include the Private Registration service the fee is non-refundable as once an upgrade has been processed we will not receive any refund from the Registry/Registrar should the Private Registration service be cancelled by you.
      2. You acknowledge that the Private Registration service can only be purchased for whole year periods and will run from the point at which you upgrade, until the domain(s) current renewal date.
  4. Cancellation
    1. You are entitled to cancel an order for a domain name subject to the following terms:
      1. if we have not started processing the order, it will be cancelled subject to your paying a cancellation charge of £10 plus VAT;
      2. if we have started processing the order then (irrespective of whether or not the cancellation request is received within four (4) hours) it will be cancelled subject to your paying our full charges (including the Local Administration Costs, but only if these have been incurred) and the cancellation fee referred to in clause 4.1.1 above.
    2. Refund requests following cancellation are generally dealt with and processed weekly. Where you have paid The Company by credit/debit card for the purchase of the service, we will endeavour to issue the refund to the credit/debit card used. In cases where this is not possible, a cheque will be raised to the company name in the first instance on your account. If no company name is stored, the cheque will be made payable to the individual’s name held on the account.
    3. Where you have chosen not to renew a domain name with an international suffix, the domain registry/registrar may require you to complete and submit a domain name cancellation form before the domain name can be cancelled in its entirety.
    4. Under these circumstances we will forward to you any form(s) for signature and you must return it/them to The Company. You accept that it shall be your responsibility to ensure that we are in receipt of the completed form.
    5. Failure to complete and return the cancellation form to The Company will result in the international domain name being renewed by the registry/registrar at cost to The Company. This cost, and any additional costs that the registry/registrar may impose on The Company, will be invoiced to you and should be paid immediately on receipt of such invoice. You accept that we reserve the right to engage a third party debt collection agency in order to obtain any outstanding monies.
    6. You accept that the international domain name will not be cancelled, even if you have given The Company written confirmation that you do not wish to renew the international domain name, until such time as the registry/registrar are in receipt of your completed form and that you will be responsible for all ongoing costs in relation to the international domain name until such time as the registry/registrar have acknowledged to The Company that your international domain name has been cancelled in its entirety.
  5. Domain name registry/registrar and indemnity
    1. You agree and acknowledge that registration and use of the domain name is subject to the acceptable use policies, rules and/or other terms and conditions of the registry/registrar. By submitting the order form to The Company, you agree to be bound by any such policies, rules and/or other terms and conditions and to fully and effectively indemnify The Company in respect of all losses, costs, expenses or liability suffered or incurred by The Company as a result of or arising out of any breach of these policies, rules and/or other terms and conditions. It is your responsibility to familiarise yourself with the policies, rules and other terms and conditions of the registry/registrar. Purchase of a .uk domain name indicates your acceptance of the terms and conditions of the registry, Nominet UK, which can be found at Nominet Terms.
    2. The Registrant has rights and obligations that have been established by the ICANN and which can be found at Registrant Rights and Responsibilities
  6. Duration and Renewal
    1. It is the Customer’s sole responsibility to ensure that all of his/her registered domain names are renewed prior to their expiration dates. Once the Domain name expires, all associated services will be deactivated (hosting, email etc.). The Customer accepts and recognises that once a Domain name expires, he/she loses all rights on it.
      1. For gTLDs registered with The Company only and when it is possible under the relevant Authority regulations, in case the Customer doesn’t renew the domain name before the expiry date, the domain name will be held in the Customer’s account at The Company for 20 days following the expiration date (“Expiration Period”) and the Customer may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. During the Expiration Period The Company may publish courtesy pages containing advertisements on the Domain name of the customer. The Customer accepts and recognises that he/she will not be provided with any kind of remuneration in relation with the courtesy pages.
    2. The Customer accepts and recognises that once this Expiration Period is over, he/she loses all rights on the domain name. For gTLDs registered with The Company only and when it is possible under the relevant Authority regulations, at the end of the Expiration period, the Customer formally accepts that The Company reserves the right, at its own discretion, to either:
      1. transfer the property of the expired domain to its own name and to renew the domain to its own name. The Customer hereby accepts that The Company will then become the legal Registrant of such domain name and have all the corresponding rights. Only in that case, the Customer will have the possibility to get the domain name backup to 90 days after the expiry date of the domain name, by paying all the applicable fees. The Company will then transfer the property of the domain back to the Customer. After the end of the 90-day period, if the Customer doesn’t exercise the rights under this provision, he/she will be deemed to have abandoned the domain name services, and to relinquish all interests and use of the domain name services; or
      2. renew the expired domain name at The Company’s costs, keeping the Whois data unchanged, and following the express approval of the Customer. In such case, all the Services associated to the Domain name will be deactivated (hosting, email etc.) and a courtesy page containing advertisements will appear. The Customer accepts and recognises that he/she will not be provided any kind of remuneration in relation with the courtesy pages. The Customer will remain the legal registrant of the domain, and he/she will be able to get the domain name back and recreate the associated services by ordering the domain name and the services at the price and under the contractual conditions applicable at the time of the Customer orders; or
      3. place the domain name under the “Redemption period” status shortly after the Expiration Period. In such case, the Customer will have the possibility to renew the domain name by paying all the applicable fees and any past-due renewal fees. If the domain name is not renewed by the Customer during the Redemption Period, the domain name will be deleted at the Authority and can be registered by anyone;
      4. or, to delete the domain at the Authority. In such cases, the domain will be released and can be registered by anyone. The Company declines any and all liability in case the domain name is registered by any third-party. The Customer remains solely responsible for the non renewal of the domain name before the expiry date and for any consequences that may arise.
    3. The Customer formally accepts that it is The Company’s exclusive decision to opt for one or another of the options listed above. The Customer has no right whatsoever on such options and waives any right of contestation or claim in that respect.
      1. For ccTLDs, the Domain name expiration process will follow the relevant Authority regulations and processes. The Customer accepts and recognises that once a ccTLD expires, he/she loses all rights on the Domain name.
    4. A domain name, once registered, will fall due for renewal at the expiration of the registration period. We will notify you of the registration period applicable to your chosen domain names. You will receive a renewal notice and invoice 30 days prior to the renewal date, to the e-mail address given by you at registration. It is your responsibility to monitor the renewal date of your domain name and ensure that we receive payment by the date it is due. You may advise The Company through one of our representatives or online that you do not wish to be reminded of renewal dates in which case we shall have no liability to you if you fail to renew.
    5. We require payment for the renewal of the domain names prior to the renewal date for the ongoing registration of those domain names. We reserve the right not to make payment to the registry/registrar unless payment has been made by you to The Company for this renewal.
    6. Unless you have notified The Company that you do not wish The Company to send you reminders of renewal dates, our sole obligation in relation to the renewal of domain names is to issue one reminder to you at your last notified email address and postal address about the renewal date of the relevant domain name. This obligation will lapse if your registration of the domain name lapses or terminates for any reason. We will not be liable in respect of the non-renewal of a domain name if, having sent you a renewal notice, we do not receive notice of renewal and the applicable payment, or if you fail to notify The Company of a change of address.
    7. The Contract is subject to the provisions relating to early termination in the general terms and conditions.
  7. Transfer
    1. Any request to transfer a domain name from The Company to a new provider must be done through your on-line control panel. If the panel advises you to contact The Company then your request for a transfer must be accompanied by written confirmation from you that you consent to the transfer. This confirmation must also include any additional information which we reasonably request.
    2. Where the transfer of any domain name has to be effected by your new provider, then, subject to your compliance with the terms of the Contract, we will co-operate with the new provider to allow the transfer to take place.
    3. We will only agree to the transfer to another service provider where you do not owe The Company any sums in respect of our domain name services, where you pay any applicable transfer fee to The Company (see our price list) and where you have provided The Company with all the necessary information to effect the transfer. You must ensure that all information provided is correct as we may not be able to rectify errors.
    4. On receipt of a transfer request, we will use our reasonable endeavours to process the transfer request, but will not be responsible for any delay in effecting such transfer due to acts or omissions of your current provider or new provider (as applicable) or the registry/registrar. If you require The Company to effect a change of registrant, we will advise you of the procedure and cost.
    5. Where a .uk domain is transferred to The Company, it is your responsibility to ensure you have an account with The Company and you have followed our .uk transfer in process in order for The Company to be able to accept and complete the domain transfer on your behalf. We cannot be held responsible for any domain name(s) that is/are rejected when you have not completed the .uk transfer in process through your account with The Company. If at any time the domain name needs to be removed from the account created and placed in another account with The Company (ie a reseller’s account) then we will require authorisation from the legal registrant for the domain name for this to occur.
    6. When requesting the transfer of a gTLD domain name to our management, you acknowledge that:
      1. The domain name has been unlocked (if applicable) and the current provider is aware of, and willing to approve, the outbound transfer. Submission of a domain name transfer request to The Company does not guarantee that the transfer will be successful.
      2. Until such time as you receive a transfer completion notice issued by The Company, management of the domain name(s) being transferred remains your sole responsibility. This includes meeting renewal deadlines and paying any amounts owed to the existing provider.
      3. The transfer fee is valid for 60 days. If, after 60 days, we have been unable to transfer the domain name, the transfer fee will become payable again if you wish the transfer to continue.
  8. Indemnity
    1. You will indemnify The Company against all costs, claims, damages and losses incurred by The Company as a result of:
      1. any claims that any of the domain names infringe the intellectual property rights of any third party;
      2. any errors in any information provided by you in relation to any domain name transfers or registrations; and
      3. any act or omission by The Company in reliance on any information provided by you.
  9. Disputes
    1. If we become aware of any dispute with any other person or business or organisation regarding the domain names or any other of your domain names, we may, at our sole discretion, and without notice or liability to you, cease any further use or service of such domain names including, without limitation, deleting or suspending them from our computer systems, and/or making appropriate representations or providing information to any relevant authority or interested party.
  10. Interpretation
    1. If there is any conflict between the Contract and the terms and conditions of the registry/registrar the terms and conditions of the registry/registrar will take precedence.
  11. Malware Scans
    1. “Malware” means any programming (code, scripts, active content, or other computer instruction or set of computer instructions) designed, or is intended, to (i) block access to, prevent the use or accessibility of, or alter, destroy or inhibit the use of, a computer, computer program, computer operations, computer services or computer network, by authorised users; (ii) adversely affect, interrupt or disable the operation,security, or integrity of a computer, computer program, computer operations, computer services or computer network; (iii) falsely purport to perform a useful function but which actually perform a destructive or harmful function or perform no useful function but consume significant computer, telecommunications or memory resources; (iv) gain unauthorised access to or use of a computer, computer program, computer operations, computer services or computer network; (v) alter, damage,destroy, monitor, collect or transmit information within a computer, computer program, computer operations, computer services or computer network without the authorisation of the owner of the information; (vi) usurp the normal operation of a computer, computer program, computer operations, computer services or computer network; or (vii) other abusive behaviour. Malware includes, without limitation, various forms of crimeware, diallers, disabling devices, dishonest adware, hijack-ware, scare-ware, slag code (logic bombs), root-kits, spyware, Trojan horses, viruses, web bugs, and worms.
    2. Registrants and Customers hereby formally agree to the following:
      1. Permit the registry to perform, in its unlimited and sole discretion, scans or other views of websites for the purpose of detecting Malware or as necessary to protect the integrity, security or stability of the Registry systems (“Malware Scans”);
      2. Ensure all communications with or to the Registry systems, the Registry, any other registry operated under an agreement with ICANN, or any ICANN-accredited registrar and all software, systems, or hardware used, shall be free of Malware. In the event any such Malware is introduced, Registrants and Customers will employ all necessary measures to eradicate the Malware and reduce the effects of the Malware at Registrant’s / Customer’s sole cost and expense, the Registrant and Customer recognise and accept that the Registrar reserves the right to take all necessary action to eradicate the Malware;
      3. Hereby grant the Registry all necessary licenses and consents and obtain such licenses and consents from all holders of rights in all websites, to permit the Registry or its agent(s) to (a) perform, in Registry’s unlimited and sole discretion, Malware Scans; (b) collect, store, and process data gathered as a result of such Malware Scans; (c) disclose the results of such Malware Scan (including all data therefrom) to Registrar or its agents or designees; and (d) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry systems and the Registry; and
      4. Agree that the results of any Malware Scan identifying Malware or potential Malware shall not be deemed to be confidential or proprietary information of Registrar, Registrant, Customer or other rights-holder.
    3. The Registry disclaims any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that the Registry is responsible for notifying Registrar, any Registrant or any other person or entity of any Malware or cleaning any Malware from any systems. Registrant and Customer shall indemnify, defend and hold harmless the Registry and its affiliates, suppliers, vendors and subcontractors, and ccTLD registry operators providing services with respect to the Domain Name, and their respective employees, directors, officers, representatives, agents and assigns (“Registry Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans. Registrant and Customer will not enter into any settlement or compromise of any such indemnifiable claim without the Registry Affected Party’s prior written consent.
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