Commencement and Duration

This Agreement shall be deemed to have commenced on the date the Client is connected to the Services ('Commencement Date'). The Agreement shall continue from the Commencement Date until terminated by the Client or Webspace pursuant to this Agreement. 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 Webspace.com Limited. The ordering of Domain services from Webspace (A Webspace.com Limited company) constitutes acceptance by the Client of the General Terms and Conditions and the Domain Products Terms and Conditions.

Application of Terms

1. By submitting a completed registration form to Webspace and/or utilising its services you confirm that you have read, understood and accepted the terms and conditions of this Agreement.
2. The terms and conditions set out in this Agreement are the only terms on which Webspace is prepared to deal with the Client in relation to the provision of the Domain Name services.
3. No terms or conditions endorsed upon, delivered with or contained in the Client's quotation, acknowledgement, purchase order, delivery note or other documents will form a part of this Agreement and the Client waives any right which it otherwise might have to rely on such terms and conditions.
4. The Client acknowledges that it may use the Services in conjunction with other Webspace products and services and accepts it will comply with the terms and conditions of such other Webspace products and services while utilising the same in addition to the terms and conditions set out in this Agreement.

1. General Domain Terms
   
   
   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 they will always and, in all aspects, comply with the Internet Corporation of Assigned Names and Numbers’ (ICANN's) and any relevant registry's terms and conditions for domain registration and use. Further, the Client indemnifies both Webspace and the applicable registry for the Domain in respect to the Client's use of the Domain and in respect to the Client's failure to comply with the terms of this Agreement or any failure to comply with ICANN’s or the registry's terms and conditions.
   2. The Client acknowledges and accepts that domain registration and renewal services are limited to theforwarding by Webspace of the Client's request to register or renew a domain to the relevant registry for that domain. It is always the Client's responsibility to check that the Domain has been registered and/or renewed with the registry as appropriate.
   3. The Client warrants that the registration of a requested domain name (“a Domain”) and the way it is to be used, either directly or indirectly:
      1. will not infringe any third-party rights, including third-party intellectual property rights;
      2. It is not being made in bad faith or could otherwise be an abusive registration under the dispute resolution procedures or policies of any relevant registry or ICANN; and
      3. will at no time be used for an unlawful purpose.
   4. While Webspace shall use reasonable means to register a Domain, the Client accepts that Webspace 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.
   5. Webspace makes no representations, express or implied, that a particular Domain is available for registration and Webspace accepts no liability for failure to register a Domain for any reason.
   6. Webspace may from time-to-time change the registrar that a Domain is held with, at its discretion andwithout notice to the Client.
   7. The Client accepts and consents to Webspace making the Client's registration details in relation to the Domain, available to third-parties. This includes ICANN, the applicable registry for the Domain, law enforcement agencies and other government bodies as required by law.
   8. The Client accepts and consents to Webspace making publicly available certain aspects 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 all such disclosures as set out in clauses 1.7 and 1.8 and waives any cause of action it may have against Webspace in this respect.
   9. If the Client has not subscribed to the Whois Privacy Service, the Client must ensure that its details on the Whois database are accurate and current, failure to which the Domain may be suspended by Webspace, ICANN or the relevant registry until such time as the Client can prove that the details on the Whois database are accurate.
   10. The Client consents to have “locks“ automatically applied to Domains registered through Webspace)


2. Domain Renewals
   
   
   1. Webspace shall endeavour to automatically renew a Domain on a Client's behalf when it is due, subject to the following conditions:
      1. the Client has a valid and up-to-date payment method on its account; and
      2. the Client requests verbally and in writing for the Domain to be renewed and has received official written confirmation from Webspace.
   2. If either 2.1.1 or 2.1.2. above apply, Webspace will not automatically renew a Domain and the Client is entirely responsible for any resulting consequences.
   3. Domains that are automatically renewed by Webspace will be renewed for the same duration as the initial period. Clients may select a different renewal period by making amendments on the Client Extranet accounts or sending an email request via the Client’s registered email address.
   4. Domain renewals shall be charged at Webspace's prevailing rate. Webspace's prevailing rates are available on the Webspace (a Webspace company) website.
   5. 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.
   6. 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 are not controlled by Webspace.


3. Domain Cancellations
   
   
   1. Domain cancellations by a Client 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.
   2. If the Domain is purchased alongside another Webspace service or services, the Client must cancel the Domain and the other Webspace service or services separately. Cancellation of one does not mean an automatic cancellation of the other/others.


4. Domain Refunds
   
   
   1. Domain registrations and/or renewals are wholly non-refundable.
   2. Once a Domain has been registered by the applicable registry, Webspace is unable to refund any domain registration payment 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 Webspace’s inability to claim a refund from the relevant registry.
   3. Any refund on a Domain before registration with the relevant registry is entirely at Webspace's discretion.
   4. The Client accepts that Webspace 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.
   5. As stipulated in the General Terms and Conditions above, Domain registrations are a bespoke purchase, made to the Client's specification. Accordingly, the Client waives any right to a cooling off period that may be applicable. If the Client is not willing to waive this right, they must make Webspace aware of this immediately. Webspace will be unable to register a Domain until after the applicable cooling off period has elapsed.


5. Domain Transfer & Ownership Terms
   
   
   1. Webspace shall determine the ownership of a registered Domain by reference to the details held on the Whois database. If the Whois database details are not determinative, Webspace will be entitled to request whatever supporting evidence it may require to ascertain ownership.
   2. If ownership of a registered Domain is disputed, the Client agrees to make all reasonable efforts to resolve such disputes with the third-party. This includes before involving Webspace and at Webspace's request. All country specific domain names as managed by their respective registries of those countries that are under dispute, will be resolved using the respective Alternative Dispute Resolution Policy (ARDP) without involvement of Webspace unless otherwise instructed by the registry.
   3. If a Client wishes to transfer ownership of a registered Domain to Webspace, the Client must:
      1. ensure that all necessary consents and permissions for that transfer have been obtained;
      2. deliver to Webspace documentary evidence of all such relevant consents and permissions; and
      3. accept that Webspace is under no obligation to carry out any transfer request if the Client fails to satisfy Webspace that the documentation provided shows the transfer to be properly requested or authorised or where the Client has not complied with clause 5.
   4. The transfer service offered by Webspace is supplied on the basis that the Client is solely responsible for changing the tag of the domain to Webspace and ensuring that the transfer is completed to the Client's specifications. There are no refunds for cancelled transfers.
   5. The Client accepts that the transfer of a gTLD Domain may require Webspace to undertake a manual transfer. In such an event, the Client agrees to pay the applicable feeto Webspace as stated on Webspace's website.
   6. Upon transfer, the Client accepts that the Domain will be automatically renewed for a minimum term of one year. The Client acknowledges that the maximum terms for a particular domain may vary and are available on an 'as is' basis as displayed by on Webspace’s website. Clients acknowledge that one year may be added and charged to some domain extensions when transferred.
   7. Webspace will only allow a domain name owned or managed by the Client to be attached to Webspace’s (or any of its Associated Companies’) IPS tag if the Client has an active hosting account with Webspace or any of its Associated Companies, or when the Client holds the Domain name within a Webspace account.
   8. The Client agrees that upon 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 this Agreement at Webspace's request.
   9. Webspace will not transfer ownership of a Domain until all the accrued fees for the account have been paid by the Client.
   10. If Webspace receives a complaint regarding trademark or brand infringement, Webspace maintains the right to place the Domain on hold and move it to a holding account. Webspace will take this action if it receives a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must still be paid to Webspace.
   11. In the event of receiving documentation which matches the Whois database, Webspace reserves the right to move a Domain from the current Domain holder's account into a Webspace holding account, lock the domain and place a registrar hold on it. Webspace 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 Webspace by both parties proving the same. This documentation may include a court order or official or legal communication from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.
   12. For all applicable gTLDs, the Client agrees that Webspace will act as a Designated Agent - in accordance with ICANN's Transfer Policy - for the Client whenever a request is made to update the registrant contact details. In that respect, the Client expressly authorises Webspace to approve any change of details on behalf of the Client.
   13. The Client acknowledges and accepts that where Webspace takes an action on a Domain as a Designated Agent under clause 5.12, the Domain will be excluded from any 60-day transfer lock period.


6. Expired Domains
   
   
   1. If a domain name is not renewed by its expiry date, it shall cease to operate and shall be deemed to have expired.
   2. A registered Domain shall expire if Webspace does not receive timely payment before the Domain expiry date.
   3. It is the Client's responsibility to ensure that the email address stored in its Webspace account is current and able to receive renewal reminders from Webspace.
   4. Following the expiry date, a Domain may enter a grace and/or redemption period. This is dependent on the registry as some do not provide for grace and/or redemption periods.
   5. Domains from registries which do not provide for a grace and/or redemption period may be unrecoverable by the Client or Webspace following the expiry date. In such circumstances, Webspace's agreement with the Client for that Domain will terminate immediately and without liability to Webspace. Further, Webspace is under no duty to attempt to recover such Domains.
   6. The Client acknowledges that seven (7) calendar days after the date of expiration of a Domain, Webspace may at its sole discretion undertake the following actions:
      1. renew the Domain;
      2. park the Domain on different name servers from those set by the Client including Webspace’s name servers; and/or
      3. where the relevant registry does not provide for grace or redemption periods, clause 5 above shall apply.
   7. Provided that the relevant registry for the Domain allows a grace period, the Client acknowledges that they have up to 7 days following expiry of the Domain (”the Grace Period”) to contact Webspace to retrieve and renew the Domain provided that they pay for it in full.
   8. On receipt of the renewal fee by Webspace within the Grace Period, the Client will retain ownership of the Domain and as soon as reasonably practical, Webspace will restore the Domain to the Client's control panel.
   9. The Client acknowledges that at the expiration of the Grace Period, Webspace may at its sole discretion undertake the following actions:
      1. auction the Domain;
      2. change the contact details; and/or
      3. transfer the Domain.
   10. If Webspace does not receive the renewal fee within the Grace Period, then Webspace's agreement with the Client for that Domain will terminate immediately and without anyliability to Webspace.
   11. Provided that the relevant registry of the Domain allows for a redemption period, if Webspace 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 and the renewal fee. Both the length of the Redemption Period and the fee vary depending on the registry involved.
   12. The Client acknowledges and agrees that Webspace is not obliged to take any action to renew or recover a Domain during the Redemption Period. Webspace will only make such attempts once the redemption and renewal fees have been paid.
   13. Webspace does not guarantee that attempted renewals, including those of expired domains, will be successful. It remains the Client’s responsibility to validate successful renewals using the Whois database and other sources.