Domain Name Terms and Conditions
These Terms & Conditions set out the basis on which Your Digital Heroes Ltd Ltd provide Domain Names and Domain Name Services and are in addition to the General Terms & Conditions.
1. In the case of the Client not being the Registrant, the Client confirms by requesting DN Registration that the Registrant has been made fully aware of these Terms & Conditions. Furthermore the Client agrees to indemnify Your Digital Heroes Ltd against any claims from the Registrant in respect of the requested DN registration whether successfully registered or not.
2. The contract for DN Registration is between Registrant and the appropriate Naming Authority; with Your Digital Heroes Ltd acting as Agent for Registrant through the Client.
3. Registration of DN is subject to the terms and conditions of use of the Naming Authority and both Registrant and Client must comply with such terms and conditions. Your Digital Heroes Ltd does not warrant the competency or the activities of the Naming authority or the legality of DN.
4. If a domain is in the control of Your Digital Heroes Ltd Ltd (for .co.uk this would entail the IPS Tag being set to one which is under the control of Your Digital Heroes Ltd) and requires transferring away from Your Digital Heroes Ltd to a new host then a transfer fee is charegable at £20+VAT per domain.
2.1 The terms and conditions for the .uk Naming Authority ‘Nominet UK’ can be read & printed by following this link http://www.nic.uk/terms.html
2.2 The N terms and conditions for ICANN can be read and printed by following this link http://www.icann.org/urdp/udrp.htm
2.3 Your Digital Heroes Ltd makes no representation that the DN requested is capable of being registered to the proposed Registrant. The Registrant and the Client should therefore not assume registration of the DN until Your Digital Heroes Ltd confirms in writing that the DN has been registered. Any action that the Registrant or Client take before receiving written confirmation of Registration is at the risk of the Registrant. This is irrespective of whether Client has paid the DN Fee to Your Digital Heroes Ltd.
2.4 Your Digital Heroes Ltd gives no warranty that DN requested will not infringe the rights of any third party and Client agrees to indemnify Your Digital Heroes Ltd against any such infringements.
2.5 Your Digital Heroes Ltd shall have no liability in respect of the use by the Registrant or the Client of any DN. Any dispute between Registrant or client and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, Your Digital Heroes Ltd shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. Your Digital Heroes Ltd shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. Documentation and procedures fro resolving disputes are available from Nominet UK and ICANN links provided in clause 2.1 & 2.2.
2.6 Your Digital Heroes Ltd will advise the Client by way of an invoice of the impending Renewal of DN. Where such invoice indicates that the DN will be renewed automatically unless Client notifies Your Digital Heroes Ltd in writing by the date specified, the Client will be required to pay the invoice in full even if the Client later advises Your Digital Heroes Ltd that the DN is no longer required. In the case of the invoice stating payment is required prior to Renewal Your Digital Heroes Ltd accepts no responsibility whatsoever should the DN Registration lapse and be taken up by any other party.
2.7 It is the sole responsibility of Client to ensure that Your Digital Heroes Ltd has correct contact details for both Client and Registrant at all times.
2.8 Due to the nature of DN and the Registration process, unfortunately once the DN is registered or submitted for Registration the DN cannot be cancelled therefore the Client shall pay Your Digital Heroes Ltd the DN Fee or in the case of a pre-payment no refund of DN Fee can be made.
2.9 Any request to transfer DN from Your Digital Heroes Ltd to another provider must be confirmed in writing by the Registrant. Your Digital Heroes Ltd will use its best endeavours to effect a smooth and timely transfer to the new provider, but Your Digital Heroes Ltd will not be liable for any delay or failure in the transfer. Transfers will not be commenced until all outstanding monies have been paid by the Client to Your Digital Heroes Ltd.
2.10 Client requesting to transfer an existing DN to Your Digital Heroes Ltd confirms that the current provider has been made aware and agreed to the change. Your Digital Heroes Ltd will use its best endeavours to effect a smooth and timely transfer, but Your Digital Heroes Ltd will not be held liable for any delay or failure in the transfer.