Domain Name Registrant Agreement

  1. Summary

    1. This Domain Name Registrant Agreement defines the terms and conditions to which you, the “Registrant”, “User”, “You”, “Your” register, renew, transfer and managed domain names with DomainsFoundry, a trading name of Ecenica Limited, the “Registrar”, “Us”, “We”, “DomainsFoundry”
    2. The terms in this Domain Name Registrant Agreement are in addition to our general terms and conditions. These terms specifically cover domain name services provided by DomainsFoundry.
    3. You agree to be bound by these terms, as well as any relevant 3rd-party terms when registering domain names with DomainsFoundry.
    4. The Domain Name Registrant Agreement shall be binding for the duration of your domain name registration period. Renewal of your domain name will signify your continued acceptance of these terms. The Domain Name Registrant Agreement shall cease if your domain name is deleted or transferred to another registrar.
    5. Due to the fast changing nature of domain name registration policies, we reserve the right to update or amend the terms of the Domain Name Registrant Agreement at any time without notice to you. Your continued use of our domain name services will be taken as your acceptance of the new terms of this Domain Name Registrant Agreement.

  2. Your obligations when registering domains

    1. You agree any domain registered via DomainsFoundry will:
      1. Not be used unlawfully.
      2. Not be registered in bad faith, or be considered an abusive registration.
      3. Not infringe upon the legal rights of any 3rd party.
    2. You acknowledge that, whilst we will endeavour to register the domain you have requested, we cannot guarantee the domain name you have requested can be registered even if it is shown as available.
    3. You will accurately provide the following details to us:
      1. The domain name you wish to register.
      2. Your name, address, email address, telephone and if applicable company name and fax number.
      3. If the requested domain name contains a registered trademark then you confirm and warrant that you are the owner of the trademark or have the authority of the trademark owner to register the domain name.
      4. Any additional information which may be required to register your desired domain.
    4. You will maintain up-to-date contact information for your domains.
    5. You acknowledge if the information you provide is incorrect or unreliable then and you fail to update or respond to enquiries from the registrar then this will constitute a breach of these terms and will be the basis of suspension or deletion of your domain without refund or compensation.

  3. Domain Auto-Renewal

    1. Domains will be automatically renewed by DomainsFoundry (7) days before the domain’s expiry date if:
      1. Auto-renew is enabled on the domain name.
      2. We have been able to successfully take payment for the domain renewal from your stored payment details.
    2. Where Auto-renew is enabled, a renewal invoice for the domain will be generated (30) days before the expiry date and an email notification sent to you.
    3. We will notify you via email once your domain name has been successfully renewed. You should not assume renewal until then.

  4. Domain Renewal and Expiry

    1. You acknowledge we are obligated to send domain renewal notifications before your domain expiry date to your nominated email contact. The schedule of these renewal notifications is published on our website. It is your responsibility to ensure your contact details are up to date to ensure our email reminders are received.
    2. You retain the option to manually renew your domain name via DomainsFoundry Dashboard before the expiry date.
    3. If we have been unable to successfully take payment from your stored payment details and you have not manually renewed your domain name before the expiry date then your domain will expire and will not be renewed by DomainsFoundry.
    4. Domains which are not renewed by the expiry date will be marked as ‘Expired’ in your DomainsFoundry Dashboard.
    5. Expired domains will usually stop resolving. This may affect email and web services associated with the domain. In addition;
      1. Your domain name may be redirected to an domain expiry parking page which may contain advertisements.

  5. Domain Refunds

    1. Due to the personalised and bespoke nature of domain names they are non-refundable in whole or part once the registration, transfer or renewal has been submitted to the registrar, even if the registration is suspended, cancelled or transferred prior to the end of the current registration term.
    2. You understand that domain names as a personalised service are not entitled to a fourteen (14) day cooling off period or right to cancellation as specified in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 regulation 28 (b).
    3. The customer understands that we are unable to change or edit the spelling of domain names after registration. It is the customers responsibility to ensure the spelling of a domain is as desired before completing the order.
    4. No refunds will be issued for domains which are deleted due to a breach of these or any relevant associated terms.

  6. Recovering a Domain after Expiry

    1. Recovery and renewal of a domain after expiry may be possible, however you acknowledge we offer no guarantees.
    2. If the expired domain is within the Registrar’s ‘Renewal Grace Period’ then renewals will be charged at our standard renewal fees, published on our website and on your domain renewal order form.
    3. If the expired domain is not within the Registrar’s ‘Renewal Grace Period’, but within the ‘Redemption Period’ then domain renewal will be subject to an additional Recovery Fee plus the standard renewal fee. The Recovery Fee varies depending on the domain and we will inform you of this fee before you renew.
    4. To renew a domain name which is in the ‘Redemption Period’ you must contact us via our Support Ticket system.
    5. If you fail to renew an expired domain name within the registrars ‘Renewal Grace Period’ or ‘Redemption Period’ then it will be deleted by the Registrar and offered for re-registration on the open market.

  7. 3rd Party Terms

    1. The registration, renewal and use of your domain name is also subject to the 3rd party terms and conditions of the relevant domain registry. You are responsible for ensuring that you are aware and comply with these terms.
      1. Registrants of UK domains (.uk, .co.uk, .me.uk, .org.uk, .ltd.uk) will enter into an agreement with Nominet UK, the Internet registry for .uk domain names. Nominet terms and conditions can be found at https://www.nominet.uk/uk-domains/policies/
    2. If any part of this Domain Name Registrant Agreement is inconsistent with the 3rd party terms for the domain name then the 3rd party terms shall prevail.

  8. Domain Disputes

    1. We will not act as your agent or on your behalf with any correspondence or dealings with the relevant domain name registry in the event of a dispute.
    2. We will not held be liable if the domain registry revokes or suspends the domain name you have registered due to a dispute. Nor will we be liable if any dispute related to your domain name arises.

  9. Domain Transfers

    1. If you are requesting a domain name transfer then you warrant that you are the legal owner or have the authority of the legal owner to transfer the domain.
    2. Before ordering a domain transfer to DomainsFoundry you agree to ensure your domain name is able to be transferred in a timely manner from the current domain registrar and:
      1. Is not subject to a registrar lock or suspension which will prevent transfer.
      2. Has a valid EPP / Transfer Auth code
      3. Has up-to-date contact email details for the domain administrative contact where email approval of the transfer is required.
    3. You acknowledge we cannot guarantee your domain transfer will be successful.
    4. Transfer of any domain registered through DomainsFoundry to another registrar can only be actioned if the domain has been registered for at least 60 days, the registrant details have not changed in the past 60 days, the domain is not in dispute and your DomainsFoundry account payments are not overdue.