These Domain Products Terms and Conditions are supplemental to the General Terms and Conditions, and apply to the provision of any domain related services by Compucare Computer Servicing Limited (‘Pulse8 Comms’). The ordering of Domain services from Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms shall use reasonable endeavours to register a Domain, the Client accepts that Pulse8 Comms 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. Pulse8 Comms makes no representations, express of implied, that a particular Domain is available for registration and Pulse8 Comms accepts no liability for failure to register a Domain for any reason.
1.6. Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms, 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 Pulse8 Comms having [locks] automatically applied to such Domains.
2. Domain Renewals
2.1. Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms will be ordinarily renewed for the same duration as the initial registration period. Clients may select a different renewal period by making amendments via the ‘Domain Auto Renewals’ section of the Client’s control panel.
2.4. Pulse8 Comms 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. Pulse8 Comms shall endeavour to follow any payment priority set up on the Client’s account, however, Pulse8 Comms reserves the right to take payment from any stored payment method on the Client’s account.
2.5. Pulse8 Comms 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 Pulse8 Comms’s prevailing rate at the time of the renewals. Pulse8 Comms’s prevailing rates can be located on Pulse8 Comms’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 Pulse8 Comms service then the Client must cancel both the Domain and the other Pulse8 Comms 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 Pulse8 Comms in whole or in part.
4.2. Once a Domain has been registered by the applicable registry, Pulse8 Comms 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 Pulse8 Comms’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 Pulse8 Comms’s discretion.
4.4. The Client accepts that Pulse8 Comms 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 Pulse8 Comms aware of the same and Pulse8 Comms will be unable to register a Domain until after the applicable cooling off period has expired.
5. Domain Transfer & Ownership Terms
5.1. Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms and at Pulse8 Comms’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 Pulse8 Comms documentary evidence of all such relevant consents and permissions;
5.3.3. accept that Pulse8 Comms is under no obligation to carry out any transfer request if the Client fails to satisfy Pulse8 Comms 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 Pulse8 Comms is supplied on the basis that the Client is solely responsible for changing the tag of the domain to Pulse8 Comms and to ensure that the transfer completes to the Client’s specifications. If a transfer is cancelled, the Client will be responsible for contacting Pulse8 Comms to request a refund for the incomplete transfer, if applicable
5.5. The Client accepts that the transfer of a gTLD Domain may require Pulse8 Comms to carry out a manual transfer. In such event, the Client agrees to pay the applicable manual transfer fee to Pulse8 Comms as stated on Pulse8 Comms’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 Pulse8 Comms. 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. Pulse8 Comms will only allow a domain name owned or managed by the Client to be attached to the IPS tag of Pulse8 Comms or any of its Associated Companies if the Client has an active hosting account with Pulse8 Comms or one of its Associated Companies or when the Client is holding the domain name within a Pulse8 Comms 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 Pulse8 Comms’s request.
5.9. Pulse8 Comms 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 Pulse8 Comms.
5.10. In the event that Pulse8 Comms receives a complaint in regards to trademark / brand infringement, Pulse8 Comms has the right to place a Domain on hold and move into the Pulse8 Comms holding account. Pulse8 Comms 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 Pulse8 Comms by the Client.
5.11. In the event of receiving documentation which matches the WHOIS details, Pulse8 Comms reserves the right to move a Domain from the current Domain holder’s account into a Pulse8 Comms holding account, lock the domain and place a registrar hold on it. Pulse8 Comms 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 Pulse8 Comms 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.
5.12. For all applicable gTLDs the Client agrees that Pulse8 Comms 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 associated with a Domain. In that respect, the Client expressly authorises Pulse8 Comms to approve a change of registrant of any change to the registrant’s details on behalf of the Client.
5.13. The Client acknowledges and accepts that where Pulse8 Comms takes an action on a Domain as a Designated Agent under clause 5.12 then such Domain will be opted out from any 60-day transfer lock period.
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 Pulse8 Comms is unable to take payment via the method stored on the Client’s Pulse8 Comms 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’ Pulse8 Comms account is up to date and is able to receive renewal reminders from Pulse8 Comms.
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 Pulse8 Comms following the expiry date and in such circumstances Pulse8 Comms’s agreement with the Client for that Domain will terminate immediately and without liability to Pulse8 Comms. Further, Pulse8 Comms 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, Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms 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 Pulse8 Comms within the Grace Period, the Client will retain ownership of the Domain(s) and as soon as reasonably practicable Pulse8 Comms shall restore the Domain(s) to the Client’s control panel.
6.9. The Client acknowledges that following the end of the Grace Period Pulse8 Comms 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 Pulse8 Comms does not receive the renewal fee within the Grace Period, then Pulse8 Comms’s agreement with the Client for that Domain will terminate immediately and without liability to Pulse8 Comms.
6.11. Provided that the relevant registry of the Domain(s) allows for a redemption period, if Pulse8 Comms 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).
6.12. Clients acknowledge and agree that Pulse8 Comms 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 Pulse8 Comms.
6.13. Pulse8 Comms endeavours to renew Domain(s) on behalf of the Client. However, Pulse8 Comms 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. Complaints and Reporting
7.1 We will aim to respond to all customer contacts within 3 business days
7.2 Reports of abuse such as phishing, spam can be emailed to email@example.com or over the phone using 0800 042 8888.
7.3 We will aim to respond to reports within 3 business days.
7.4 Complaints can be emailed to firstname.lastname@example.org or over the phone using 0800 042 8888.
7.5 We aim to respond to complaints within 3 business days.
7.5 You can escalate your complaint by replying to the original ticket, or calling 0800 042 8888 if unsatisfied with the initial solution.
7.6 We aim to respond to your escalation within 5 business days.
Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies; where possible relevant links have been provided below:
Registrant terms: www.nominet.uk/nominet-terms
Domain dispute policy: www.nominet.uk/disputes/drs/policy/