By submitting an order for service (electronically or otherwise) you accept and agree to be contractually bound by these terms, furthermore Your continued use of any of our services or products constitutes your acceptance of our terms
and conditions set forth herein
1. GENERAL TERMS APPLICABLE TO ALL SERVICES
1.1 Introduction and Definitions
1.1.1 We are Safenames Ltd. Our registered office is at Safenames
House, Sunrise Parkway, Linford Wood, Milton Keynes MK14 6LS Our VAT Number is .GB737419710
1.1.2 You can
contact us1.1.3 We are a domain name registrar accredited by the Internet Corporation for Assigned Names and Numbers (www.icann.org).
1.1.4 These terms and conditions (“T&Cs”) apply to the agreement between us and the individual or organisation applying (whether or not through an agent) for the provision of our Services (“you”).
1.1.5 You should read this section 1 , which applies to all Services, together with the section that relates to the particular Services you are ordering. All clauses in both sections apply even if they have the same or similar headings.
1.1.6 We explain in the headings what each clause covers. These headings are for guidance only and are not legally binding.
1.1.7 We refer in these T&Cs to certain other documents which form part of this agreement. Please tell
us if you can’t access those documents on the Internet and we will be happy to supply copies.
1.1.8 These T&Cs take precedence if inconsistent with any material on our website.
1.1.9 The following words and expressions
shall have the following meanings:
“AUP” means our acceptable use policy
“ccTLD” country code top level domain (e.g. .uk, .de, .au)
"CF" refers to the Safenames Company
Formation Service
“Contract Schedule” means the document with that title
“Data” includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials
of any kind and in any form;
“DNS” domain name server
“Exceptional Circumstances:” occur where we consider that:
1.1.9.1 our AUP (https://idp.safenames.com/static/docs/legal/safenames_acceptable_use_policy%20(2).doc)
has been or may be breached; or
1.1.9.2 it is necessary to protect us or our other customers or the public and/or to minimise our exposure to breach of Regulation or the risk of civil or criminal proceedings and /or to respond to
claims of violation of third party rights;
“Costs Proposal" our price list published from time to time and applicable to the agreement between you and us
“gTLD” generic top level domain (e.g. .com, org, .net,
.biz, .info, .name)
"LC" refers to the Local Contact Service
“Local Administration Costs” NIC fees and other local administration costs which without prejudice
to the generality of the foregoing includes local agents’ fees bank charges and courier fees
“Naming Authorities”(1) ICANN or any equivalent body; and (2) the registries responsible for particular types of domain
names including all country code registries
“Personal Data” data concerning living individuals or data from which living individuals could be identified
“Privacy Policy” our privacy policy concerning Personal
Data (www.safenames.net)
“Regulation” all applicable laws, statutes, regulations, standards or codes of conduct, whether or not compulsory
“Service Level Agreement" the document
of that title relating to a particular product or service provided by us
“ Reseller Agreement” the document of that title relating to the Reseller service provided by us.
“Services”
means products and services supplied by us including those detailed in the Contract Schedule
“SLA” means Service Level Agreement
1.2 Changes to the T&Cs
1.2.1 We may need to change the T&Cs (including
our AUP or other policies) and / or the specifications of the Services. If so, we will post notice on our website at least 30 days (or a lesser period if practicable) before the change takes effect. Please check our site constantly.
New contracts will be governed by the T&Cs that are current at the time you make a contract with us.
1.2.2 If you have signed a contract with us, amendments to that contract will only be binding if both parties agree to the amendments
in writing.
1.2.3 Any renewal of our Services or of domain names or any part of the Services provided periodically will automatically be subject to our then current T&Cs.
1.3 Right to cancel under and information
required by Distance Selling Regulations
1.3.1 This clause 1.3 applies to you only if you are a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (http://www.dti.gov.uk/cacp/ca/policy/distanceselling/newregs.htm).
1.3.2 You may cancel your order by giving us written notice within 7 working days of placing your order. Within 30 days of your notice, we will refund credit card payments by credit card refund and other payments by cheque. However,
this right of cancellation does not apply once performance of our Services has begun. Please note that we begin to perform certain Services, such as registration or renewal of certain domain names (including gTLD and .uk ccTLD) and website
hosting services, immediately after you place your order. Nor does the right of cancellation apply in relation to software, which has been unsealed.
1.4 Ambit of Services
1.4.1 We agree to supply
the Services with all due professional care and skill and without negligence and where relevant in accordance with the applicable SLA.
1.4.2 however, we are unable to guarantee:
1.4.2.1 that the Services will be uninterrupted,
secure or error-free or;
1.4.2.2 that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all; or
1.4.2.3
that particular results will be achieved or that any results will be accurate or reliable.
1.4.3 we may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably
possible.
1.5 Support
1.5.1 The Services include support only insofar as we have agreed to supply support to you. If we have agreed to provide support we will use reasonable endeavours to meet any
specified response times and to rectify specified faults or problems but do not guarantee that response times or rectification will be achieved.
1.5.2 we shall not in any event be obliged to supply support:
1.5.2.1 in respect
of faults or problems directly or indirectly arising from:
1.5.2.1.1 incorrect use of the Services;
1.5.2.1.2 products or services not supplied by us; or
1.5.2.1.3 any cause external to the Services;
1.5.2.2 where
you are using anything other than the most recent version of, any relevant software
1.5.2.3 where you or any third party not authorised by us has modified the relevant software or attempted to resolve the problem; or
1.5.2.4
if any fees due to us are unpaid.
1.5.3 any support, which we agree to supply, in addition to that covered by this agreement shall be charged at our then current standard rates or as agreed.
1.6 EXCLUSIONS
AND RESTRICTIONS OF OUR LIABILITY TO YOU
1.6.1 THIS CLAUSE 1.6 (AND ANY OTHER CLAUSE EXCLUDING OR RESTRICTING OUR LIABILITY) APPLIES TO OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS
TO US.
1.6.2 NOTHING IN THIS AGREEMENT IN ANY WAY EXCLUDES OR RESTRICTS OUR LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY, FOR FRAUDULENT MISREPRESENTATION, OR FOR ANYTHING, WHICH MAY NOT LEGALLY BE RESTRICTED. NOR DOES
IT AFFECT CONSUMERS’ STATUTORY RIGHTS.
1.6.3 OUR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ANY ONE EVENT OR SERIES OF RELATED EVENTS IS LIMITED TO 125%
OF THE FEE WE RECEIVED FOR THE RELEVANT SERVICE IN THE 12 MONTHS BEFORE THE EVENT(S) COMPLAINED OF.
1.6.4 IN NO EVENT (INCLUDING OUR OWN NEGLIGENCE) WILL WE BE LIABLE FOR ANY:
1.6.4.1 ECONOMIC LOSSES (INCLUDING, WITHOUT
LIMIT, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);
1.6.4.2 LOSS OF GOODWILL OR REPUTATION OR
1.6.4.3 SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES.
1.6.5 IN NO EVENT MAY YOU BRING ANY CLAIM AGAINST
US MORE THAN 12 MONTHS AFTER YOU KNEW OF (OR OUGHT REASONABLY TO HAVE DISCOVERED) THE EVENT(S) GIVING RISE TO THE POTENTIAL LIABILITY.
1.6.6 WE HAVE NO LIABILITY FOR ANY THIRD PARTY GOODS AND SERVICES OR TOWARDS THIRD PARTIES GENERALLY.
1.6.7 TO THE EXTENT ALLOWED BY LAW, WE EXCLUDE ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY LAW OR OTHERWISE, THAT ARE NOT EXPRESSLY STATED IN THIS AGREEMENT INCLUDING, WITHOUT LIMIT, THE IMPLIED
WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
1.7 INDEMNITY (I.E. YOUR RESPONSIBILITY TO REIMBURSE US OR NAMING AUTHORITIES IF SUED BY THIRD PARTIES)
1.7.1 YOU WILL INDEMNIFY US AND ALL
NAMING AUTHORITIES (INCLUDING OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES) AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE LEGAL FEES) DIRECTLY RELATED TO YOUR REGISTRATION
OF OR USE OF YOUR DOMAIN NAMES, YOUR USE OF THE SERVICES OR BREACH BY YOU OF THIS AGREEMENT.
1.7.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VERISIGN (VNDS), AND ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES ARISING OUT OF OR RELATING TO THE REGISTERED NAME HOLDER'S DOMAIN NAME REGISTRATION.
1.8 Payment
1.8.1 You must pay the fees (together with VAT and any applicable taxes) specified in our Costs Proposal current when you order or renew any Services.
1.8.2 Payment may be in 30, 60, 90 day terms
depending on contract agreement and made:
1.8.2.1 online by credit card in advance; or
1.8.2.2 within terms specified on our invoice if we agree to charge by invoice; or
1.8.2.3 by any other method that we specifically agree
in the Contract Schedule or Costs Proposal
1.8.3 Payment must be made without deduction or set-off and time for payment shall be of the essence.
1.8.4 We may charge interest on overdue sums (both before and after judgment)
at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
1.8.5 All fees are non refundable unless otherwise stated.
1.8.6 We are not responsible for
any charges associated with the making of payments via international wire transfer or through fees incurred by third-party payment providers such as PayPal, Moneybookers or Alipay e.g. Payments made through PayPal attract a surcharge.
You agree to pay all fees incurred in connection with the use of these payment providers.
1.9 Your obligations and representations
1.9.1 You represent that you have power and authority to enter into this
agreement.
1.9.2 You must comply with our reasonable instructions and requests concerning the Services.
1.9.3 You must provide us with all of your up to date contact details (including email addresses) and promptly notify us
of any changes. We rely on this information for various reasons including the transmission of renewal notices and other important information concerning the Services.
1.9.4 You must comply with our A U P at https://idp.safenames.com/static/docs/legal/safenames_acceptable_use_policy%20(2).doc
and bring it to the attention of your authorised users.
1.9.5 You are responsible for all persons who use your password or security phrase to access the Services, whether authorised or not, unless acting on our behalf.
1.9.6
You warrant that your use of the Services will not infringe any third party intellectual property or other rights.
1.9.7 There is a risk that Data generated, stored, transmitted or used via or in connection with the Services may be
irretrievably damaged or lost if there is a fault or on suspension or termination. It is your responsibility to frequently back-up all such Data that you wish to save (excluding any Services that specifically include a back-up capability).
1.10 Security
1.10.1 You must:
1.10.1.1 keep your username, password and security phrase secure (and we may change these at any time for good reason);
1.10.1.2 if requested use your password or security phrase when
giving instructions (and we are authorised to comply with instructions containing your password or security phrase);
1.10.1.3 take reasonable steps in respect of matters in your control to minimise any risk of security breaches in
connection with the Services e.g. by promptly implementing security patches;
1.10.1.4 notify us of any security breaches; and
1.10.1.5 comply with our security checks.
1.11 Data
1.11.1 We may access, copy,
preserve, disclose, remove, suspend or delete any Data:
1.11.1.1 in the event of Exceptional Circumstances concerning that Data;
1.11.1.2 if we are required to do so by Regulation or competent authority; or
1.11.1.3 it is
otherwise permitted under this agreement.
1.12 Personal Data
1.12.1 We will process your Personal Data only in accordance with our Privacy Policy (https://idp.safenames.com/static/docs/legal/privacy_policy.doc).
1.12.2 You consent to such processing. You also confirm that you have shown our privacy policy (https://idp.safenames.com/static/docs/legal/privacy_policy.doc) to, and obtained similar consent from, any third party individuals whose
Personal Data you have supplied to us and you will continue do so in future.
1.13 Term / termination / suspension
1.13.1 Unless specified in the Contract Schedule all Services paid for annually or monthly will be provided
for initial contract periods of 12 months or 30 days respectively. If you do not provide written notice to cancel at least 90 days before the end of the initial or any later period in the case of a 12 monthly contract or 30 days before
the end of the initial or any later period in the case of a monthly agreement, the Services will rollover for further 12 month or 30 day periods respectively. (This sub clause does not apply to domain names or hosting services –
see section 2 below).
1.13.2 You or we may terminate this agreement (as regards some or all of the Services) immediately on written notice if the other:
1.13.2.1 commits a material breach of this agreement and, if remediable,
having received from the other party written notice stating the intention to terminate the agreement if not remedied, fails to remedy the breach within 14 days; or
1.13.2.2 is subject to a resolution for winding up or a petition for
bankruptcy or liquidation or proposes or enters any arrangement or composition with assignment with or for creditors or a receiver or liquidator or trustee in bankruptcy is appointed over it or any of its assets or any similar circumstances.
1.13.3 We may also terminate this agreement (as regards some or all of the Services) and/or suspend some or all of the Services (including our declining to co-operate generally with you) immediately on written notice:
1.13.3.1 in
the event of Exceptional Circumstances;
1.13.3.2 if you have otherwise breached this agreement including non-payment;
1.13.3.3 if we are required to do so by Regulation or competent authority; or
1.13.3.4 it is otherwise
permitted under this agreement.
1.13.4 Subject to 1.13.4.4 below the consequences of termination of this agreement or suspension of Services for any reason may include the following:
1.13.4.1 we will immediately stop supplying,
and will terminate access to, the relevant Services - this may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the Services and / or we may destroy any such Data;
1.13.4.2 all licenses granted by us terminate;
1.13.4.3 any fees due remain payable and, if already paid, will be non-refundable unless:
1.13.4.3.1 you have cancelled this agreement in accordance with the Distance Selling Regulations
and subject to clause 1.3; or
1.13.4.3.2 we have terminated this agreement under clause 1.13.2 or 1.13.3 (excluding domain registration and renewal fees paid to registries);
1.13.4.4 save that where you have terminated
the contract with proper notice and have not been in breach (1.13.2) or we have not terminated in the circumstances listed in 1.13.3 above we will use reasonable endeavours in cooperation with you to preserve and transfer to you any of
your Data during the relevant notice period and accrued rights and liabilities will be unaffected; and
1.13.4.5 any termination of part of a bundled package of Services will terminate the entire bundle; however we may in our discretion
allow you to convert certain of the bundled Services to stand-alone Services (Please note that if the non-terminated part of the bundle comprises domain names, these will remain on our DNS until the next renewal date (but not thereafter)
and be chargeable for that period at our then current rate unless (i) you instruct us in writing to remove them from our DNS or (ii) we notify you in writing that we are doing so).
1.13.5 The clauses in this
agreement which are expressed or intended to survive the termination of this Agreement shall survive.
1.14 Intellectual property rights
1.14.1 We retain ownership of all intellectual property rights relating to development
or supply of the Services including all methodologies, know-how and processes used and in any information, reports, documents, software or other Data created by us as part of the Services (together described below as “the Materials”).
1.15 Confidentiality
1.15.1 we both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. “Confidential Data” means Data identified as,
or which clearly is, confidential.
1.15.2 this clause does not apply to Data which:
1.15.2.1 enters the public domain other than through breach of this clause;
1.15.2.2 is or becomes independently known to the receiving
party free from any confidentiality restriction;
1.15.2.3 is required to be disclosed by Regulation or competent authority;
1.15.2.4 is reasonably disclosed to our employees, suppliers or others for the proper performance
of the agreement and subject in the case of suppliers or others to the signature of an appropriate confidentiality undertaking;
1.15.2.5 is reasonably disclosed to professional advisers; or
1.15.2.6 which we are otherwise
permitted to disclose in accordance with this agreement.
1.16 Notices
1.16.1 You should send any notices under this agreement to the address given at the top of this agreement. Fax and email contact details are published
on our website.
1.16.2 We shall send any notices in accordance with the most recent contact information which you have provided to us.
1.16.3 Notices may be sent by hand, recorded delivery, fax or email and shall be deemed to
be received:
1.16.3.1 by hand - when delivered provided handed to a senior employee
1.16.3.2 recorded delivery - five days after posting
1.16.3.3 fax - when the sender receives an error-free transmission report
1.16.3.4
email – on the day sent unless the contrary proved.
1.17 General
1.17.1 The agreement between you and us of which these Terms and Conditions form part represents the entire agreement of the parties relating to its
subject matter. It supersedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, representations by any agent or employee of any third party you may use to apply for the Services
unless such representation has been incorporated as an express term of the agreement between you and us.
1.17.2 If any part of this agreement is deemed void for any reason, the offending words shall be deemed deleted and the remainder
shall continue in full force.
1.17.3 You may not assign this agreement or subcontract or resell any of the Services without our prior written consent. Subject to our contractual obligation to supply the Services we may assign this
agreement or subcontract any of the Services.
1.17.4 Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any
circumstances beyond its reasonable control, including but not limited to failure of any communications, telecommunications, third party suppliers or computer system.
1.17.5 The failure to exercise or delay in exercising a right or
remedy under this agreement shall not constitute a waiver of the right or remedy.
1.17.6 Nothing in this agreement shall be construed as creating a partnership or joint venture of any kind between us.
1.18 English law and
jurisdiction
1.18.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
2. ADDITIONAL TERMS APPLICABLE TO DOMAIN REGISTRATION, HOSTING, ADMINISTRATION
AND RENEWALS
2.1 Introduction
2.1.1 This section 2 of the T&Cs applies to registration, hosting on our DNS, administration (such as email and web forwarding, changing registrants and contacts) and renewals of
domain names.
2.1.2 You should read this section in conjunction with section 1 of the T&Cs which also applies to these Services.
2.2 Registration, renewal and hosting of domain names
2.2.1 We will use our
reasonable endeavours to register domain names and notify you of the outcome but we give no guarantee of success.
2.2.2 We may in our discretion cancel, and /or refuse to register, release or renew any domain name:
2.2.2.1 in
the event of Exceptional Circumstances concerning that domain name;
2.2.2.2 if our fees in respect of that domain name are overdue;
2.2.2.3 if we are required to do so by Regulation or competent authority; or
2.2.2.4 if
it is otherwise permitted under these T&Cs.
2.2.3 No refunds shall be given once gTLDs or ccTLDs ordered by you are registered.
2.2.4 You may replace one or more unavailable domain names ordered individually
or as part of a domain name bundle, with alternative domain name/s with the same suffix, if no domain is available or domain has not been registered after a 12 month period then a credit will be raised. Safenames, in our discretion, may
provide a refund if your domain name is unavailable after 12 month period. The refund issued will solely consist of the relevant NIC fee of the domain registration costs.
2.2.5 Newly registered domain names will be hosted on our DNS
unless we are otherwise notified at date of the order.
2.2.6 We shall be named on the WHOIS information as the admin, billing and technical (or equivalent) contacts by default on all newly registered domain names
and on all domain names transferred to our DNS. In the event that this information is changed by a client or at a client's request, Safenames cannot be held liable for any issues or consequences arising in relation to any domain names
that are not on our default settings.
2.2.7 Newly registered gTLDs cannot be transferred to another registrar within 60 days of registration.
2.2.8 Domain names which expire are at risk of cancellation. You are ultimately
responsible for paying renewal charges to the appropriate registry or to Safenames as specified.
2.2.9 The extent of our renewal services is to:
2.2.9.1 notify you via the most recent email address you have supplied to us of
any renewal notices received by us; and
2.2.9.2 use our reasonable endeavours to renew domain names, which by the renewal date you, have specifically asked us in writing to renew and paid for.
2.2.10 Our renewal services
do not apply to (and you are solely responsible for renewing) domain names:
2.2.10.1 which are not or stop being hosted on our DNS; and/or
2.2.10.2 in respect of which we do not receive renewal notices, whether because we are
not named as billing contact, the relevant registry sent renewal invoices direct to you or otherwise.
2.2.11 Auto-Renew Clients can pay via invoice (by either bank transfer or cheque), or via our new Cash Pot system.
2.2.11.1.
For Country-Code TLDs (e.g. .FR .ES .NO etc.) You will receive a renewal notification via email each month, starting 3 months before the domain name expires, up until 45 days prior to expiration. If you choose not to respond to the reminder
notifications, you will be sent an invoice as we will assume you want to renew the domain name.
2.2.11.2. For Generic TLDs (e.g. .com .net .info etc.) You will receive a renewal notification via email each month, starting 2 months
before the domain name expires, up until 14 days prior to expiration. After a further 7 days, if we have had no response, an additional reminder will be sent on a daily basis until the domain name expires. If you choose not to respond,
you will be sent an invoice as we will assume you want to renew the domain name.
2.2.12. Auto-Delete Clients are required to add funds to their Cash Pot prior to placing an order with us.
2.2.12.1. For Country-Code TLDs (e.g.
.FR .ES .NO etc.) You will receive a renewal notification via email each month, starting 3 months before the domain name, up until 45 days prior to expiration. If you choose not to respond to the reminder notifications, you will not be
sent an invoice, and your domain name will be deleted as we will assume you do not want to keep your domain name.
2.2.12.2. For Generic TLDs (e.g. .com .net .info etc.) You will receive a renewal notification via email each month,
starting 2 months before the domain name expires, up until 14 days prior to expiration. After a further 7 days, if we have had no response, an additional reminder will be sent on a daily basis until the domain name expires. If you choose
not to respond, you will not be sent an invoice and the domain name will be placed into a Redemption Period for 40 days. An additional fee will be charged to renew the domain name during this Redemption Period. After 45 days the domain
name will be deleted.
2.2.13. Once an invoice has been issued, you must pay for the service as agreed in our terms and conditions.
2.2.14 If this contract ends whether by mutual agreement, breach, renunciation or by any other
means we will agree to transfer the domains names on our DNS subject to payment of any outstanding fees or Local Administration Costs and subject to payment of our transfer fees or Local Administration Costs in respect of the requested
transfer (see clause 2.8 below)
2.2.15 If domain names are transferred or removed from our DNS:
2.2.15.1 we may remove ourselves as billing, technical or other contacts;
2.2.15.2 websites at those domains may become inaccessible;
2.2.15.3 web and email forwarding will cease and emails may be lost; and
2.2.15.4 fees may be payable in accordance with our then current Costs Proposal.
2.3 Redemption and expiry of domains (for gTLD domains)
2.3.1 If
you fail to renew a domain name, resulting in expiry, the following procedure is followed.
2.3.2 Domains which lapse past their expiry date will be placed onto the Safenames pending delete server. (the ADD Grace period). All
services are suspended once domains are placed within this state.
2.3.3 Registrants have the opportunity to renew the domain during this five day period.
2.3.4 Once the five days have elapsed the domain name will enter the “Redemption
Period”. The redemption period lasts for a full 30 days. Service is still suspended throughout this period. Domain names cannot be renewed at this time, but restored.
2.3.5 Any requests to restore domain names in
this state are subject to additional redemption fees (please refer to section 7 for a full fee schedule).
2.3.6 After the 30 day period domains will enter the “pending delete” status. All domains within this status are
not capable of being restored. If you do not redeem your domain name prior to the end of the 30 day redemption period Safenames may, at its sole discretion, delete your domain name or transfer it to another registrant.
2.3.7 Safenames
are not able to provide any service (including restoration) for domains which enter this status. You are ultimately responsible for renewing domain registrations.
2.3.8 Safenames are not liable for any loss of service, damage or disruption
to domains within the “pending delete” status. It is your responsibility to renew the domain name within a reasonable time.
2.3.9 Safenames may re-register expired domain name services to a third party or make expired
domain name services available to third parties.
2.3.10 After the expiry period for a domain name we may either:
2.3.10.1 discontinue the domain name registration services at anytime thereafter, or,
2.3.10.2 Pay the Registry’s
registration fee or otherwise provide for the registration services to be continued.
2.3.11 In the event of 2.3.10.2 above you acknowledge that we may change the contact information in the Whois output for the expired domain name
so that you are no longer the listed registrant of the expired domain name. Safenames are not obliged to alert you that the domain name registration services are being continued.
2.3.12 Safenames will take all reasonable efforts to
notify you of the expiry of your domain but you bear the responsibly of all renewals and Safenames are not liable for any failure to request a renewal within the aforementioned time frame.
2.4 Your obligations and
representations
2.4.1 You must carefully check our notification of new registrations and inform us immediately if anything is incorrect. You must not take any action in reliance on ownership of the domain name until our notification.
2.4.2 You must supply accurate and reliable contact details including full name, address, email, telephone, fax and name of organisation contact for registrant and administrative and other contacts as well as nameservers and you must
and promptly correct and update those details.
2.4.3 Your:
2.4.3.1 wilful provision of inaccurate or unreliable information; or
2.4.3.2 wilful failure to promptly update information provided to us; or
2.4.3.3 failure
to respond for over 15 days to our enquiries concerning the accuracy of contact details;
Constitutes a material breach of this agreement and is a basis for cancellation of the relevant registrations.
2.4.4 If you
licence (i.e. rent) a domain name to someone else (“Licensee”), you remain responsible for your obligations under this agreement and for providing and updating full contact information sufficient to resolve any problems. You
accept liability for harm caused by wrongful use of the domain unless you promptly disclose the identity of the Licensee to a third party who provides you with reasonable evidence of actionable harm.
2.4.5 All Reseller
agreements are subject to the “RESELLER AGREEMENT”. Locatable at ( https://idp.safenames.com/static/docs/legal/reseller_agreement.doc ) It supersedes all prior agreements and representations (unless fraudulent).
2.4.6.
Should you utilise our Local Contact Service in the registration of a domain name, you are subject to the Local Contact Service Agreement Locatable at (https://idp.safenames.com/static/docs/legal/safenames_lc_agreement.doc), which
supersedes all prior agreements and representations (unless fraudulent).
2.4.7 Should you utilise the Company Formation Service in the registration of a domain name, you are subject to the Company Formation Service
Agreement locatable at (https://idp.safenames.com/static/docs/legal/safenames_cf_agreement.doc)
2.4.8 Should you utilise the Redirection Service provided by SafeAgent you are subject to the Redirection Service Agreement
locatable at (https://idp.safenames.com/static/docs/legal/redirection_service_agreement.doc)
2.4.9 Should you utilise the Your Whois Privacy Service, you are subject to the Your Whois Privacy Service Agreement. It supercedes
all prior agreements and representations Locatable at(https://idp.safenames.com/static/docs/legal/your_whois_privacy_agreement.doc)
2.4.10 You represent to us that to the best of your knowledge neither the registration of the domain
or the manner in which it is or will be directly or indirectly used infringes the legal rights of any third party and you agree that we are not responsible for ascertaining that the registration will be free of third party intellectual
property rights or third party claims.
2.4.11 Should you have any complaint concerning your service from Safenames please follow our Complaints Handling procedure Locatable at (https://idp.safenames.com/static/docs/legal/complaints_handling_procedure.pdf).
2.5 Local Administration Costs
2.5.1 The registration and renewal fees specified in our Costs Proposal may include Local Administration Costs which includes the local charge made by the registry for the particular domain name
(known as the “NIC fees”) or the NIC fees may be separately shown in addition to our own fees.
2.5.2 The NIC fees may be subject to change by the relevant Naming Authority without reference to us and you agree to pay the
actual NIC fees charged to us
2.5.3 You agree that we may pass on other charges incurred by us in addition to the NIC fees for example local agents fees, bank charges and courier fees
2.5.4 You recognise that the initial NIC
fees represent only the initial cost of registering a domain name and that continued use of the domain name is likely to expose you to further NIC fees
2.5.5 You agree to pay any NIC fees incurred by us notwithstanding your decision
not to proceed or if the registration is unsuccessful or discontinued
2.5.6 We are not liable for the actions of any Naming Authorities.
2.6 Incorporation of registry terms and conditions, rules and policies
You are bound by all present and future applicable terms and conditions, specifications, procedures, rules and policies of relevant Naming Authorities. Such documents are likely to be available on the relevant Naming Authority's website
(but we are happy to provide any on request or you may find most terms and conditions at
https://www.safenames.net/domain-names/domain-name-regulations). They include (without limitation):
+44 (0) 1908 200022
+1 703 574 5313 
