| Terms and Conditions |
1. Domain Name RegistrationIrish Domains Limited offer domain registration services whereby the collection of information about a domain application, the filing of the application itself, and the payment of applicable registry fees is performed by us on behalf of the registrant (you). The actual registration itself is in most cases performed by the appropriate top-level authority or registrar which may vary depending on which top-level domain is selected. The precise rules and regulations for registration will also vary. 1a. Irish RegistrationsIrish Registrations are performed by IE Domain Registry Ltd (IEDR) who act as naming authority as a public service neutrally and in good faith subject to the following conditions:
There are a number of restrictions on allowable .ie domain names as well as the general requirement for a real and substantive connection with Ireland. Depending on the class of applicant and the category of domain name, supporting documentation is often required. Please read the following documents carefully... IE Naming and Registration Policy In the case of all .ie domain name registrations, additional supporting documentation is required to validate your claim to a domain name. Applications for .ie domain names must be completed within 28 days of the initial order, otherwise the IE Domain registry will cancel the pending application and make the domain name available for registration by other parties. For some registration types, information such as company, registered business name or trakemark numbers may be submitted at the time of application and this may be sufficient to complete the registration. For most other registrations you are required to submit additional documents or other background information in order to complete the registration. You must respond swiftly to such requests by us in order to allow us to complete your application in a timely fashion. Note regarding multi-year .ie registrations: For technical reasons, we cannot currently offer a proper multiple year registration facility for .ie domains, however we do still allow you to pay a discounted rate for multiple year .ie registrations, where we undertake to renew the domain name with the registry each year for a specified period of up to five years. It is important to note that if the domain name is deleted or transferred to another billing contact during this period, the unused time cannot be refunded. 1b. International RegistrationsInternational Registrations in the .com, .net, .org, .biz and .info top-level domains are performed through various ICANN accredited registrars. There are fewer restrictions on what names can be registered, or on who can register them. It is a condition of registration that you read and are bound by the uniform dispute resolution policy (URDP). Please read the UDRP document carefully... Uniform Dispute Resolution Policy (UDRP) 1c. UK RegistrationsRegistrations of .co.uk and .org.uk domain names are performed directly through Nominet, the UK naming authority. There are few restrictions on what can be registered. It is a condition of registration that you read and are bound by Nominet's terms and conditions. Nominet also operate a dispute resolution service (DRS) which you agree to use in the event of any dispute arising. UK domain names can only be registered or renewed for two year periods. Please read the details of Nominet's terms and dispute resolution service ... Nominet Terms & Conditions 1d. EU RegistrationsRegistrations of .eu domain names are performed by Irish Domains, a .eu accredited registrar through the .eu naming authority EURid. There are few restrictions on what can be registered as long as the applicant meets the basic eligibility requirements:
It is a condition of registration that you read and agree to the EU standard registration policy, and the dispute resolution policy (ADR) which you agree to use in the event of any dispute arising. Please read the details of EU terms and dispute resolution service ... EU Standard Registration Policy 1e. All RegistrationsThe terms and conditions of domain names will vary according to the rules, regulations and policies of the applicable top-level domain registry, registrar or governing body. We may perform sich registrations directly with the top-level domain registry, or through other registrars or subcontractors as we see fit. It is the responsibility of the registrant to understand and ensure compliance with any or all policies that pertain to their domain name registration, whether notified to them by Irish Domains, or not. Domain namess may be registered for such periods as allowed by the applicable top-level registry or our subcontractor. It is a condition of registration that you agree to abide by any applicable dispute resolution mechanism that pertains to the domain name in question. 2. Third Party DisputesIrish Domains Limited act solely as an intermediary in the registration process and it is a condition of registration that you agree to be bound by any and all applicable dispute policies and other regulations required by the top-level registry. When requested by a court or other appropriate authority, Irish Domains Ltd or the top-level registrars may terminate or suspend domain name or hosting services. In this situation, fees are still payable by the current registrant until the dispute is resolved. It is a condition of registration that the registrant (you) agree to defend, indemnify and hold harmless Irish Domains Ltd and its servants or agents, against any loss, damage, liability, claim or expense resulting from a claim or claims asserted by a third party regarding ownership of or right to use the domain name in question. 3. Domain Name TransfersDomain transfers allow you to move your domain registration from one provider to another. Domain transfers may only be initiated by the domain holder or their appointed administrative contact. If you submit a domain transfer on our website, you are asserting that you are the registrant of the domain in question, or that you have permission from the registrant to effect the transfer. In general, you will have to authorize the transfer before it takes place. Depending on the top level domain in question, you may need to submit a faxed authorization request, provide a domain authorization code (EPP key), unlock your domain for transfer, access an online authorization system, or a combination of these. You are required to submit any required information or perform any required authorization actions promptly in order to effect transfer of the domain name. Please note that a non-refund policy applies to domain transfers to prevent abuse (however we will resubmit free of charge failed transfers upon request if your transfer fails to complete for a valid reason), please see our refund policy below for more details. Please note that some domains cannot be transferred within a specific period of time of initial registration or of a previous transfer. For example, .com, net, .org and most other gTLD's cannot be transferred within 60 days of registration or of a previous transfer. Irish (.ie) domain names also cannot be transferred within a certain period of time after registration or previous transfer. In the case of .ie domain names, this can be a variable period of time depending on the registry billing cycle for that domain (denoted by the status LOCKED on the registry whois) but is typically about 60 days. Other domains may have similar restrictions imposed by the relevant registry or governing body. 4. Domain Search FacilityIrish Domains Limited provide a domain search facility which may be used to check if a particular domain name is already registered. This facility is provided for purposes of elimination only and does not indicate that a particular domain name will be available for registration, or that such a registration will be successful. The results returned by this facility are generated from information outside the control of Irish Domains and which may be maintained and/or controlled by third parties. You accept that this information may be outdated and/or inaccurate and that no liability whatsoever attaches to Irish Domains Ltd in respect of any loss or damage caused by the use of or reliance upon this information. 5. Free Domain ParkingWhen you register a domain name with Irish Domains Ltd, we may provide a free domain parking subscription for such period of time as the registration is maintained with us. This parking subscription provides DNS management capability, and a publically viewable domain parking web reservation page so that you can verify that the domain is working. Irish Domains or its agents, partners or subscontractors may display product information or third party advertising on this page. Such advertising may be generated by automated systems based on the words contained in the domain. Irish Domains may not be aware of, nor have direct control of the advertising content displayed on your domain name. It is a condition of use of the domain parking pacility that you consent to such advertising being displayed on your domain, however you may at any time elect to remove or disable domain parking from your domain(s) using the control panel or by contacting us. Free domain parking may not be used in conjunction with domains not registered with Irish Domains without explicit written permission. 6. Placing OrdersNew orders may be taken online, by phone, by fax or postal application, by voucher exchange or via other methods as we may elect to use from time to time. Online orders may be placed using our website www.irishdomains.com. Nothing on our website or our online ordering system constitutes an offer for contract, or indicates that we will necessarily be able to fulfill the order, it should be construed as an offer to treat only. There are many reasons why it may not be possible to fulfill a particular order (including but not limited to: unavailability of a domain name, registration policies, pricing errors, technical errors etc.). The online order form will collect details about you and your application, and you may also be able to make payment via credit card. When your order is placed, an email will be sent to the email address you specify confirming receipt of the order. The indication that an order (received online or via any other method) has been placed and receipt of order acknowledgement emails are purely for informational purposes, and do not constitute an acceptance of the order. When your order is subsequently processed, we will send an email in respect of each domain name, hosting account or other product that is successfully provisioned. Should we be unable to provide any service ordered, we will naturally credit your account with any payment taken in respect of those individual services that were not provisioned. Please note that domain registrations in particular may not be performed in real time, so we cannot guarantee that any or all registrations will be successful until such time as they are processed and completed and your contact details appear on the relevant whois service for the top-level domain in question. In the case of .ie and other managed top-level domains, you may have to conform to specific registration policies and provide adequate supporting documentation to support your application. Please note that a non-refund policy applies to domain registrations and transfers that could not be completed because of a failure to provide authorization or correct supporting information, see our refund policy below for full details. It is a condition of all services that you agree to and abide by our acceptable usage policy (http://www.irishdomains.com/acceptable-use). 7. Payments and RenewalsIn the case of an Irish (.ie) or European (.eu) domain registration, the minimum registration period is one year, with renewals on an annual basis thereafter. For International domains (.com, .net, .org, .biz and .info) registrations may be for between one and ten years. UK domain registrations are always for a fixed period of two years, with renewals bi-annually thereafter. Hosting renewals are usually for 1-3 years but may also be quarterly or monthly. In all cases, the application must be accompanied by payment for the minimum registration period. An invoice will be sent by email to the account billing contact once payment has been receivedand the service has been provisioned. VAT at the prevailing rate (currently 21%) will be charged on all invoiced amounts unless you are outside the EU or you are in another EU country and have supplied us in advance with a valid VAT number. Please note that domain registration fees are not refundable once the domain has been registered or renewed. If a domain cannot be registered or renewed through no fault of yours, your fee will be refunded in full, or applied to another registration if you so choose (please see exceptions below for domain transfers and new .ie domain registrations). When you register a domain or purchase web hosting or other service from Irish Domains, then your subscription will be configured to renew automatically a number of days before the service is due to expire. If not specified otherwise, the automatic renewal date is 10 days before the service is due to expire. On that date, a renewal order will be generated, and if you have a valid credit card on our system this will be charged and your subscription renewed for that period. At any time before the renewal date you may log on to your account to add or remove credit card information, or to set or unset the renewal status of any domain or subscription. For subscriptions that are set to auto-renew, you will receive a reminder notice 30 days before the expiry of the domain or subscription. This will be sent to the billing contact email address on record in your control panel. You will receive a further reminder 15 days before expiry. At any time up before the automatic renewal date, you may choose to cancel or downgrade your subscription, to renew for a longer or shorter period, or to remove the auto-renew setting on your domain. For subscriptions that are not set to auto-renew, reminders will be sent 60, 30 and 15 days before subscription expiry, as well as on the expiry date. To renew such a subscription you should log on to your control panel and select 'Renew' on the item in question. Again, before renewing you should ensure there is a valid credit card on your accout or that you have agreed credit terms and are within your authorized credit limit. Renewal invoices are generated automatically when the domain or service is actually renewed. A PDF copy of the invoice will be emailed to the billing contact on your account. Postal invoices are not normally sent. If payment is not received by the expiry date, Irish Domains Ltd reserve the right to suspend or terminate services - but please be assured that we will make every effort to contact you and avoid this happening. Renewal of domain names can not be guaranteed after the expiry date. Some top-level domains will incur additional fees for reactivation once they have expired. This includes .eu (late renewal fee of €25 applies after the renewal date) and the International domains (late renewal fee of up to €160 applies approximately one month after the renewal date). From time to time, we may make domain names or other services available on our website for registration at discounted or promotional prices, or with free time added. The availability and applicability of such promotions may vary. In some instances, customer quotas or other eligibility criteria may be imposed. In other cases, the promotional price may be available only when purchased with another product or service. Once the promotional period has ended, the service will be renewed at the currently displayed renewal rate for that product on our website. Please note also that depending on the domain involved, the customer may be required to assist in the renewal process of domain names - this may involve responding to an acknowledgement email, or transmission of faxed information to a registrar, registry or other body. This is most often required in the event of late renewals, transfers from quarantine, or where the original registration was not performed directly by Irish Domains or its current registration partners, but may also be required to correct current registrant/contact information. 8. Expiration of Domain NamesImmediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or 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. Reactivation Period 9. Refund PolicyEU Distance Selling Directive In accordance with the EU distance selling directives, a consumer has the right to cancel with full refund any new services purchased from Irish Domains Ltd within 7 days of us acknowledging your order or of us commencing to provide the requested service (whichever is the later). An exception to this is in the case of completed domain name registrations (including mis-spellings) where the domain requested by you has already been registered on your behalf, or issued SSL Certificates where your domain or server name is encoded. Domain names and SSL certificates are considered 'customized' services as they cannot be undone or reused by others, so the fees are non-refundable in this instance. If we fail to provide a requested service within 30 days of receiving your order and payment, you are also entitled to cancel the order for this service and obtain a full refund, provided always that such delay was not caused by us waiting for information from you required to fulfill the order (for example, in the case of .ie registrations or SSL certificates where additional information or supporting documentation may be required). General Refund Policy In general, you are entitled to a full refund within 30 days of placing your order where a provided service differs materially from that described on our website, where a delivered service cannot be supplied because of technical fault or unavailability, or where the provided service is obviously unfit for its generally accepted purpose. Please note that we cannot guarantee compatibility of our services and systems with any or all third party applications or services, so the refund policy does not apply to such cases unless we have confirmed compatibility in advance with a specific application. Non-refund policy for managed domain names Please note that an exception to the refund policy applies to .ie and similar managed domain names as the applicant is usually required to demonstrate a valid claim on the domain name being sought and to provide supporting documentation to support this claim. The onus is on the applicant before applying for such a domain name to ensure that they can provide the required supporting documentation to substantiate their claim on or entitlement to the domain. If you do not prove your claim to the domain name within 28 days, the registration authority (IEDR for .ie domain names) will cancel the application, the domain will be generally available for registration. If this happens, we will invoice and charge you for the service as if it had been provided as ordered, but you will be entitled within six months of the original order date, to apply free of charge for the same (if available) or an alternative similar domain name for the same period of validity as originally paid for, subject again to the documentary requirements. Non-refund policy for domain transfers Because of the potential for abuse, and the fact that additional action or information is usually required to effect a transfer, we do not allow refund of domain transfer fees. We will resubmit genuine domain transfers where required to allow completion. If the transfer cannot be effected with six weeks because of incorrect information, authorization failure, or other reason beyond our control, we will invoice and charge you for the service as if it had been provided as ordered. In this event, you will be entitled within six months of the original order date, to apply free of charge for transfer of the same or an alternative domain name in the same top-level domain. 10. Reselling of ServicesIrish Domains services may not be resold to third parties without prior authorization, however we do have a reseller programme for many of our services in which you may wish to participate. Resold services are usually provided to you at a discount which will vary with volume. As a reseller, you must provide direct support to your customer, and bill them for the services at a price that you decide. All domain names registered by you on behalf of your customers MUST be registered with the name and address of that customer in the domain holder and administrative contact fields. Although Irish Domains will not normally contact your customer directly except in the case of non-renewing domains, it is possible that the customer may instead contact us. It is our policy to refer all enquiries by your clients back to you. In some exceptional circumstances it may be necessary for us to take instructions directly from the client, the most typical examples being: 1) They have an urgent outage and were not able to contact you directly. 11. Security and Disaster RecoveryIrish Domains have a policy of ensuring that all servers are continually patched and updated with the latest operating system and application software to minimise risk of attack or intrusion from outside our network. Wherever possible, advance notice of major software updates and patches and their implications on service availability will be posted on the service page on our website. However, we reserve the right to implement security updates without notice where significant vulnerabilities or risks are identified. Service outages resulting from announced or unannounced security updates are specifically excluded from contracted service level agreements. Irish Domains take and maintain regular backups of system software and customer data (including web site content and stored email messages) for the purposes of disaster recovery and service continuity. Backup and archive tools are also made available to the customer for the purpose of archiving website content. Notwithstanding this, it is the sole responsibility of the customer to ensure the integrity and safety of their data by maintaining off-network backups. 12. Limitation of LiabilityYOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SERVICES PROVIDED BY IRISH DOMAINS LTD OR ITS PARTNERS OR SUBCONTRACTORS IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT IRISH DOMAINS LTD WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (b) USE OF OR INABILITY TO USE THE SERVICE(S), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME), (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND IRISH DOMAINS LTD'S AND SUBCONTRACTOR'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR IRISH DOMAINS LTD POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY, ACCEPTABLE USE POLICY, OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES), (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (n) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT IRISH DOMAINS LTD OR ITS PARTNERS OR SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IRISH DOMAINS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IRISH DOMAINS LTD'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED EURO (€500.00). IN THE EVENT OF ANY OF THE FORGOING LIMITATIONS OF LIABILITY NOT BEING ALLOWED IN YOUR COUNTRY, IRISH DOMAINS LTD'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13. IndemnificationYOU AGREE TO defend, indemnify and hold harmless Irish Domains Ltd, its subsidiaries, affiliates, officers, directors, agents, partners, SUBCONTRACTORS, employees and legal representatives for any loss, liabilities, damages, costs or expenses, including reasonable legal fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. 14. ComplaintsIn the event of a complaint arising with regard to any aspect of our service, we would ask that in the first instance, you use the appropriate email contact within our organisation (as indicated on our contact page) to discuss the matter. If this does not resolve things to your satisfaction, please put your complaint in writing to "The Managing Director, Irish Domains Ltd, 15 Joyce's Court, Talbot Street, Dublin 1, Ireland". As a member of ISPAI and www.hotline.ie, Irish Domains are bound by the ISPAI Code of Practice & Ethics. This affords you a formal complaint mechanism if you feel that our service or site content has breached that code. A copy of the code is available for download here.
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