yMonda > Services > Domains > Domain Name Terms and Conditions

yMonda Limited provides Domain Name Registration subject to the following terms and conditions.

CONTRACT TERMINOLOGY
In this Agreement the following shall apply;
"The Supplier” shall mean yMonda limited United Kingdom.
"The Customer" shall mean the person, firm or company to whom the Supplier's acceptance of order shall be issued.
"Domain Name" shall mean an alphanumeric string that is registered to a Customer for the purpose of identifying and locating a web site.

SERVICE DESCRIPTION: As a Domain Name Registration service provider, the Supplier provides a Domain Name Registration Service on the behalf of the Customer. The Customer, by ordering Domain Name Registration services from the Supplier, states that it has the right to use the requested Domain Name and by requesting a Domain Name registration The Customer confirms to the Supplier that The Customer has that right.
CONDITIONS: The application for service constitutes a binding contract between The Supplier and the Customer and does not extend to any other person or entity. The Customer may not resell to third parties unless this is agreed in writing, and in either event is bound by the terms under this Agreement. Cancellations after the application is received will still hold the Customer responsible for costs incurred by the Supplier concerning the registration of any Domain Names requested. The Customer does not buy or own a Domain Name, a Domain Name is registered for the sole use of the Customer for the period of registration. If a Domain Name is not renewed then it may be registered and used by anther party. Acceptance of Domain Names is at the discretion of the Supplier. The Supplier may not accept a name for registration if:
   It is currently registered
   It is on the list of reserved words (this list is not available for public scrutiny)
   It is obscene or otherwise deemed to be unsuitable
The Customer agrees to give the Supplier and maintain their correct name, valid postal address, phone, fax and email address for communication and if any the Customers contact details change or becomes invalid then the Customer must inform the Supplier accordingly. If a Domain Name registration or renewal fails due to the Customer's failure to inform the Supplier of any change or failure of contact details then the Supplier shall not be held liable. The Customer agrees to respond promptly and correctly to any request from the Supplier to confirm or correct the Customer's contact details.
WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that The Supplier makes absolutely no warranties whatsoever express or implied. As a result, the Customer agrees that The Supplier shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. There is no guarantee that a Domain Name applied for has been entered on the Supplier's or Registrar’s database until The Customer receives confirmation of registration. The Customer are advised not to take any action in respect of the registration of the Domain Name before the Customer has received confirmation that registration is successful. The Supplier will use its reasonable endeavours to ensure the maintenance of Domain Name records and services. In no circumstances will the Supplier be liable for any consequential losses. The only liabilities accepted by the Supplier are those expressly specified in these terms and conditions.
INFORMATION: Any data or information received by the Customer from the utilisation of the service to be provided by The Supplier is at the Customer's sole and absolute risk. The Supplier specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
DOMAIN NAME REGISTRATION: If The Supplier registers a Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against The Supplier, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by The Supplier for any reason.
If first agreed in writing the Customer may register a Domain Name on behalf of a third party and The Customer may charge the third party according to The Customer own tariff for services. The Customer may not register a Domain Name without the permission and the knowledge of a third party and then attempt to sell it to them. Breach of this term will result in cancellation of the registration.
If The Customer registers a Domain Name on behalf of a third party the Supplier will first seek payment from The Customer, but if The Customer does not pay the fees for whatever reason the Supplier will have the right to recover the fees from the third party.
When The Customer registers a Domain Name on behalf of a third party, the third party will also be bound by the terms of this agreement and must be informed of the Terms and Conditions contained herein.
The initial registration is for two years from the date of application for registration except in the case of a Domain Name registration being included with the Suppliers web site hosting in which case it is deemed to be for one year only and renewable with the web site hosting agreement. If for any reason the web site hosting is canceled the Supplier reserves the right to charge for any Domain name registration period remaining after the web site hosting has ended. Thereafter, the registration may be renewed for further periods.
The Customer may surrender the registration of the Domain Name by notice in writing to the Supplier.
Domain Names are registered on a first come, first served basis.
PAYMENT: The Domain Name Registration fee is due at the time of registration. Subsequent payments are due at the end of the registration period. Domain Name renewal will be billed a minimum of one (1) month in advance.. Once the Domain Name has been registered or renewed no refund will be payable by the Supplier. Payment must be made within the period stated on the invoice for the Domain Name, or the service will be discontinued. The Supplier reserves the right to charge for resumption of Domain Name service. No refunds will be paid by the Supplier.
UNILATERAL SERVICE REVOCATION: In the event that The Supplier may at any time believe that the service is being utilised for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, The Supplier may immediately discontinue such service to the Customer without liability. The Supplier may cancel the registration or suspend the name service of a Domain Name in exceptional circumstances such as the application of the order of a Court, the use of the Domain Name for illegal purposes or where a Domain Name could cause technical problems on the Internet. In the event that the Customer fails to pay for Domain Name Registration or renewal when payment falls due, The Supplier shall be entitled to unilaterally terminate this Agreement and/or discontinue the service until payment is made. Accounts terminated for non-payment will be charged The Supplier's standard Domain Name Registration fee in order to re-establish service. If the Supplier does not receive payment the Domain Name will be deleted from the relevant Registrar’s database and may be made available for registration to the public.
INDEMNIFICATION: The Customer shall indemnify and hold harmless The Supplier from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against The Supplier on the grounds that the Domain Name violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous. By registering a Domain Name The Customer agrees to keep the Supplier fully and effectively indemnified at all times and indemnify the Supplier accordingly against all costs, claims, liabilities actions and expenses arising directly or indirectly through The Customer's choice and use of the Domain Name or by any breach by The Customer of their obligations contained herein.
CHANGES IN TERMS OF AGREEMENT: The Supplier reserves the right to make changes to the Terms and Conditions of this service upon fifteen (15) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilisation of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
If the registrant of a Domain Name changes, the Supplier reserves the right to charge for the transfer to the new registrant including but not limited to any charges imposed by the relevant Registrar.
If the Customer wishes to transfer the Domain Name registration to another Domain Name registration provider the Supplier will endeavour to expedite this transfer subject to receiving a written request from the registrant, which in the case of a company should be provided on their letter-headed paper and subject to all outstanding fees being paid. The Supplier reserves the right to charge for any services carried out in relation to any transfer of Domain Names.
ENTIRE POLICY AND UNDERSTANDING: This statement and the application for Domain Name registration constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of The Supplier's Domain Name registration services.
PROPER LAW: These conditions and the contract between the parties shall be construed and applied in accordance with the law of England and the English Courts shall have sole jurisdiction in any dispute relating thereto.
SUPERIOR CONTRACT: In agreeing to this contract the Customer is also bound by and therefore must agree to the Superior Contract with the Domain Name Registrar through which the Supplier registers the Domain Name.
For Domain Names ending in.com, .org, .net and .info except Domain Names registered through CentralNic the Terms and Conditions are available on: http://www.melbourneit.com.au
For Domain Names ending in .uk except those Domain Names ending in.gov.uk, .mod.uk, .nhs.uk and .police.uk the Terms and Conditions are on: http://www.nominet.org.uk
For Domain Names ending in.gov.uk the Terms and Conditions are on:
http://www.cabinetoffice.gov.uk
For Domain Names ending in .uk.com, .uk.net, .us.com, .la, .cn.com, .de.com, .jpn.com, .kr.com, .no.com, .za.com, .br.com, .ru.com, .sa.com, .se.com, .se.net, .hu.com, .gb.com, .gb.net, .qc.com, .uy.com and .ae.org the Terms and Conditions are on:
http://www.centralnic.com
HEADINGS: All headings are for ease of reference only and shall not affect the construction of this contract.