Terms and Conditions

1. Dynamis Terms and Conditions

2. Terms and Conditions of Domain Name Registration

3. Domain Dispute

If you need to make a complaint please contact us here

1

Dynamis' Terms & Conditions

BusinessesForSale.com is a website that is owned, operated and a trading style of "Dynamis".

"Dynamis" includes Dynamis Ltd and Dynamis APAC Pty Ltd.

Dynamis Ltd is registered in the United Kingdom.

Address: Dynamis House, Sycamore Street, London, EC1Y 0SW.

Our company number is 03788210 and VAT number is 747791385.

Dynamis APAC Pty Ltd, a wholly owned subsidiary company of Dynamis Ltd, is registered in Australia.

Address: Level 33, Australia Square, 264 George Street, Sydney NSW 2000, Australia. ABN: 68 167 647 850.

All customers based in the Asia Pacific (APAC) region are looked after by our Australian office. See the full list of APAC countries.

This website is operated and hosted in England, UK. All data is collected, processed and stored securely in the UK.

Before using this website you should carefully read the following terms and conditions which govern the use of this website. If you do not agree to these terms and conditions please do not use this website.

Furthermore, if you wish to buy or sell businesses via this website, you will have to agree to be bound by the additional Buyer's Terms and/or Seller's Terms (set out below).

This website has been designed so that businesses, business ideas and/or franchises can be advertised for sale via this website. You should only contact a party advertising on this website if you have a genuine interest in purchasing the item being offered, you should not contact any person for any other purpose such as offering your or any third party's goods or services or otherwise seeking to solicit business in any way.

Disclaimer

Dynamis accepts no responsibility for any loss or damage you may suffer as a result or your use of this website unless that loss comes about as a result of some fraud or serious misconduct on the part of Dynamis.

Dynamis does not conduct any investigations or due diligence into any parties advertising on this website and can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this website. In addition, any advertisements on the website do not constitute a binding offer so that acceptance by the user can bind the party advertising on the website or Dynamis.

Personal Data

From time to time, Dynamis collects stores and uses personal information collected from visitors to this website. All processing of personal information is done in accordance with current UK Data Protection legislation. Please read Dynamis' Privacy Policy for details of Dynamis' collection and use of personal data and your access and correction rights to any data held about you.

Hypertext and Cookies

Where this website is linked to any website operated by any third party Dynamis accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website. The presence of a link on our website shall not be deemed to be a recommendation or endorsement of such website by Dynamis.

You may create your own reference to this website, provided that your reference is in a text-only format. You may not use any link to this website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and any of the Dynamis companies (including, for the avoidance of doubt, www.businessesforsale.com), and agree that no such link shall portray us or any Dynamis company (or our or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. We reserve the right to withdraw permission to use our links at any time.

BusinessesForSale.com uses cookies. Please read our Cookie Policy and Privacy Policy for further details.

Intellectual Property Rights

All intellectual property rights contained in and pertaining to this website, including any trademarks used on this website, copyright in any material and rights in any data contained on this website are owned by or licensed to Dynamis. You are not given any right to use any intellectual property rights contained in or pertaining to this website otherwise than as expressly permitted in these terms and conditions. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on this website (in whole or in part) is strictly prohibited other than with the prior written consent of Dynamis.

Infringement and Indemnity

As a condition of your use of this website, you agree not to upload or post any material that infringes the copyright, trade mark or other intellectual property rights of any third party.

We reserve the right to remove any material you upload or post onto this website if, in our opinion, such material infringes or is likely to infringe the copyright, trade mark or other intellectual property rights of any third party.

We will not be responsible or liable to you for the content or accuracy of any material uploaded or posted by any other user of this website.

You hereby agree to indemnify Dynamis (who shall have no duty to mitigate its loss) in full and on demand and keep it so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Dynamis and whether wholly or in part resulting directly or indirectly from any claim that the content of any material uploaded or posted onto this website infringes the copyright, trade mark or other intellectual property rights of any third party.

If you believe that the content of any material uploaded or posted onto this website infringes your intellectual property rights, please notify us at the postal address above.

Barring From This Website

We reserve the right to bar users from this website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this website under any other name or through any other user.

Sellers Terms

Before advertising the sale of a business or franchise on this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not advertise the sale of a business on this website.

  1. This website is for the sale of entire businesses and/or business franchises. Dynamis is not regulated by the Financial Services Authority or any other regulatory body and you are strictly prohibited from offering any form of shares, bonds, securities, collective investment schemes or anything similar via this website. Please contact Dynamis at the postal address above if you are in any doubt as to whether you can advertise on this website.
  2. Dynamis provides this website which gives you the opportunity to advertise the sale of your business or franchise. Dynamis does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website, or into the legitimacy of any statements made on the website. Dynamis strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
  3. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way or who contacts you for any other purpose than to negotiate the purchase of the item you have advertised (such as sale of its services), you will contact Dynamis at Dynamis House, 6-8 Sycamore Street, London EC1Y 0SW or email our customer services team forthwith setting out full details.
  4. You warrant that the content of the advertisement you place on the website will be true and accurate and hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website, including, but not limited to, arising out of your obligations under any regulation or legislation relevant to the country in which your listing is added.
  5. Dynamis reserves the right to refuse to upload any business listing if we, in our reasonable opinion, consider such listing to be improper, fraudulent or otherwise not bona fide.
  6. Dynamis reserves the right to edit any business listing if we, in our reasonable opinion, believe such editing will improve the quality of the website. Dynamis does not allow the display of a seller's contact details within a business listing. All buyer messages will be delivered to sellers via the website. Dynamis reserves the right to edit listings and remove any contact details included.
  7. The decision where to place a listing within the index of business categories shall be at the sole discretion of Dynamis.

Additional Terms for Brokers/Intermediaries

  1. A broker or intermediary account only allows the advertising of business listings represented by that broker. The account is not to be re-sold or shared with any other broker or business listing website.
    In addition the private advertising package is not to be resold by any broker without explicit permission from BusinessesForSale.com.
  2. If you are selling a business or franchise in the capacity of a broker, agent or any other form of intermediary so that you are not selling in your personal capacity you must register as an intermediary on the website.
  3. You warrant that you have the full authority and permission to advertise the business or franchise on the website FROM THE DIRECT OWNER and in particular that you have not advertised a business or franchise by simply taking it off a third party intermediary or broker without the permission of the owner.
  4. Where Dynamis hosts, manages or develops a broker, agent or intermediary's website, Dynamis gives you no rights of ownership to the software used in relation to these websites. You agree that you will not copy, de-compile, disassemble or reverse-engineer any software used in connection with the websites save to the extent permitted by law. Dynamis retains the copyright of this website and for any information that we provide to you for use on your website. Dynamis also retains the right to use data collected on these websites in order to provide its advertising service to brokers, intermediaries, agents, buyers and sellers and any other advertiser or person that may use its service. All processing of personal information is done in accordance with UK Data Protection legislation. Please read Dynamis' Privacy Policy for details of Dynamis' collection and use of personal data and your access and correction rights to any data held about you.

Buyer's Terms

Before contacting a seller of a business through this website you should carefully read the Terms and Conditions and in particular the Disclaimer as well as the following terms. If you do not agree to be bound by all of these, you should not contact a seller regarding the purchase of a business on this website.

  1. Dynamis provides this website which gives you the opportunity to purchase businesses or franchises by contacting persons who advertise on this website. Dynamis does not carry out any investigations or due diligence into the buyers, sellers or brokers who use this website. Dynamis strongly recommends that you make every effort to check and verify offers personally or through your professional advisers/agents.
  2. If you are contacted by a third party through your use of this website who appears to be non bona-fide or who acts dishonestly or incorrectly in any way, you will contact Dynamis at Dynamis House, 6-8 Sycamore Street, London EC1Y 0SW, or email our customer services team forthwith setting out full details.
  3. You hereby agree to indemnify Dynamis against all claims, demands, actions, proceedings, costs, losses, expenses or damages it may incur howsoever arising whether direct, indirect or consequential as a result of your use of this website.

Payments and Refunds

  1. Subscription fees are paid in advance and our services begin once payment has been received.
  2. Dynamis requires payments for services by credit or debit card unless otherwise agreed in advance. Dynamis will charge you in British Pounds Sterling, Australian Dollars, Canadian Dollars, Euros, New Zealand Dollars, US Dollars or South African Rand depending on the service and your country of residence. You may also have to pay any applicable local taxes.
  3. Your bank may also apply a fee for an international payment. These fees are exclusively related to your bank. Dynamis does not apply any extra charge for the international payment. If you have been charged any additional unexpected fees, please contact your bank in order to get more information.
  4. Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, we regret that it will be necessary to suspend your subscription and listing(s) until you provide us with details of a valid payment card. You can do this by contacting customer services or by updating your card details stored securely in your account. You will still be liable for any outstanding payments that could not be met when your account was suspended.
  5. You are able to end your subscription by contacting your account manager (if you have one), following the cancellation links in your account or contacting our customer services team. To avoid being charged monthly subscriptions or advertising fees, Dynamis must receive your cancellation notice one week in advance of your subscription renewal date.
  6. Refund requests are reviewed on a case by case basis and issued at Dynamis’ discretion.

If you are unhappy with our service or you are not using your account you may be eligible for a refund. If you simply change your mind, you may not.

Forum Terms and Conditions

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International law, United States Federal law or the laws of the United Kingdom.

No web links or email addresses may be posted in this forum.

You also agree not to post any material in which you do not own the copyright, or you do not have a licence or other written consent from the owner to use such copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

You agree that it is impossible for the staff, webmaster, administrator, moderators or Dynamis, the owners of this forum to confirm the validity of posts. While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is accepted we do not actively monitor the posted messages, and as such, are not responsible for the content contained within.

Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or Dynamis.

Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. Dynamis reserves the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.

You remain solely responsible for the content of any message posted on this forum and agree to indemnify and hold harmless Dynamis, the owners of this forum, any related websites to this forum, its staff, and its subsidiaries against all claims, demands, actions, proceedings, costs, losses, expenses or damages they may incur howsoever arising whether direct, indirect or consequential as a result of your use of this forum.

Dynamis also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are registered and you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to never use another person's account for any reason. We also recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to complete your profile. It is your responsibility to present clean and accurate information. Any information that Dynamis, the administrator, moderator or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that this forum systems uses cookie software, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.



Dynamis APAC

The following countires in the Asia Pacific (APAC) region are looked after by our Australian office.

  • American Samoa
  • Australia
  • Brunei Darussalam
  • Cambodia
  • China
  • Christmas Island
  • Cocos (Keeling) Island
  • Cook Islands
  • East Timor
  • Fiji
  • French Polynesia
  • Guam
  • Indonesia
  • Japan
  • Lao People's Democratic Republic
  • Malaysia
  • Marshall Islands
  • North Korea
  • Federated States of Micronesia
  • Myanmar
  • Nauru
  • New Caledonia
  • New Zealand
  • Niue
  • Norfolk Island
  • Northern Mariana Islands
  • Palau
  • Papua New Guinea
  • Philippines
  • Pitcairn Island
  • Samoa
  • Singapore
  • Solomon Islands
  • South Korea
  • Taiwan
  • Thailand
  • Tokelau Islands
  • Tonga
  • Tuvalu
  • Vanuatu
  • Vietnam
  • Wallis and Futuna

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Terms and Conditions of Domain Name Registration

Last Updated: 01/03/2016

These conditions apply to all domain names administered by Nominet, and registrars are required to make their customers aware of them prior to registration of a .UK domain.

1. Definitions and interpretation

In these conditions, the following words have the following meanings:

‘cancel’ – Cancelling your domain name means that it will be deleted from the register, will therefore not work as part of a website or email, and may be released for re-registration on a first come, first served basis.

‘consumer' – Any natural person who is acting for purposes which are not business related.

‘correct’ – This means that the contact information you or your registrar provide us with must be good enough to allow us to contact you quickly at any reasonable time, must not be deceptive, and must clearly identify you.

‘data protection legislation’ – The Data Protection Act 1998 implementing the Directive 95/46/EC on the protection of individuals with regard to the processing of Personal Data, the Privacy and Electronic Communication (EU Directive) Regulations 2003 and all current and subsequent applicable laws relating to the processing of personal data and privacy including where applicable the guidance and codes of practice issued by the Information Commissioner.

‘domain name’ – An internet domain name ending in .uk operated by us.

‘DRS policy and procedure’ – The policy and procedure of our dispute resolution service.

‘fees schedule’ – The fees that we charge for the services we provide, which is set out in full on our website.

‘good industry practice’ – The exercise of skill and diligence which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the provision of a domain name registry.

‘personal data’ – Has the meaning given in the data protection legislation.

‘proscribed’ – That the domain name in our sole discretion would on the face of it (i) tend to indicate, comprise or promote a serious sexual offence and (ii) that there is no legitimate use of the domain name which could be reasonably contemplated.

‘register’ – Our database of the domain names ending .uk that we administer.

‘registrar’ – An agent who acts on your behalf in the registration, renewal and other general administration of a domain name and to whom we allow access to our automated systems and the register.

‘rules’ – Our rules which explain which domain names can be registered in .uk and which cannot.

‘Searchable WHOIS’ – A service we provide under contract which provides the facility to search WHOIS data by registrant or for domain names where a particular string of characters appear in the domain name.

‘special status’ – Various special states your domain name may be in, such as suspended due to breach of these conditions, or blocked from transfer or deletion due to the operation of the DRS Policy and Procedure or legal dispute. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself may not work.

‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859).

‘WHOIS’ – A free service we provide which allows members of the public to check whether a domain name exists and if so, provides further details such as the registrant and registrar, creation date, name servers and, subject to our WHOIS Address Opt Out Policy, a contact address.

‘you’, ‘your’ – The person who is entered into the register as the responsible person for the domain name and who will be listed on the WHOIS.

2. What we will do

We will:

  1. process your application to register or renew a domain name in accordance with the rules;
  2. maintain overall ownership, control and responsibility for the register;
  3. make changes to the register in accordance with your instructions to transfer or cancel your domain name or to change registrar; and
  4. provide the technical operation of the name servers for the .uk domain names we operate and make entries in the appropriate zone file to delegate your domain name in accordance with good industry practice.

3. What you must do

You must:

  1. pay us directly or via your registrar the appropriate transaction fee in accordance with our fees schedule from time to time;
  2. give and keep us notified of your correct name, postal address, phone and email contact information. This includes responding quickly to any request from us to confirm or correct the information on the register; and
  3. notify us promptly about any legal proceedings which involve your domain name.

4. Security and registrars

  1. We do not have to take any action, or make any changes to the register, until we are satisfied that we have received a valid request from you.
  2. We will be entitled to assume that any action requested using your identification code and password has been submitted by you or by someone authorised by you.
  3. You must keep any user identification code, password or other piece of information used as part of our security procedures confidential. We have the right to disable any user identification code or password, at any time, if in our opinion our security procedures have been compromised.
  4. Your registrar acts on your behalf in registering and maintaining the registration of your domain name so that any communication to or from your registrar is taken as being to or from you. You should always contact your registrar first with any request or question about your domain name or changes to it.

5. Non payment

  1. We do not have to start any process until we have received the correct fee for that process.
  2. We may cancel your domain name without further notice if any debt relating to your domain name remains unpaid after the due date for payment.
  3. We will not provide credit notes or refunds unless we have made a significant mistake or condition 11.5 applies.

6. Your promises and indemnity

1. By registering your domain name you promise that:

  1. you (or your registrar) have the permission of any person whose personal data is to be held on the register in line with condition 8;
  2. any identity and contact information you (either yourself or through your registrar) send us is correct and kept up to date;
  3. by registering or using your domain name in any way, you will not infringe the intellectual property rights (for example, trade marks) of anyone else;
  4. the alphanumeric characters which constitute the domain name are not proscribed; and
  5. that you will not use the domain name for any unlawful purpose.

2. Unless you are a consumer, you will pay us any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 6.1.

3. Our right to rely on the promises in condition 6.1 and indemnity in condition 6.2 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name.


7. Nature of domain names and the register

A domain name is not an item of property and has no ‘owner’. As a result:

  1. we will not be bound by, or record on the register, any mortgage-related obligations;
  2. we own and keep all copyright and database rights in the register.

8. Personal data

1. We will make your personal data available in the following ways, but not release it for any other purpose to any other person.

2. We will:

  1. include it on the register;
  2. include it on the WHOIS and Searchable WHOIS. You may be able to opt out of address publication in accordance with our WHOIS Address Opt Out policy;
  3. give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the data protection legislation), including law enforcement agencies;
  4. give your personal data to your current or proposed registrar (or both); and
  5. use it as set out in the DRS policy and procedure.

3. You may write to us to ask for a copy of the personal data we hold about you or you can ask your registrar.

4. By registering a domain name with us you agree to us using your personal data as set out in these conditions.


9. The dispute resolution service

1. You agree to be bound by the DRS policy and procedure.

2. We (including in this case our directors, officers, staff of all types and any DRS expert) will not be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith.


10. Cancelling or altering the domain name

1. We may cancel or put a domain name into a special status by notifying you if:

  1. in our sole discretion we believe that you or your registrar have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
  2. in our sole discretion we believe the domain name is being used in a way that is likely to endanger any part of the domain name system, other internet users (including but not limited to the distribution of viruses and malware, phishing activity or facilitating distributed denial of service attacks), or our systems and internet connections; or
  3. you have broken any of the conditions (including the rules, DRS policy and procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 5.2, 10.1 or 10.2) you do not put it right within 30 days of us notifying you.

2. We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:

  1. on your instructions;
  2. if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
  3. if you withdraw your permission for us to process your personal data for any or all of the purposes described in condition 8;
  4. to carry out the decision an expert has made under our dispute resolution service; or
  5. if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.

3. If you are an natural person, your domain name will be cancelled if you die and the person legally appointed to deal with your assets after you die does not transfer your domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).

4. If you are not an natural person, your domain name will be cancelled if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.

11. Duration, renewal and transfer

1. We will register your domain name for a period between one and ten years in accordance with your Registrar’s instructions. Registrations made directly with us may only be made for fixed terms of two years. You may renew your Domain Name at the end of its term in accordance with our renewals processes.

2. We may transfer our rights and responsibilities with respect to your domain name to anyone else in our sole discretion.

3. If you want to transfer your domain name to someone else, you must:

  1. use our current published transfer process; and
  2. make sure that the person taking over your domain name accepts these conditions in full.

4. If you do not transfer your domain name in accordance with our published transfer process there will be no valid transfer of your domain name, and no document or agreement attempting or claiming to transfer your domain name will have any effect.

5. If you are a consumer, you may have a right to cancel your domain name under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or similar laws amending or replacing it.

12. Exclusions and limitations of liability

1. Nothing in these conditions limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.

2. By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name.

3. We will not be liable for:

  1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);
  2. loss of business or contracts;
  3. loss of expected savings or goodwill; or
  4. any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with your registration of a domain name with us, including but not limited to:
    1. any mistake or missing information in the register; and
    2. loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.

4. Implied terms are, to the fullest extent permitted by law, excluded from these conditions.

5. Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.

6. If you are a consumer, conditions 12.3, 12.4 and 12.5 do not apply to you. Your statutory rights are not affected - for information contact your local authority Trading Standards Department or your Citizens Advice Bureau.

7. Conditions 8, 10.3, 10.4, 12 and 13 will continue to apply after your domain name registration has ended for any reason.

13. General

  1. If a court rules that any of these conditions is invalid, unenforceable or void, the remaining conditions will continue in full force and effect.
  2. A person who is not a party to these conditions shall have no rights to enforce any of these conditions.
  3. We reserve the right to make reasonable changes to these conditions (including the DRS policy and procedure and rules) at any time.
  4. Except as set out in the DRS policy and procedure, any notice in relation to your domain name will be considered to have been served if hand-delivered, or sent by prepaid post or by email, to you or your registrar at any postal or email address on the appropriate register entry, and will apply from the date it was delivered, or if not delivered the date it was sent or posted.
  5. Any notice to us may be hand-delivered or sent by prepaid post to our registered office, or sent by email to nominet@nominet.uk.
  6. These conditions, together with the rules, DRS policy and procedure, are the basis for the entire agreement between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.
  7. No failure or delay by us to exercise any right or remedy provided for in these conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  8. Except as provided below, your domain name registration, these conditions, and any dispute or claim arising out of or in connection with it shall be governed by and construed with in accordance with the law of England and Wales. The courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim arising. If you are a consumer in Scotland or Northern Ireland, we will accept your local law and courts.

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Domain Dispute

1.Purpose

1. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into Your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between You and any party other than Dynamis (the registrar) over the registration and use of an Internet domain name registered by You. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.


2. Your Representations

1. By applying to register a domain name, or by asking Dynamis to maintain or renew a domain name registration, You hereby represent and warrant to Dynamis that (a) the statements that You made in Your Registration Agreement are complete and accurate; (b) to Your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) You are not registering the domain name for an unlawful purpose; and (d) You will not knowingly use the domain name in violation of any applicable laws or regulations. It is Your responsibility to determine whether Your domain name registration infringes or violates someone else's rights.


3. Cancellations, Transfers, and Changes

1. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

1. subject to the provisions of Paragraph 8, Dynamis receipt of written or appropriate electronic instructions from You or Your authorized agent to take such action;

2. Dynamis receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;

and/or

3. Dynamis receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which You were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of Your Registration Agreement or other legal requirements.


4. Mandatory Administrative Proceeding

1. This Paragraph sets forth the type of disputes for which You are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm(each, a "Provider").

1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) Your domain name is identical or confusingly similar to a trademark or Service mark in which the complainant has rights; and (ii) You have no rights or legitimate interests in respect of the domain name; and (iii) Your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.

2. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that You have registered or You have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of Your documented out-of-pocket costs directly related to the domain name; or (ii) You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that You have engaged in a pattern of such conduct; or (iii) You have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, You have intentionally attempted to attract, for commercial gain, Internet users to Your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Your web site or location or of a product or service on Your web site or location.

3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When You receive a complaint, You should refer to Paragraph 5 of the Rules of Procedure in determining how Your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate Your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to You of the dispute, Your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) You (as an individual, business, or other organization) have been commonly known by the domain name, even if You have acquired no trademark or service mark rights; or (iii) You are making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

5. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

6. Consolidation. In the event of multiple disputes between You and a complainant, either You or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

7. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where You elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by You and the complainant.

8. Dynamis Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

9. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of Your domain name or the transfer of Your domain name registration to the complainant.

10. Notification and Publication. The Provider shall notify Dynamis of any decision made by an Administrative Panel with respect to a domain name You have registered with Dynamis. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

11. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either You or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that Your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of Dynamis principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from You during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that You have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of Dynamis principal office or of Your address as shown in Dynamis Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to Dynamis of a resolution between the parties; (ii) evidence satisfactory to Dynamis that Your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing Your lawsuit or ordering that You do not have the right to continue to use Your domain name.


5. All Other Disputes and Litigation

1. All other disputes between You and any party other than Dynamis regarding Your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between You and such other party through any court, arbitration or other proceeding that may be available.


6. Dynamis Involvement in Disputes

1. We will not participate in any way in any dispute between You and any party other than Dynamis regarding the registration and use of Your domain name. You shall not name Dynamis as a party or otherwise include Dynamis in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.


7. Maintaining the Status Quo

1. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.


8. Transfers During a Dispute

1. Transfers of a Domain Name to a New Holder. You may not transfer Your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of Dynamis principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding Your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

2. Changing Registrars. You may not transfer Your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of Dynamis principal place of business) after such proceeding is concluded. You may transfer administration of Your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name You have registered with Dynamis shall continue to be subject to the proceedings commenced against You in accordance with the terms of this Policy. In the event that You transfer a domain name registration to Dynamis during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.


9. Policy Modifications

1. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post Dynamis revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to You until the dispute is over, all such changes will be binding upon You with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of Dynamis change. In the event that You object to a change in this Policy, Your sole remedy is to cancel Your domain name registration with Dynamis, provided that You will not be entitled to a refund of any fees You paid to Dynamis. The revised Policy will apply to You until You cancel Your domain name registration.


10. Dispute Policy for domains ending in .uk

1. Disputes involving UK domain names are handled by Nominet www.nominet.org.uk


11. Contacting Dynamis

1. If You need to contact Dynamis regarding a domain name dispute please visit Dynamis web site www.dynamis.co.uk

2. If you need to make a complaint please contact us here

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