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

Welcome to Dynamis. This Website is owned and operated by Dynamis Ltd. If You are based in a country listed in Part 2 of these Terms, then Dynamis APAC Pty Ltd is Your contracting entity for the purposes of these Terms. If You are based in a country which is not listed in Part 2 of these Terms, then Dynamis Ltd is Your contracting entity for the purposes of these Terms.

These Terms (as defined below) are important so please read them carefully.

Part 1 will always apply when You use this Website. If you use any of our websites and their products or services you will be bound by the Terms and Conditions specified by that website.

Part 2 sets out the countries for which Dynamis APAC Pty Ltd are responsible.

If You do not agree to these Terms please do not use this Website.

Dynamis reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Websites and the Services shall indicate Your acceptance of any change. Dynamis will make every effort to communicate these changes to You by notification on this Website or by email.

PART 1: GENERAL

1 DEFINITIONS AND INTERPRETATION

The following definitions and rules of interpretation apply in these Terms.

1.1 Definitions:

Content: any text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials.
Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Data Protection Legislation: means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Data Subject: means an individual who is the subject of Personal Data.
Dynamis: Dynamis Ltd and/or Dynamis APAC Pty Ltd.
Dynamis APAC Pty Ltd: 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 Dynamis' Australian office. See the full list of APAC countries in Part 8 below.
Dynamis Ltd: Dynamis Ltd is registered in England. Address: Dynamis House, Sycamore Street, London, EC1Y 0SW. Our company number is 03788210 and VAT number is 747791385.
IPR: any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Personal Data: has the meaning set out in the Data Protection Data Protection Legislation.
Terms: these terms and conditions of use.
Website: the internet sites at the domains dynamis.co.uk and dynamis.com.au.

1.2 Clause headings shall not affect the interpretation of these Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.

1.3 A reference to: (a) a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and (b) a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.

1.4 Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural, shall include the singular; (b) a reference to one gender shall include a reference to the other gender; and (c) the words "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

2 PURPOSE OF THE WEBSITE

2.1 This Website gives you information about Dynamis, it’s publications and employees.

2.3 Dynamis 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 You based on any information, opinions or advice contained within this Website.

3 YOUR OBLIGATIONS

3.1 When using this Website and Your Account (if applicable), You agree not to:

(a) attempt to undermine the security or integrity of this Website, or Dynamis' computing systems or networks. Dynamis will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;

(b) use, or misuse, this Website in any way which may impair the functionality of this Website, or impair the ability of any other user to use this Website;

(c) attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which this Website is hosted;

(d) transmit, or input into this Website, any files or data that may damage any other person's computing devices or software, any Content that may be offensive or in violation of any law (including data or other material which You do not have the right to use);

(e) create links to this Website unless Dynamis gives You prior written consent or as otherwise set out in these Terms;

(f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate this Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;

(g) impersonate any other person while using this Website;

(h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using this Website; or

(i) use this Website for any unlawful purpose.

4 PERSONAL DATA

4.1 We collect, store and use personal information collected from visitors to this website. Please read our Privacy Policy [LINK] for details of how we collect and use your Personal Data as well as your access and correction rights to any data we hold about you.

4.2 In delivering the website in connection with these terms Dynamis shall comply with all applicable requirements under the Data Protection Legislation.

4.3 For the purposes of the Data Protection Legislation, in most cases You are the Data Subject, Dynamis is the Data Controller and any other sub-contractor, or third party engaged in the performance of the Services to You are the Data Processors.

4.4 Where You are a Broker or intermediary however, your clients or customers are the Data Subjects, You are the Data Controller, and Dynamis is the Data Processor. In such cases You will ensure that You have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Dynamis for the duration and purposes of this agreement.

4.5 In the case where we share the Personal Data of other Data Subjects with you, we (us and you) are joint Data Controllers for the purposes of the Data Protection Regulation. You agree to only process the data in accordance with your responsibilities and obligations to the Data Subject.

4.6 You agree to process all data provided in accordance with current Data Protection Legislation. Together with our Partner Websites, we pass on prospective buyer information as part of a contract between us and the prospective buyer, and as part of this contract with You. It’s in your legitimate business interests to contact said buyer about the advertised business opportunity, franchise, commercial property, or related service. In order to market to those users further you will need to gain your own consent or define your own legal basis for processing.

4.7 We shall, in relation to any Personal Data used in connection with the performance by Us of Our obligations:

(a) collect, store and use the data in accordance with Our Privacy Policy which is displayed on the Website;

(b) maintain complete and accurate records and information to demonstrate its compliance with the Data Protection Legislation; and

(c) notify You without undue delay on becoming aware of a Personal Data breach relating to Your Personal Data.

4.8 You consent to Dynamis appointing third-party processors of Personal Data and Dynamis shall enter any third-party processor into a written agreement, incorporating terms reflecting those set out in this clause.

5 DISCLAIMER

5.1 The provision of, access to, and use of, this Website is on an "as is" basis.

5.3 You are responsible for Your use of the Websites and for ensuring that such use is compliant with applicable law.

5.4 Dynamis does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.

5.5 Dynamis will use reasonable endeavours to make this Website and Services available at all times but does not warrant or guarantee that this Website or Services will always be available or that they will be uninterrupted or error free.

5.6 Dynamis uses industry standard security processes and procedures to protect this Website against viruses, worms, Trojan horses, malware and other disabling devices but Dynamis cannot guarantee that this Website will be free from the same or totally secure.

5.7 Dynamis shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to Dynamis in connection with the Services, or any actions taken by Dynamis at Your direction.

5.8 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.

6 LINKING AND COOKIES

6.1 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 third party website. The presence of a link on this Website shall not be deemed to be a recommendation or endorsement of such third party website by Dynamis. Your dealings with third party websites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.

6.2 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 Dynamis or any Dynamis company (or Dynamis or their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. Dynamis reserves the right to withdraw permission to use links to this Website at any time.

6.3 Dynamis.co.uk and Dynamis.com.au do not use cookies. For information on how our websites use cookies please see Cookie Policies and Privacy Policies available on each website.

7 INTELLECTUAL PROPERTY RIGHTS

7.1 All IPR contained in and pertaining to this Website, including any trademarks used on this Website, copyright in any Content 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 IPR contained in or pertaining to this Website otherwise than as expressly permitted in these Terms or by law. 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.

7.2 You agree that Dynamis is free to use any comments, information or ideas contained in any communication You may send to us without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Website, products or services.

11 GENERAL

11.1 Language: These Terms and all communications between us will be in English.

11.2 Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

11.3 Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of this Website, the provisions in these Terms shall prevail.

11.4 Entire Agreement: These Terms, and any documents or sections of this Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

11.5 Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

11.6 Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control (including failure of the internet, and failure of sub-contractors and/or suppliers). This clause does not apply to any obligation to pay money.

11.7 No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

11.8 Rights of Third Parties: No person who is not a party to these Terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these Terms.

11.9 Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

11.10 Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Dynamis must be sent to our  customer services team or to any other email address notified by email by Dynamis. Notices to You will be sent to the email address provided when registering Your Account or sending Your enquiry.

11.11 No Partnership: Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other.

11.12 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, or if You are based in a country listed in Part 8 of these terms, in accordance with the laws of New South Wales and the Commonwealth of Australia.

Each party irrevocably agrees that:

(a) If you are based in a country listed in Part 8 of these Terms, the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of New South Wales.

(b) If you are based in any other country, the courts of England and wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of England and Wales.



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

2 BACK TO TOP

Terms and Conditions of Domain Name Registration

Last Updated: 12/07/2018

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’ –up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;

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

‘DRS policy’ – 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 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 if you have consented for us to do so;
  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.

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.

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 (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 rules) at any time.
  4. Except as set out in the DRS policy , 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 , 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.

3 BACK TO TOP

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 https://www.icann.org/resources/pages/rules-be-2012-02-25-en, 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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