Specific Terms: Domain Names
(Domain Names Terms forms part of our Specific Terms, clause 5)
1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as xneelo, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
2. We have been accredited as an independent Registrar to register Domain Names on the Administrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
4. We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar OpenSRS/Tucows. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
When there is a transfer of ownership the Registrant explicitly authorizes Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.
5. The following principles apply with regard to Domain Name registrations:
- Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
- We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
- Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
- It is important to ensure that the correct person or entity is reflected as the Registrant as xneelo will only act on the instructions of the Account Owner or anyone authorised to act on the xneelo account. In certain instances the Registrant might not be the Account Owner.
- You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
- We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
- Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
- If you are a xneelo Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.
- All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
- Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
6. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires.
You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register.
You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
8. The following fees will be incurred by you:
- The annual Administrator Fee for the Domain Name.
- Our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf and
- All reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.
9. You warrant that:
- You are entitled to register and use the Domain Name or
- if you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or
- You are not prohibited by law or otherwise from registering the Domain Name and
- in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
10. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. We act as data processor on behalf of the Administrator, who is the data controller, regarding personal data that you give us when you register a Domain Name. You agree that we may share the personal data that we collect in this way with the Administrator. You agree to indemnify and hold harmless us and our sub-processors against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.
Changes to .co.za Domain Name and Domain Name Information
11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registrar.
12. Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through konsoleH.
13. If the Registrant has a xneelo account, the Registrant can make the changes.
14. If the Registrant has appointed an agent with a xneelo account to administer the Domain Name, the Domain Name will be linked to that agent’s account and the agent will be able to make the changes.
15. Xneelo will only act on the instructions of the Account Owner or anyone authorised to act on the account.
16. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by xneelo. On expiry of the pending update period, the Domain Name information will automatically be updated.
17. The Registrant can ask xneelo to create an account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by xneelo are met.
18. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or xneelo account to which the Domain Name is linked, we will only act, if we receive written instructions to change the name of the Registrant from:
- The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
- A letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity.
- An order of Court in relation to any of the above or
- An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
19. In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
20. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through konsoleH.
Domain Name Transfers to another Registrar
21. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.
22. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
The Table below illustrates the voting outcome when you request your Domain Name to be transferred to another Registrar. The Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. The various outcomes are demonstrated in the table below according to the voting actions. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
|“Y” – Authorise Transfer||“#” – Do Nothing||“N” – Decline Transfer|
|2||Y||N||Transfer on expiry of pending transfer period (5 days)|
|3||Y||#||Transfer on expiry of pending transfer period (5 days)|
|5||N||N||Reject Transfer on expiry of pending transfer period (5 days)|
|6||N||#||Reject Transfer on expiry of pending transfer period (5 days)|
|8||#||N||Reject Transfer on expiry of pending transfer period (5 days)|
|9||#||#||Reject Transfer on expiry of pending transfer period (5 days)|
Domain Name Cancellations
24. A Domain Name can be cancelled at any time other than during a grace period.
25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
26. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
28. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
29. If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.
30. If you do not give the required notice (this can be done by clicking on the link sent in the renewal reminder email, terminating the domain via the konsoleH control panel or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
- Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid.
- Obtain or allow the suspension, termination, or deletion of the Domain Name or
- transfer the Domain Name to another Registrant.
Termination of the Domain Services
32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Terms of Service) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
- The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs.
- The Alternate Dispute Resolution Regulations applicable in South Africa and
- similar proceedings in other ccTLDs.
35. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).
37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked.