These Domain Products Terms and Conditions are supplemental to the General Terms and Conditions and apply to the provision of any domain related services by TUN Digital Ltd (‘ZDX’). The ordering of Domain services from ZDX constitutes acceptance by the Client of the General Terms and Conditions and these Domain Terms and Conditions. They are also supplemental to the Terms & Conditions of our suppliers, Nominet and Enom. Nominet's terms can be found here and Enom's terms can be found here.
General Domain Terms
The Client acknowledges that registration of a Domain is subject to third party terms and conditions including those from the relevant registry for the Domain extension. The Client confirms that it will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and use. Further, the Client indemnifies both ZDX and the applicable registry for a Domain in respect of the Client’s use of the Domain and in respect of the Client’s failure to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions.
The Client acknowledges and accepts that domain registration and renewal services are limited to the forwarding by ZDX of the Client’s request to register or renew a domain to the relevant registry for that domain. It is at all times the Client’s responsibility to check that a Domain has been registered and/or renewed with the registry as appropriate.
The Client warrants that the registration of a domain name requested by a Client (‘a Domain’) and the manner in which it is to be used, either directly or indirectly:
- will not infringe any third party rights, including third party intellectual property rights;
- Is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and
- will at no time be used for an unlawful purpose whatsoever.
While ZDX shall use reasonable endeavours to register a Domain, the Client accepts that ZDX is not required to accept any request to register a Domain or to continue with any attempt to register a Domain if the Domain is not capable of registration.
ZDX makes no representations, express of implied, that a particular Domain is available for registration and ZDX accepts no liability for failure to register a Domain for any reason.
ZDX may from time to time change the registrar that a Domain is held with, at its discretion and without notice to the Client.
The Client accepts and consents to ZDX making the Client’s registration details in relation to the Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
The Client accepts and consents to the ZDX making publically available certain of the Client’s information, for example by inclusion in the WHOIS database, as required by law or for any other purpose required or permitted by ICANN, a relevant registry or any regulatory body. The Client consents to any and all such disclosures as set out in clauses 1.7 and 1.8 and waives any cause of action it may have against ZDX in this respect.
In the event that the Client has not purchased our WHOIS Privacy option, the Client must ensure that its details on the WHOIS database are accurate and current failing which the Domain may be suspended by ZDX, ICANN or the relevant registry until such time as the Client can prove that the details on the WHOIS database are accurate.
The Client consents to Domains registered through ZDX having "Locks" automatically applied to such Domains.
ZDX shall endeavour to automatically renew a Domain on a Client’s behalf when it is due for renewal subject to the following:
- the Client has a valid and up-to-date payment method of its account; and
- the Client has not set the Domain to either cancel or manual renewal in the Client’s control panel.
If either of the points above apply, then ZDX shall not automatically renew a Domain and the Client is entirely responsible for any consequences of a Domain not being renewed.
Domains which are automatically renewed by ZDX will be ordinarily renewed for the same duration as the initial registration period. Clients may select a different renewal period.
ZDX shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time. ZDX shall endeavour to follow any payment priority set up on the Client’s account, however, ZDX reserves the right to take payment from any stored payment method on the Client’s account.
ZDX may request direct debit payments up to 15 days prior to the renewal date for a Domain and that payment will be taken 6 days after that initial request.
Domain renewals shall be charged at ZDX’s prevailing rate at the time of the renewals. ZDX’s prevailing rates can be located on ZDX’s website.
If a Domain is not renewed by the applicable renewal date, then the Domain shall become an Expired Domain.
Most Domains can be registered and/or renewed for up to ten years, however, certain Domains are subject to restrictions on the length of initial registration or renewal. These restrictions are set by the respective registries.
Domain cancellations by Clients must be done through the Client’s control panel and must be completed at least 24 hours prior to any payment date. The payment date is at least 7 days prior to the renewal date and varies by both payment method and by domain extension.
If the Domain is purchased alongside another ZDX service, then the Client must cancel both the Domain and the other ZDX service separately. Cancellation of either the Domain or any other service will not automatically cancel the other.
Domain registrations and/or renewals are non-refundable by ZDX in whole or in part.
Once a Domain has been registered by the applicable registry, ZDX is unable to refund any money in respect of that Domain. This is due to the bespoke nature of Domains and the Client accepts this to be a fair apportionment of risk given ZDX’s inability to claim a refund from the relevant registry.
Any refund on a Domain prior to registration with the relevant registry is entirely at ZDX’s discretion.
The Client accepts that ZDX is unable to verify or check for errors in Domain registration requests. Accordingly, the Client is solely responsible for ensuring that a Domain has the correct or intended spelling.
As set out in the General Terms and Conditions and above, Domain registrations are a bespoke purchase to the Client’s specification and accordingly the Client, when a consumer, waives any right to a cooling off period that may be applicable. If the Client as a consumer is not willing to waive such right then the Client must make ZDX aware of the same and ZDX will be unable to register a Domain until after the applicable cooling off period has expired.
Domain Transfer & Ownership Terms
ZDX shall determinate the ownership of a registered Domain by reference to the details held on the WHOIS database. If the WHOIS database details are not determinative then ZDX shall be entitled to request whatever supporting evidence it may require to ascertain ownership.
In the event that ownership of a registered Domain is disputed then the Client agrees to make all reasonable efforts to resolve such dispute with the third party, including before involving ZDX and at ZDX’s request.
If a Client wishes to transfer ownership of a registered Domain the Client must:
- ensure that all necessary consents and permissions to that transfer have been obtained;
- deliver to ZDX documentary evidence of all such relevant consents and permissions;
- accept that ZDX is under no obligation to carry out any transfer request if the Client fails to satisfy ZDX that the documentation provided shows the transfer to be properly requested or authorised.
The transfer service offered by ZDX is supplied on the basis that the Client is solely responsible for changing the tag of the domain to ZDX and to ensure that the transfer completes to the Client’s specifications. If a transfer is cancelled, the Client will be responsible for contacting ZDX to request a refund for the incomplete transfer, if applicable
The Client accepts that the transfer of a gTLD Domain may require ZDX to carry out a manual transfer. In such event, the Client agrees to pay the applicable manual transfer fee to ZDX as stated on ZDX’s website and as updated from time to time.
On transfer, the Client can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. The Client acknowledges that the maximum terms for a particular domain may vary and are available on an “as is” basis as displayed by ZDX. Clients acknowledge that one year may be added and charged to some domain extensions when transferred.
ZDX will only allow a domain name owned or managed by the Client to be attached to the IPS tag of ZDX or any of its Associated Companies if the Client has an active hosting account with ZDX or when the Client is holding the domain name within a ZDX account.
The Client agrees that on to transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) the Client will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at ZDX’s request.
ZDX will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by the Client to ZDX.
In the event that ZDX receives a complaint in regards to trademark / brand infringement, ZDX has the right to place a Domain on hold and move into the ZDX holding account. ZDX shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to ZDX by the Client.
In the event of receiving documentation which matches the WHOIS details, ZDX reserves the right to move a Domain from the current Domain holder’s account into a ZDX holding account, lock the domain and place a registrar hold on it. ZDX shall not move the Domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to ZDX by both parties proving the same. This documentation may include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.
For all applicable gTLDs the Client agrees that ZDX will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for the Client whenever a request is made to update the registrant contact details associated with a Domain. In that respect, the Client expressly authorises ZDX to approve a change of registrant of any change to the registrant’s details on behalf of the Client.
The Client acknowledges and accepts that where ZDX takes an action on a Domain as a Designated Agent, then such Domain will be opted out from any 60-day transfer lock period.
In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired.
A registered Domain shall expire if ZDX is unable to take payment via the method stored on the Client’s ZDX account, where the Client has set the Domain to expire or where the Client fails to manually renew the Domain by the renewal date.
It is the Client’s responsibility to ensure that the email address stored on its’ ZDX account is up to date and is able to receive renewal reminders from ZDX.
Following the expiry date a domain may enter a grace and/or redemption period. Certain registries do not allow for grace and/or redemption periods.
Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by the Client or ZDX following the expiry date and in such circumstances ZDX’s agreement with the Client for that Domain will terminate immediately and without liability to ZDX. Further, ZDX is under no duty to attempt to recover such Domain(s).
The Client acknowledges that three (3) calendar days after the date of expiration of a Domain, ZDX may in its sole discretion carry out the following actions:
- renew the Domain;
- park the Domain on different name servers from those set by the Client including the ZDX name servers; and/or
- where the relevant registry does not allow for grace or redemption periods, delete the domain.
Provided that the relevant registry for the Domain(s) allows a grace period, the Client acknowledges that it has up to 16 days following expiry of the Domain(s) (‘the Grace Period’) to contact ZDX to retrieve and renew the Domain provided that the Client pays for said renewal in full and in cleared funds.
On receipt of the renewal fee by ZDX within the Grace Period, the Client will retain ownership of the Domain(s) and as soon as reasonably practicable ZDX shall restore the Domain(s) to the Client’s control panel.
The Client acknowledges that following the end of the Grace Period, ZDX may at its sole discretion carry out the following actions:
- auction the Domain;
- change the contact details; and/or
- transfer the Domain.
If ZDX does not receive the renewal fee within the Grace Period then ZDX’s agreement with the Client for that Domain will terminate immediately and without liability to ZDX.
Provided that the relevant registry of the Domain(s) allows for a redemption period, if ZDX receives a request from the Client to renew the Domain after the end of the Grace Period (‘the Redemption Period’), the Client agrees to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). Both the length of the Redemption Period and the redemption fee varies depending on the registry involved and the applicable redemption fees can be located here.
Clients acknowledge and agree that ZDX is not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once the Client has paid both the redemption and renewal fees to ZDX.
ZDX endeavours to renew Domain(s) on behalf of the Client. However, ZDX make no guarantee that attempted renewals, including attempts to renew expired domains, will be successful and it is the Client’s responsibility to check the WHOIS database, and any other source, to ensure the Domain name has been renewed.
ZDX offers a backorder service for already registered domains (‘the Backorder Service’ and ‘Backorder’ shall be construed accordingly) which attempts to automatically register a domain (‘the Backorder Domain’) on behalf of the Client if and when the Backorder Domain becomes available for registration by the general public. Such availability would be following any applicable Grace and/or Redemption Periods.
The Backorder Service is only available on selected domain extensions as specified on ZDX’s website.
The Client will be advised of an estimated availability date via the Client’s control panel, however, such date is an estimate only and ZDX shall not be responsible for any inaccuracy in the estimated date.
Payment for successful Backorders must be made by the Client within 28 days of confirmation of the same failing which the Backorder Domain will be removed from the Client’s control panel and ZDX shall be entitled to deal with the Backorder Domain as it deems appropriate. The Client has no right or title to a Backorder Domain until all fees for the Backorder Service have been paid in full.
The Client agrees to pay the prevailing fee for the Backorder Service at the time when the Backorder Domain becomes available for registration. The fee for the Backorder Service shall vary dependant on the domain extension of the Backorder Domain. ZDX reserves the right to vary the fee for the Backorder Service at any time including in relation to Backorders already placed. It is the Client’s sole responsibility to check the prevailing Backorder Service fee on ZDX’s website from time to time and prior to the Backorder Domain becoming available.
Following a successful Backorder ZDX shall automatically attempt to take payment of the fee from the Client’s stored payment method on the 1st, 3rd, 7th, 14th, 21st and 28th day following the successful registration of the Backorder Domain. It is the Client’s responsibility to ensure that valid and up-to-date payment details are stored on the Client’s account.
Clients may cancel the Backorder Service at any time while the status is listed as 'Pending'. Clients may not cancel a Backorder at any other time. ZDX may cancel a Backorder at any time, for any reason and without liability.
ZDX shall endeavour to email the Client in the event that a Backorder is cancelled or fails. Accordingly, the Client must ensure that up-to-date contact details are stored on the Client’s account.
If a Backorder has failed then it is the Client’s responsibility to resubmit any Backorder request.
ZDX makes no warranty, express or implied, that any Domain is available or suitable for Backorder. ZDX shall have no liability for any failure to register a Backorder Domain for a Client for any reason.