1. Obligation to provide Domain Name Services

    1.1    The Provider shall provide to the Customer in accordance with this Schedule 5 any Domain Name Services specified in a Statement of Work or otherwise agreed by the parties in writing.

     

  2. Registration of domain names

    2.1    The Provider shall attempt to register any domain names that the Customer orders by means of a Statement of Work, subject to the payment of the applicable Charges in advance.

    2.2    The Provider may reject any request to register a particular domain name by giving a written notice of rejection to the Customer, notwithstanding the other provisions of this Paragraph 2.

    2.3    The Provider does not guarantee that any attempt to register a domain name will be successful.

  3. Maintenance of domain name registrations

    3.1    The Provider shall use reasonable endeavours to maintain the registration of any domain names registered through the Domain Name Services, subject to the payment in advance by the Customer to the Provider of any Charges due in respect of the renewal of such domain name registrations.

  4. Customer obligations and Domain Name Services

    4.1    The Customer warrants to the Provider that:
    (a)    the information submitted by or on behalf of the Customer for the purposes of a domain name registration is current, accurate and complete;
    (b)    the Customer has the legal right to apply for and use the domain name; and
    (c)    the use of the domain name by the Customer will not infringe any person's Intellectual Property Rights or other legal rights.

    4.2    The Customer shall promptly notify the Provider of any changes to the information required for the purposes of a domain name registration, and the Customer acknowledges that additional Charges may be payable in respect of the updating of that information with the relevant third parties.

    4.3    The Customer acknowledges that certain information submitted for the purposes of a domain name registration will be published on the internet via "WHOIS" services.

    4.4    With reference to each domain name in respect of which the Domain Name Services are provided, the Customer must comply with all the rules and policies from time to time of the relevant registry or registration authority.

    4.5    With reference to each domain name in respect of which the Domain Name Services are provided, the Customer hereby agrees to and must comply any applicable domain name registration agreement notified by the Provider to the Customer (including any amendments notified by the Provider to the Customer).

  5. Domain name disputes

    5.1    The Provider shall not and shall have no obligation to offer or provide any legal or other advice in relation to any actual or potential domain name dispute.

    5.2    Subject to Clause 21.1 of the main body of these Terms and Conditions, the Provider shall have no liability in respect of the suspension or loss of a domain name as a result of any domain name arbitration procedure or court proceedings.

  6. Termination of Domain Name Services

    6.1    Either party may terminate the Domain Name Services under the Statement of Work by giving to the other party at least 30 days' written notice of termination.

    6.2    If the Domain Name Services are terminated in accordance with the provisions of this Paragraph 6:
    (a)    the Customer must pay to the Provider any outstanding Charges in respect of Domain Name Services provided to the Customer before the date of effective termination of the Domain Name Services;
    (b)    the Provider must refund to the Customer any Charges paid by the Customer to the Provider in respect of Domain Name Services that were to be provided to the Customer after the date of effective termination of the Domain Name Services; and
    (c)    the Contract will continue notwithstanding such termination.

    6.3    For the avoidance of doubt, the Domain Name Services shall automatically terminate upon the termination of the Contract.

    6.4     Upon the termination of the Domain Name Services (whether or not the Contract is terminated), then all of your rights in or in respect of relevant domain names shall immediately cease, save to the extent that you have transferred relevant domain names to another domain name registration service provider before the date of effective termination.