Domain Name Registration Terms and Conditions

Please note the first three items, which are our key terms.

The contract between the Applicant and Pennik Ltd trading as LegalISP contains the following terms and conditions.

  1. LegalISP will :
    1. Process the application and consider whether to accept or reject it in accordance with the criteria for the Domain And Sub-Domains in force at the time of the application for registration.
    2. If the application is accepted, apply for the registration of the Domain Name and, on receipt of the fee assign the domain to the Applicant.
    3. Provide notification of the expiry of the domain name, generally between one and two months in advance of the expiry date, asking whether the domain name should be renewed or not.
  2. The initial registration period is two years from the acceptance of the application for registration by Nominet. Thereafter, the registration may be renewed indefinitely for further periods of one or more years (to a maximum of ten), on payment of the renewal fees applicable from time to time, and subject to there being no outstanding charges and clause 8 below.
  3. Once the Domain Name and the Applicant's details have been registered no refund of fees will be payable by LegalISP.
    • IMPORTANT NOTE
    • all registrations remain the property of LegalISP until payment has been made in full. LegalISP has the right to withhold the domain name until all monies owed by the applicant or the applicants client has been received. Regardless of whether they relate to the actual domain name registered.
    • LegalISP makes no charge for the transfer of a domain name to a new Registrar or the termination of this agreement.
  4. Restrictions and Indemnities.
    1. LegalISP will register domain names with the relevant Registrar on a first come, first served basis, whether or not it has received payment for their registration; and, until LegalISP has successfully registered the domain, there is no guarantee that the Domain Name applied for will be assigned to the Applicant. Applicants are advised not to take any action in respect of the registration of a Domain Name before it is actually registered.
    2. LegalISP may cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances. Exceptional circumstances include, in particular: where to maintain the registration would put LegalISP in conflict with statutory obligations or the terms of a Court Order, or where the registration or use of the Domain Name conflicts with the criteria for the Domain And Sub-Domains in force at the time of the application for registration.
    3. LegalISP does not accept any responsibility for the use of any Domain Name on the Register of Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts.
    4. LegalISP will use its reasonable endeavours to ensure that the appropriate details of the Applicant's registration are correctly entered and maintained in the Register of Domain Names. All conditions and warranties which may be implied (by law or as a result of prior negotiations) into the contract between LegalISP and the Applicant are excluded to the extent permitted by law. In no circumstances will LegalISP be liable for any loss of profit, business or anticipated savings suffered by the Applicant.
    5. LegalISP's liability to the Applicant under the contract or otherwise (including liability for negligence) is limited to the registration fees paid in respect of a particular period of registration.
    6. The Applicant warrants to LegalISP that the details submitted by the Applicant to LegalISP are true and correct, and that future additions or alterations to those details will be true and correct.
    7. The applicant warrants to LegalISP that neither the registration of the Domain Name nor the manner in which the Domain Name is directly or indirectly used infringes the legal rights of a third party. LegalISP's remedies under this warranty will continue to be available after completion of the registration process and notwithstanding any subsequent surrender, cancellation or transfer of the registration of the Domain Name.
    8. The Applicant indemnifies LegalISP and each of the owners & directors against any claim that the registration of the Domain Name or the manner in which the Domain Name is directly or indirectly used infringes the legal rights of any third party (except for claims arising from LegalISP's negligence or breach of the terms of the contract); and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.
    9. The relevant Register of Domain Names will include the names of the Applicant and the Administrative Contact and other details relating to them. This information (if it refers to individuals) is `personal data' for the purposes of data protection legislation. The Register of Domain Names may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.
  5. The restrictions and indemnities in clause 4 above are considered to be reasonable in the context of LegalISP's status as a company which is performing a service on a cost-recovery basis.
  6. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
  7. The contract may be assigned by LegalISP.
  8. LegalISP may change the terms and conditions of the contract on renewal or transfer of the registration of the Domain Name. All transfers and renewals will be made under LegalISP's Terms & Conditions for the Registration of Domain Names current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor.
  9. Any notice to be given under the contract shall only be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the fourth day after posting.
  10. These terms and conditions, constitute the entire agreement between LegalISP and the Applicant for the registration of the Domain Name, and supersede all prior agreements, understandings and representations whether oral or written. Subject to clause 8 above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of the Applicant and LegalISP.
  11. The contract shall be governed by the law of the country which the domain name comes under, and the Applicant and LegalISP submit to the exclusive jurisdiction of the Courts governed by the law of the country which the domain name comes under.