Governing Bodies
ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. Upon IMO's receipt of domain name registration information from you, IMO shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain. Selection Of A Domain Name You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever. By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the Terms & Conditions of Nominet, If you are registering the domain for a third party, you agree that they have read and agree to the Nominet Terms & Conditions as well. .name Restrictions Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor. Fees The current pricing of our domain names can be found here: http://www.imo.co.uk/pricing.php These costs represent the full cost of domain name registration, renewal and maintenance for the registration period and are inclusive of any/all current listed bundled services (see IMO homepage www.imo.co.uk for up to date details of these); and online based customer service. We do not offer a telephone based customer service option. Certain special non-standard additional services require an additional fee, these include: Should any changes to the above charges effecting your account or domain registration come into effect you will be notified at least thirty (30) calendar days in advance by email to your accounts registered email address. As consideration for IMO providing domain name registration services to you, you agree to pay IMO, prior to the approval of the desired domain name registration, the amounts set forth in the price schedule, for the initial registration of the domain name and any subsequent renewals as they become due. Your application will not be registered until IMO receives actual payment of the registration fee. If IMO does register a domain name prior to payment of the registration fee, IMO reserves the right to cancel that registration or restrict use of the domain name until full payment has been received. All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term. Payment must be made by credit card or the other methods we indicate in registration application or renewal form. We will renew your domain name for you provided your credit card or other billing information is available, valid and up to date. If your billing information is not accurate we will not be able to renew your domain name registration automatically if this option is selected by you for renewal, it is your responsibility to keep this information accurate and up to date. To help ensure your domains are not lost by default we operate a positive renewal system on all our domains - your domain will automatically renew for the term it was registered for unless you opt-out of this service through your control panel. This is not refundable. It is your responsibility to check that your domain renewal has been successfully completed within one month of the renewal date. For .uk domains you can do this using Nominet's WhoIs search, and for all other domains we recommend using the http://www.whois.org/ website domain lookup facility. Term of Agreement This Agreement shall remain in full force during the length of the term of your domain name registration(s) with IMO. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease. Contact With IMO You acknowledge and recognize that all contact with IMO in the first instance should be made through our online support Helpdesk HelpDesk Customer Support Online customer support is available from the HelpDesk, this service is available 24 hours and will be normally responded to within a maximum of 24 hours. We will endeavour to resolve your problems as quickly as possible within this time frame. There is no charge for customer service which is inclusive in your domain registration fee. We do not offer any telephone based customer service option. Complaints If you have a complaint regarding any aspect of our service please make us aware of this through our online support system. Here we will make every effort to promptly resolve the issue to your satisfaction. If in the unlikely event you cannot achieve a satisfactory conclusion to your issue through this channel you can contact our Customer Services manager in writing detailing your complaint along with any steps you would like to see to resolve the matter to: Customer Complaints You will receive a response to this complaint either by telephone or in writing by email or postal mail within 5 working days of receipt of the written complaint.
Domain Name Registration Information and Its Use As part of the registration process, you are required to provide to IMO and keep updated at all times the following information in connection with your application for domain name registration: (a) the domain name to be registered; Additional Information Maintained about your Registration In Addition to the information you provide, we maintain additional information relating to your domain name registration, including: (a) the original creation date of the registration; Obligations Relating to Data Provided by You If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement. Disclosure and Use of Registration Information You agree to authorise IMO to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree IMO may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through IMO's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws. In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that IMO may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information. You may access your domain name registration information in IMO's possession to review, modify or update such information through the domain name manager service available in your account at the IMO website www.IMO.co.uk. We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. Ownership of Data You agree and acknowledge that IMO owns the following: (a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database; IMO does not have any ownership interest in your specific personal registration information outside of your right in our domain name database. Transfer of Ownership
IMO International Limited
2nd Floor
145-157 St. John Street
London
EC1V 4PY
United Kingdom
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
(b) the date and time the registration application was submitted to us and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
(h) the expiration date of the registration.
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which IMO acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
(iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
For further details and to action any transfer of ownership please login to your IMO control panel.
Agents and Licences
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you licence the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely resolution of any problems that may arise in connection with domain name and domain registration.
If you receive a request to register a domain name on behalf of a third party you acknowledge and agree that you must register the domain name in their name and that you may only register the domain name in your or your organisation's name with the explicit prior written consent of the third party.
You agree that if you register a domain on behalf of a third party, IMO can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
Limitation of Liability
You agree that IMO shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits or earnings, arising out of or in connection with this Agreement, even if IMO has been advised of the possibility of such damages, and in particular IMO will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of IMO;
(g) processing of an application for domain name registration; or
(h) application of Dispute Policies.
IMO shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.
IMO's maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain name; and
(b) £50.00 (British Pounds).
Indemnification of IMO
You agree to defend, indemnify and hold harmless IMO and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs (including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name.
Representations and Warranties
You represent and warrant that:
(a) all information provided in connection with your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
You acknowledge and agree that all domain name registration services provided to you by IMO are provided on an "as is" basis. IMO makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. IMO makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
Breach and Revocation
IMO reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
(a) you materially breach this Agreement;
(b) you use your registered domain name to send unsolicited commercial email and advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity;
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including IMO) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by IMO, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that IMO shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as IMO receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to IMO' enquiries concerning the accuracy of contact details within thirty (30) calendar days of request; shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
Other Terms and Conditions
Force Majeure. IMO shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by IMO to you shall be deemed to have been given if delivered by email or postal mail using the contact information you have provided.
Governing Law. This Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
General
Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
Amendment in Writing. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of IMO
Further Assurances. The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. IMO will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of IMO as reflected in the original provision.
No Guarantee. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
Specific TLD Registration Agreements
The exact terms of domain name sales and the contract vary depending on the circumstances of the particular sale and what specifically is agreed in that instance in response for example to the particular requirements of the customer. However unless otherwise specifically indicated in writing the following general terms are applicable to all domain name sales from IMO International Limited. These terms together with the specific details of the particular sales agreement formed from subsequent correspondence constitute the Domain Name Sales Contract.
The domain sale process will be conducted entirely online and no additional paper contact for signing to that set out by these terms will provided unless specifically requested by and agreed with the buyer.
Definitions:-
Sale Agreement:- The terms and conditions resulting from the negotiations between the buyer and seller from their various correspondence up to and including the agreement of sale.
Domain Name Sales Contract:- All the agreed terms constituting the domain name Sale Agreement including the terms of the General Domain Name Sale Terms and Conditions specified herein unless specific exclusions or modifications to individual terms of this are otherwise agreed in writing (Email correspondence) in the sale agreement.
The seller is:
IMO International Limited,
2nd Floor
145-157 St John Street
London
EC1V 4PY
Hereafter referred to as the 'Seller'; and:
The buyer is:
The individual, corporate body; employee, agent or representative of the legal entity; customer of IMO International Limited who has agreed to buy the domain name. Hereafter referred to as the 'Buyer'.
1. The seller hereby agrees to:
(a) To transfer the registration of the domain name to the buyer in fulfilment of the agreed terms of sale upon the Buyers satisfaction of all their commitments under the Domain Name Sales Contract including receipt of payment in full unless otherwise agreed.
(b) Assist the buyer as necessary and when requested in the completion of this domain transfer process.
(c) In sale agreements, grant full legal ownership of the domain name and all associated rights to the buyer upon the Buyers satisfaction of all their commitments under the Domain Name Sales Contract including receipt of payment in full unless otherwise agreed.
(d) In lease agreements, grant sole use and full control of the domain name to the customer for the agreed minimum term of lease whilst payment is being received according to the agreed payment schedule. Where payment is not received within 21 days of due date as per the lease agreement payment schedule and after providing written notice via email IMO reserve the right to suspend or terminate the lease agreement, at which time and the customer becomes liable to a late payment fee of 20% the monthly domain rental amount or £50.00 GBP whichever is greater. Continued non-payment of any applicable late fee payments after a period of 30 days from the invoice date can lead to the suspension and termination of the lease agreement unless otherwise agreed in writing (Email) that these charges can be omitted for reasons such as but not limited to goodwill. Cancellation of such outstanding charges for such reasons as goodwill is at the sole discression of the Seller.
2. It is agreed by both parties that:
(a) The domain name remains property of the seller until such time as it is paid for in full and all outstanding invoices associated with it (including Invoices relating to late payment and or compensation) are settled. Where the domain name is transferred to the Buyer in advance of receipt of payment or full payment being received by the Seller the domain name cannot be used by the buyer or associated parties until such time as paid for in full unless otherwise agreed and clearly stated in the sale agreement.
(b) In the event of any dispute, following non-payment of funds or other breach of this agreement by the buyer, the rights to and legal ownership of the domain name will revert back to the seller until such time as the dispute/issue can be resolved to the satisfaction of both parties. Should the parties be unable to resolve the matter to their mutual satisfaction the rights to and legal ownership of the domain will be retained by the seller.
(c) Should the sale agreement include an initial deposit or a payment schedule providing for payment in installments the seller is under no obligation whatsoever to provide any form of refund or compensation either in full or in part to the buyer for amount/amounts already paid, following their acceptance of this agreement and the transfer of the first payment regardless of reasons or circumstances; in the event the buyer no longer wants to proceed with the completion of the purchase of the domain name at a later date for whatever reason or they fail to make remaining payment due for any reason.
(d) Should the buyer fail to meet the agreed payment or scheduled payment due date/dates, and unless otherwise agreed with the seller in writing at such a time, the buyer must immediately transfer the domain name registration back into the name of the seller. Should usage of the domain name by the buyer or associated party before full payment is received have been agreed, they must cease their use of the domain name immediately; until such time as they can fulfill all their outstanding obligation/s for completing payment or completing the specific payment due and outstanding under any payment schedule, or until otherwise authorised by the seller. This will also include at this point settlement of any additional charges that may have arisen as a consequence of delayed payment in accordance with paragraph 3(e) below.
(d) Upon agreement of sale exact payment method and terms will be agreed. Where the transfer of registration of the domain name is agreed to be carried out before payment or full payment (for example following a deposit or a schedule to pay in installments), failure to pay the final payment or the next payment due in the schedule within two weeks of the specified due date signifies breach of contract and may result in the transfer being revoked and legal action being taken. Following this date and where no other action has been taken and whilst the domain name control and or registration remains in the hands of the Buyer, interest will be chargeable on the amount due for each day it remains outstanding at a rate of 2.5% per month from the due date until cleared payment is received; or until, in the instance of other action the domain name registration is restored to the Seller. In all cases when two weeks from the due date has passed a compensation charge of £150 will also be levied against the buyer to cover additional time and administrative costs incurred in trying to obtain the payment. Should circumstances mean transfer of the domain name back to the seller is required there will be an additional £250 compensation and administration charge made to cover administration, and transfer costs and additional expenses incurred in the transfer of the domain name back to the seller. In addition the Buyer will also be come liable to Seller to reimburse him for any legal costs he may have incurred in completing this action.
3. The buyer hereby agrees to:
(a) Complete all their responsibilities in the transfer of the domain name, this entails all the administration tasks in this process that cannot be provided by IMO International; including but not limited to completion of the online transfer procedure with Nominet UK.
(b) Abide by the payment schedule and payment method set out in their sale agreement. All payments should be instructed by the buyer in order to be received by the seller in their bank account no later than the agreed date or dates set out in the payment schedule.(c) Fully adhere to and respect all other terms and provisions of their Domain Name Sales Contract.
(d) Cooperate in the procedure of transfer of the domain name back to the seller, and perform any necessary steps asked of them in order to fulfill this action in accordance with 2(b) above, should they be unable to meet any of their responsibilities detailed in 3(a), 3(b) and 3(c) above.4. Additional Terms
(a) Sold domain names will remain under our IMO registrar unless transfer away from IMO to another registrar is requested. By default they will be placed on our standard managed registration plan, this service will be free of charge until the end of the current registration period of the domain name whereafter it will be billed at a standard rate of £29.95 / year for all domains (.uk domains 2 years at a time). Where the domain name expiry date is with in 6 months of the the date of sale for .uk domain names or 3 months for .com domain names and other extensions there will be no charge for the first year of this service and the charge will become due the following year.
This service will be renewed 90 days prior to end of the current registration term of this domain name when the domain will automatically be renewed on the customers behalf. If you wish to cancel this service or move to another registrar please advise us before this time so as not to be liable for the charge for the following period.
Transfer away from IMO can be requested at any time and the request will be completed normally within 48 hours. There is no charge made for this transfer at any stage, although if any invoices relating to the domain name remain outstanding we would request that these are paid in full prior to the transfer of registrars being made.
This agreement is subject to English law and to the exclusive jurisdiction of the English courts.
The following General Domain Name Sale Terms and Conditions become binding on agreement of sale of the domain name. Should you wish to proceed to purchase the domain name and require any amendment to these conditions for your own Domain Name Sales Contract please discuss with the IMO staff. They will be happy to look into making modifications and amendments in order to make the agreement best suited to specific requirements and preferences.