Conversion Marketing – Domain Name Registration
Conversion Marketing is a UK limited company (referred to throughout these terms as ‘CML’ does not offer domain registration services to the general public.
Where CML acts as a registrar in respect of domain names, each registrant will have entered into a contract by the exchange of email providing the terms and conditions of such registration, which (amongst other things):-
– Includes reference to, and incorporates the relevant registry terms and conditions;
– Stipulates that any requests for changes should be made by telephone and not by email;
– Advises that the cost of registration is £9.99+vat per year, with a minimum term of 2 years.
– Advises that domain renewals are charged at £9.99+vat per year with a minimum term or 1 year.
– Advises that transfers into the CML Tag are free, Transfers to another Tag are charged at £10.00+vat, per domain.
– Advises that domain names will normally be held to auto-renew unless the registrant advises otherwise;
Nominet UK – Additional Requirements
In addition, Nominet UK (the registry for .uk domain names) require that the following information is published on a website:-
CML’s contact details are:-
The Old Library Church Road,
Tel: 0800 228 9122
We endeavour to return all telephone calls, emails or voicemails within one working day, which would constitute an “acknowledgement of the communication”, we will respond in any event within 3 business days.
In the unlikely event of any formal complaint, it should be sent by recorded delivery post to the above address and will be responded to within 3 working days of delivery. If this is not resolved satisfactorily, it will most likely be in the best interests of all parties if the domain(s) were transferred elsewhere. Upon receipt of a bonafide instruction from a complaining registrant, we will promptly “retag” the domain(s) without charge. Registrants may, of course, escalate any complaint to Nominet.
Finally, notwithstanding that the terms of conditions preclude email, we are required to publish an email address here, which is email@example.com Any abuse matters should be sent to the traditional address of firstname.lastname@example.org noting that we have a “zero-tolerance” policy for any network abuse from our users as stipulated in our terms and conditions.
Expired Domain Terms and Conditions
In the event that a domain name is not renewed by its expiry date, it shall cease to operate and shall be deemed to have been “expired”.
A domain name shall expire if CML is unable to take payment via the method stored on your CML account or the customer fails to manually renew the domain name.
It is the customer’s responsibility that the email address stored on the CML account is up to date and is able to receive renewal reminders from CML.
The customer acknowledges that thirty (30) calendar days after the date of expiration CML may in its sole discretion carry out the following actions:
– Renew the domain name;
– Park the domain name on different Name Servers from those set by the customer including the CML Name Servers;
Following the expiration of the domain name, the customer acknowledges that they have up to 30 days to contact CML to retrieve and renew the domain name where applicable at the registry and that the customer pays for said renewal.
On receipt of the Renewal Fee by CML within the 30 day period, the customer will retain ownership of the requested domain and as soon as reasonably practicable we shall restore the requested domain to your control panel. The customer acknowledges that 30 calendar days after the date of expiration CML may at its sole discretion carry out the following actions:
– Auction the domain name
– Change the Contact Details
– Transfer the domain name
If CML do not receive the renewal fee within the 30 day period stipulated above CML may at its discretion terminate the agreement and change ownership of the requested domain.
CML endeavours to renew domain names on behalf of the customer. However, we make no guarantees that all attempted renewals will be successful and it is the registrant’s responsibility to check the WHOIS database to ensure their domain name has been renewed.
How to File a Complaint
CML are committed to ensuring our customers receive a high standard of service. We also appreciate that sometimes issues arise that need to be addressed. Your comments are important to us. We rely on feedback from our customers to identify the root causes of complaints. This allows us to try to quickly put things right for you and ensure improvements are made.
Step 1: Contacting us
If you have a complaint about any aspect of our service, then we would like to hear from you. Most outstanding issues can be resolved informally by discussing the issue with a member of staff so please do reach out to speak to us first over the phone. Rest assured that whoever deals with your query will aim to resolve any outstanding issues and reach an amicable resolution as quickly as possible.
Step 2: Escalating the issue
If the person helping you is unable to help you reach a satisfactory solution then please ask to speak to the Operations Director or the Managing Director, but please bear in mind that they may not be immediately available as senior management have to attend meetings on and off-site, and may not be immediately available. If either of these people is not available please request a callback, additionally please ask for either or both email addresses and send an email requesting contact.
Raising an Appeal
If after discussing any concerns you are dissatisfied with any aspect you can lodge an appeal by writing to the below address, detailing your account details and the unresolved complaint.
The Old Library Church Road,
Your complaint will be acknowledged in writing or via telephone within three working days of receiving the complaint. An internal investigation will be undertaken into the issues raised and comprehensive response will be issued within 10 working days.
If the issue is complex then it may take longer to respond fully so we will provide an overview of the issue, our course of action to fully investigate it and the timescale that may take so you are fully informed of the anticipated comprehensive response if this is a process that requires deep investigation we will provide intermediate updates every 10 business days to ensure you are fully informed.
UK Domains Dispute Policy
According to Nominet, an Abusive Registration means a Domain Name which either:
- was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant’s Rights; OR
- has been used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant’s Rights;
Complainant means a third party who asserts to us the elements set out in paragraph 2 of this Policy and according to the Procedure;
Contract means the contract between us and the Respondent, made up of our Terms and Conditions, the Rules for .uk domain and sub-domains, this Policy and the Procedure;
Days means unless otherwise stated any day other than Saturday, Sunday or any Bank or public holiday in England and Wales;
The decision means the decision reached by an Expert and where applicable includes decisions of an appeal panel;
Dispute Resolution Service means the service provided by us according to this Policy and the Procedure;
Domain Name means a domain name registered in any sub-domain of the .uk domain;
Expert means the expert(s) we appoint under paragraphs 8 or 18 of the Procedure and references to Expert where applicable also refer to the Experts appointed under paragraph 18 of the Procedure;
Informal Mediation means impartial mediation which we conduct to facilitate an acceptable resolution to the dispute;
ISP means the internet service provider through which the Domain Name in dispute has been registered or is hosted; Party means a Complainant or Respondent and ‘Parties’ has a corresponding meaning;
The procedure means the Procedure for the conduct of proceedings under the Dispute Resolution Service;
Respondent means the person (including a legal person) in whose name or on whose behalf a Domain Name is registered and against whom the Complainant makes a complaint;
Rights include, but is not limited to, rights enforceable under English law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant’s business;
We means Nominet UK (company no. 3203859) whose registered office is at: Minerva House, Edmund Halley Road, Oxford Science Park, Oxford, OX4 4DQ, United Kingdom and us and our have corresponding meanings.
Dispute Resolution Service
- A Respondent must submit to proceedings under the Dispute Resolution Service if a Complainant asserts to us, according to the Procedure, that:
- The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and
- The Domain Name, in the hands of the Respondent, is an Abusive Registration.
- The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities.
Evidence of Abusive Registration
- A non-exhaustive list of factors which may be evidence that the Domain Name is an Abusive Registration is as follows:
- Circumstances indicating that the Respondent has registered or otherwise acquired the Domain Name:
- primarily for the purposes of selling, renting or otherwise transferring the Domain Name to the Complainant or to a competitor of the Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly associated with acquiring or using the Domain Name;
- as a blocking registration against a name or mark in which the Complainant has Rights; or
- primarily for the purpose of unfairly disrupting the business of the Complainant;
- Circumstances indicating that the Respondent is using the Domain Name in a way which has confused people or businesses into believing that the Domain Name is registered to, operated or authorised by, or otherwise connected with the Complainant;
iii. In combination with other circumstances indicating that the Domain Name in dispute is an Abusive Registration, the Complainant can demonstrate that the Respondent is engaged in a pattern of making Abusive Registrations; or
- It is independently verified that the Respondent has given false contact details to us.
- Failure on the Respondent’s part to use the Domain Name for the purposes of e-mail or a web-site is not in itself evidence that the Domain Name is an Abusive Registration.
How the Respondent may demonstrate in its response that the Domain Name is not an Abusive Registration
- A non-exhaustive list of factors which may be evidence that the Domain Name is not an Abusive Registration is as follows:
- Before being informed of the Complainant’s dispute, the Respondent has:
- used or made demonstrable preparations to use the Domain Name or a Domain Name which is similar to the Domain Name in connection with a genuine offering of goods or services;
- been commonly known by the name or legitimately connected with a mark which is identical or similar to the Domain Name;
- made legitimate non-commercial or fair use of the Domain Name; or
- The Domain Name is generic or descriptive and the Respondent is making fair use of it.
- Fair use may include sites operated solely in tribute to or criticism of a person or business, provided that if:
- the Domain Name (not including the first and second level suffixes) is identical to the name in which the Complainant asserts Rights, without any addition; and
- the Respondent is using or intends to use the Domain Name for the purposes of a tribute or criticism site without the Complainant’s authorisation then the burden will shift to the Respondent to show that the Domain Name is not an Abusive Registration.
- After we have received the Parties’ submissions under the Procedure, we will initiate and conduct a period of Informal Mediation under paragraph 7 of the Procedure.
Appointment of Expert
- If an acceptable resolution cannot be found by Informal Mediation we will notify the Parties that we will appoint an Expert when the Complainant has paid the applicable fees set out in paragraph 21(a) of the Procedure and within the time specified in paragraph 21(c) of the Procedure. The Expert will come to a written Decision.
Notification and Publication
- We will communicate a Decision to the Parties according to paragraph 17 of the Procedure and will publish all Decisions in full on our web site.
- Fees are payable by the Complainant or otherwise according to paragraph 21 of the Procedure only if an acceptable resolution has not been reached by Informal Mediation and once we have notified the Parties that an Expert is to be appointed.
Exclusion of Liability
- Neither we nor our directors, officers, employees or servants nor any Expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.
Appeal and Availability of Court Proceedings
- Either Party will have the right to appeal a Decision under paragraph 18 of the Procedure. The appeal panel will consider appeals both on the basis that a matter is re-examined on the facts, and that procedure has not been correctly followed.
- We may refer questions of interpretation of the Policy and Procedure to the appeal panel. Any decision rendered as a result of our referral will not affect any Decision previously made under the Dispute Resolution Service.
- We will publish decisions of the appeal panel. Appeal decisions will not have precedent value but will be of persuasive value to Experts in future decisions.
- The operation of the Dispute Resolution Service will not prevent either the Complainant or the Respondent from submitting the dispute to a court of competent jurisdiction.
Implementation of Expert Decisions
- If the Expert makes a Decision that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, we will implement that Decision by making any necessary changes to the Register according to the process set out in paragraph 17 of the Procedure.
Other action by us
- We will not cancel, transfer, activate, deactivate or otherwise change any Domain Name registration except as set out in paragraph 10 above and as provided under [paragraph 8] of the Terms and Conditions.
Transfers During a Dispute
- A Respondent may not transfer a Domain Name registration:
- whilst proceedings under the Dispute Resolution Service are ongoing in relation to the Domain Name or for a period of ten (10) Days after their conclusion, unless to the Complainant as a result of a settlement reached between the Parties and approved by us whether or not pursuant to Informal Mediation; or
- whilst a court proceeding or arbitration in respect of the Domain Name registration is ongoing in a court of competent jurisdiction.
We reserve the right to reverse any transfer of a Domain Name registration which does not comply with this paragraph.
- A Respondent may not without the Complainant’s consent (which the Complainant will not unreasonably withhold) transfer the hosting of a Domain Name to another ISP whilst proceedings under the Dispute Resolution Service are ongoing in relation to the Domain Name or for a period of ten (10) days after the conclusion of the Dispute Resolution Service.
Modifications to the Policy and Procedure of the Dispute Resolution Service
- The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons, we reserve the right to make reasonable modifications to the Policy and Procedure at any time. We will only do so when we have good reason. Except where we are acting in pursuance of a statutory requirement or a court order, changes will be implemented following a process of open public consultation. Each such change will be published in advance (where practicable, 30 calendar days in advance) on our web site: http://www.nominet.uk/ and will become binding and effective upon the date specified therein.
- The Respondent will be bound by the Policy and Procedure which are current at the time the Dispute Resolution Service is commenced until the dispute is concluded.
Nominet UK Terms and Conditions:
Download the full terms and conditions governing .UK registrations here:
Domain Registration, Renewal and Refund Agreement
This Domains Registration, Renew and Refund Agreement governs the terms and conditions in which You (“Client”, “You” or “Your”) register or renew domain names through CML.
You hereby agree to these terms and Conditions for Domain Registration, Renewal and Refund Agreement. The terms in this policy are supplemental to CML general service terms, and you will be bound to all of these when carrying out business with CML in regard to domain registration, renewal, refund and complaints.
You acknowledge and understand that the services in respect of domain registration and renewal are limited to forwarding the application submitted by You for registration with the relevant naming authority.
If there is any conflict within the Agreement, the terms of the Domain Registration, Renewal and Refund Agreement shall prevail.
These additional terms may be amended by CML at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days have publication.
You undertake and warrant to CML that he registration of any domain name requested by it (a “Requested Domain”) and the manner in which it is to be directly or indirectly used:
- will not infringed any third party rights; and
- is not being made in bad faith or could be considered to be an abusive registration under the relevant registration authority’s dispute policies and procedures and
- will at no time whatsoever be used for any unlawful purposes
If you wish to cancel the future renewal of domain names, You must cancel them, through your control panel or by sending an email notification to email@example.com This must be done at least 24 hours before the payment date.
You acknowledge that “payment dates” and “renewal dates” varies. For example, the payment date of an invoice for domain renewal is up to 7 days before the date of renewal for certain excepted domains.
In the event that a Domain name registered forms part of a hosting package and the package is cancelled, it is Your sole responsibility to ensure that the domain renewal is not cancelled should you wish to keep your domain.
You acknowledge that whilst CML will use its reasonable endeavours to register a Domain (Requested Domain), we will not be obliged to accept any request to register or to continue to process any registration of a Requested Domain where such as Domain has not been capable of registration.
CML makes no representations or warranties (express or implied) of any kind that a Requested Domain is available for registration or the likelihood of a registration being successful.
You acknowledge that CML cannot guarantee the reservation or registration of any Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
For the avoidance of all doubt, it shall remain Your sole responsibility to check if the Domain has been successfully registered by contacting the appropriate authority.
Upon successful registration, CML will use reasonable endeavours to notify you of any renewal dates via the email address provided to us upon registration. This is subject to You providing CML with an up to date and valid email address.
CML will endeavour to automatically renew domain names when they are due for renewal subject to the following;
You have up to date and valid payment details stored, or you have an agreed valid credit account in place.
All domains will automatically renew for the same period that they were originally registered for by default. Please note that .UK domain names purchase through or transferred to CML will automatically renew for a period of two years.
You acknowledge that CML shall take payment for renewals up to 7 days in advance of the renewal date. In order to avoid any possible delays and ensure payment is delivered before renewal expires.
You acknowledge that when using our direct debit or credit card processing partner (Stripe) and clicking the ‘Agree and Continue’ button, You agree to consent and to use GoCardless or Stripe for future payments to CML and that these payments will be made in accordance with the terms of the User Agreement applicable to “pre-approved payments”.
You acknowledge that payment will be taken from the Payment method you last used on the account. This could be the last credit or debit card used, or direct debit payment. It is Your responsibility if You wish to select or change a different payment source.
CML endeavours to confirm payments made on the day that Your domain name is due to expire.
You acknowledge that CML have the discretion to vary the renewal rates from time to time without prior direct notice to You.
CML accepts no responsibility for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
In the even that a domain is not renewed by its expiry date it shall cease to operate and shall be deemed to have been “expired” as per our expired domains terms and conditions.
If CML receives a request from the Client to renew the domain name(s) after the 30 day period, the Client agrees to pay £75.00 redemption fee. All prices exclude VAT (charged at 20%), together with any renewal fee due.
CML will issue You an expiry notice for Your domain name no more than 30 days prior to its expiry.
You acknowledge that invoiced domain registrations and/or renewals are non-refundable in whole or in part if the contract is terminated by You.
CML will not refund to you the cost of registering a domain name after You have submitted a domain ne application form, provided that the domain has been registered with the appropriate registrar. This is due to the bespoke nature of domain names. Domain names are personalised to the Your specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities.
Further to the above, .UK domain names may be refunded within 5 days of the invoice being created but notification must be made to us. Such refunds are at the discretion of CML.
CML makes no representations as to how long refunds will be processed.
You acknowledge that CML is unable to change or edit the spelling of any domain name after you have registered it and is not liable to refund any errors or omissions on Your part. For clarity, You are responsible for the correct input of the domain you request.
In the event that domains names have been misspelled in error and You have been charged for them, you may be eligible for a credit to Your account if You contact us within 3 days of registering the domain name but are not eligible for refunds. Late notifications will not qualify for any credit. You acknowledge that credit is granted at the sole discretion of CML.
Further to above, You acknowledge and understand that Domain names are not entitled periods under Regulation 13(1)(c) of the Distance Selling Regulations 2000.
If you are a business or entity or representative of a business then you acknowledge and understand that the Distance Selling Regulations 2000 do not apply to You in respect of all services provided by CML.