Terms & Conditions

Worldwide Domain Services 

Terms and Conditions

1. Introduction and General Provisions

1.1. Worldwide Domain Services Limited (“WDS”) is domain name management registered as a limited company in England and Wales under Company No. 12361684 with its registered address at 71-75 Shelton Street, London, Greater London, WCH 9JQ, United Kingdom and VAT No. 339481474;

1.2. WDS can be contacted at

Tel: +44 (0)20 3627 1211

Mail: support@namelynx.com

Website: www.namelynx.com

Postal Address:  71-75 Shelton Street, London, Greater London, WCH 9JQ, United Kingdom;

1.3. By opening a WDS Account, the User acknowledges and agrees that it has read and understood these Terms and Conditions (“T&C”) and, if applicable, the Schedules and Policies and it agrees to accept these Terms and Conditions and those in the Schedules and Policies as binding upon them. By registering a Domain Name, using the Services, the User warrants that it is authorised to act in that behalf and further accepts the terms and conditions of the Agreement as agent for and on behalf of a third party (if applicable), so that such third party is bound by the same. If the User does not wish to be bound by these terms and conditions, they must refrain from using the Services and not access the Website;

1.4. WDS makes use of Naming Authority services, which do not fall within its control. The User is therefore advised to familiarise itself with the respective terms and conditions of the Naming Authority. The Naming Authority terms and conditions can be viewed during the registration process of a Domain Name or at the website of the Naming Authority;

1.5. If any links or functionality on the Website is not working and/or defective the User is requested to contact WDS to rectify the problem and/or to request the information on that link from WDS;

1.6. The headings used in the T&C and in any Schedule are for guidance purposes only and are not legally binding. In the event of any inconsistency and/or conflict between the T&C and content of the Website, the T&C shall prevail. In the event of any inconsistency and/or conflict between the T&C and any Schedule, the provisions of the T&C will prevail. If any provisions of the Agreement are judged to have no legal force or effect then the remaining provisions shall remain valid and enforceable. Singular terms shall include plural and visa versa;

1.7. The User may not assign this Agreement or sub-contract or resell any of the Services without WDS’ prior consent. WDS may assign this Agreement and/or subcontract any of the Services;

1.8. Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to failure of any communications, telecommunications or computer system;

1.9. The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy;

1.10. Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between WDS and the User.

2. Definitions

2.1. "Agreement" means the agreement comprising the T&C, any Schedules and Policies;

2.2. “Appropriate technical and organisational measures”, “controller”, “data subject”, “personal data”, “processor”, “processing” and “supervisory authority” shall have the meaning ascribed to them in the GDPR.  (“Process”, “processed” etc. shall be construed accordingly);

2.3. “ccTLD” means a country code top level domain for example .uk, .za, .com.au, which is assigned to a specific country;

2.4. “Data” includes information (personal or otherwise), documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form;

2.5. "Designated Agent" means WDS who is explicitly authorised to approve changes, on the Registrant's behalf, to the Registrant's information appearing on the Whois in particular the Registrant name; Registrant organisation; Registrant email address and administrative contact email address, if there is no prior Registrant email address;

2.6. “DNS” means Domain Name System;

2.7. “Domain Name” means a gTLD and/or ccTLD;

2.8. “GDPR” means General Data Protection Regulation (EU) 2016/679;

2.9. “gTLD” means a generic top level domain for example .com, .net, .org, which is not assigned to any country;

2.10. “ICANN” means the Internet Corporation of Assigned Names and Numbers (www.icann.org);

2.11. "Local Presence" means a local address and/or local company information that allows the User to meet the Naming Authorities registration requirements;

2.12. "Naming Authority" shall mean the governing body for the Domain Name and/or any equivalent body registry and gateway provider responsible for particular types of Domain Names;

2.13. “Parties” shall include WDS and the User;

2.14. “Policies” shall mean all other agreements and policies other than this Agreement that is applicable to the Services;

2.15. “Prices” means the prices displayed on the Website from time to time;

2.16. “WDS’s Privacy Notice” means WDS’s privacy notice, as amended from time to time (https://www.namelynx.com/privacy-policy);

2.17. “Registrant” means the individual or organisation that is the applicant for a domain name and who shall be recorded in the Name Authorities database as the owner of a Domain Name;

2.18. “Services” includes, but is not limited to, Domain Name: searches; applications; registrations; renewals; transfers; information; Whois Privacy, Local Presence and other services rendered through the Website;

2.19. “T&C” means these terms and conditions and any annexure, directives and guidelines published on the Website from time to time;

2.20. “User” shall include any person, Registrant or its authorised agent that opens an Account or registers a Domain Name with WDS;

2.21. “Website” means www.namelynx.com including via the WDS API settings.

2.22. “Whois” means a database that contains pertinent information about a Domain Name, including but not limited to its availability, Registrant contact, technical contact, administrative contact and expiration date;

2.23. “Whois Privacy” means the substitution of the Registrant’s information with that of the Whois Privacy Provider;

2.24. “Whois Privacy Provider” means the Domain Name Brand Company Limited.

3. Amendment to Terms and Conditions

3.1. WDS reserves its right to amend the terms and conditions of the Agreement from time to time by giving thirty (30) calendar days notice or the notice required by ICANN or any Naming Authority or other relevant authority if shorter. Notice will be posted on the Website and may also be made available to the User by such additional means as determined appropriate by WDS;

3.2. The User agrees that WDS can for a valid reason change part of the Services provided under the Agreement and/or how they operate by giving like notice. If the User continues to use the Services subsequent to any amendment or revision of the Agreement, for a period of thirty (30) calendar days, the User agrees to abide and be bound by the amended or revised terms and conditions of the Agreement;

3.3. If WDS sends out email notices, WDS assumes no liability or responsibility for the User’s failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.

4. Right to Cancel – Distance Selling Regulations

4.1. If the User is a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (as amended, replaced or re-enacted from time to time) it will have the right to cancel the Agreement within seven (7) working days of the conclusion of this distance contract provided that the User has not commenced use of any of the Services of WDS. Services will have commenced upon the application, registration, transfer-in or renewal of a Domain Name.

5. License

5.1. WDS grants the User a non-exclusive, non-transferable worldwide license (“the License”) to use the Website for the rendering of the Services.

6. Performance of Services

6.1. WDS shall use its best endeavours to render the Services in accordance with accepted professional standards set by Naming Authority. WDS does not warrant or guarantee that the performance of the Services will be uninterrupted, secure or error-free;

6.2. WDS does not warrant that the Whois is correct and/or complete. Any Whois search result is given without commitment. The decision whether or not to rely on the Whois search is taken at the User’s own risk;

6.3. The accessibility to WDS of gTLD and ccTLD Whois records for search, propagation and updating purposes is limited by various factors and is restricted to those gTLD or ccTLD domain name records (or parts) that are actually available at the relevant time; WDS does not guarantee coverage of all gTLD or ccTLD domain name records or all parts of such records;

6.4. The regulations and restrictions in respect of each Domain Name is provided by WDS as a general guideline and does not constitute advice and/or a comprehensive list of all rules and regulation relating to a specific Domain Name. The User is advised to supplement the regulations and restrictions information with its own independent research via the Naming Authority or the Name Authorities terms and conditions;

6.5. The User acknowledges that it agrees to be bound by all terms and conditions of Internet Corporation for Assigned Names and Numbers (“ICANN's”) Uniform Domain Name Dispute Resolution Policy ("UDRP"), Uniform Rapid Suspension System (“URS”), Registry’s Sunrise Dispute Resolution Policy (“SDRP”), Registry’s Registrant Eligibility Dispute Resolution Policy (“REDRP”), and Registry’s Reserved Name Dispute Resolution Policy (“RNDRP”), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals, as well as any other policies adopted by ICANN from time to time;

6.6. WDS reserves its right to suspend or restrict access to, the Services for repair, maintenance and upgrades or as required by ICANN, any Naming Authority, or any other relevant authority.

7. Obligations of User

7.1. The User warrants that it has the power and authority to enter into this Agreement;

7.2. The User must comply with all reasonable instructions and requests concerning the Services;

7.3. The User agrees to provide accurate up to date information as it shall be used by WDS to notify the User of Domain Name renewals and other information relating to the Services. Inaccurate information could result in the User failing to receive important notices or reminders and adversely affecting the Domain Name;

7.4. The User agrees that it will supply full and accurate and up to date contact data and information when registering, transferring and updating a Domain Name, which WDS will require the registrant to verify by email and/or telephone. The User agrees that it will submit any corrections or updates relating to its registration information as required by ICANN and any Naming Authority;

7.5. If the User fails to respond for over fourteen (14) working days to WDS enquiries concerning the accuracy of contact details it shall constitute a material breach of this Agreement and shall be a basis for cancellation or suspension of the relevant Domain Name;

7.6. The User must:

7.6.1. keep its username, password and security phrase secure;

7.6.2. take reasonable steps in matters within its control to reduce the risk of security breaches in connection with the Services;

7.6.3. notify WDS of any security breaches; and

7.6.4. comply with WDS security checks.

7.7. The User warrants that it will not use the Services to infringe the intellectual property rights of any third party. In addition the User shall abstain from distributing malware, abusively operating botnets, phishing, piracy, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law;

7.8. The User will ensure that it or the Registrant complies with the eligibility criteria or restrictions applicable to certain Domain Names imposed by the Naming Authority and shall accept the Name Authorities terms and conditions during the registration process;

7.9. In the event that documentation is required for the registration of a Domain Name, the User undertakes to supply the relevant documents to WDS in the specified format with the applicable time period as prescribed by WDS from time to time, failing to do so shall constitute a material breach of this Agreement;

7.10. The User agrees to be held liable for all damages and actions against WDS resulting from the User’s inappropriate or illegal use or resale of the Service.  The User understands and agrees that any such activities listed below (“Restricted Activities”) associated with the User or its Account shall be deemed a material breach of this Agreement:

7.10.1. transmits unsolicited email (Spam);

7.10.2. transmits repetitive, high volume inquiries into any of the Services provided by WDS (i.e. Domain Name availability, etc.);

7.10.3. distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law; and

7.10.4. links or redirects to illegal content that:

7.10.5. is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;

7.10.6. is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party;

7.10.7. misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;

7.10.8. infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;

7.10.9. violates any applicable local, state, national or international law or regulation;

7.10.10. promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law; and

7.10.11. advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation.

8. WDS Obligations to User

8.1. WDS shall to the best of its ability render the Service in a timely and professional manner consistent with the highest industry standards.

8.2. Maintenance of, upgrades and new versions of the Account and/or Services are included in the Service. WDS will notify the User of any maintenance required to the Services within a reasonable time.

8.3. WDS will provide the User with access to:

8.3.1. 24/7/365 email and telephone support;

8.3.2. technical support; and

8.3.3. sales and marketing support where required.

9. Data

9.1. WDS may access, copy, preserve, disclose, remove, suspend or delete any Data:

9.1.1. in the event it is necessary to protect WDS or our other User’s and/or Registrant’s or the public and/or to minimize the exposure of WDS to breach of applicable law or the risk of civil or criminal proceedings and /or to respond to claims of violation of third party rights;

9.1.2. if WDS is required to do so by any applicable law or competent authority; or

9.1.3. it is otherwise permitted under this Agreement.

10. Domain Names

10.1. A Domain Name registration will usually be approved within 1 - 48 hours of placing the order if the information and documentation supplied by the User is accurate and available, or a few days thereafter depending on the Domain Name and respective Naming Authority system or registration process;

10.2. Due to the nature and infrastructure of certain Name Authorities a Domain Name registration can take some time to complete for this reason WDS does not guarantee or warrant that a Domain Name will be processed with a certain period or with the guideline mentioned above;

10.3. WDS will inform the User as soon as reasonably possible if a Domain Name registration is unsuccessful. WDS will provide feedback relating to the unsuccessful registration;

10.4. WDS will use its reasonable endeavours to register a Domain Name and but does not guarantee success. In the event that a Domain Name is not available, WDS shall allow the User to apply for another suitable Domain Name under the same extension;

10.5. No refunds shall be given once a Domain Name is registered by the User;

10.6. A newly registered Domain Name will be hosted on the WDS DNS unless WDS is otherwise notified at date of the order;

10.7. Certain Domain Names, as determined at the discretion of WDS, shall have domains@namelynx.com as the default email address for the administrative and technical contact on the Whois. The technical and administrative email addresses supplied by the User during the registration of the Domain Name shall be used by WDS to communicate any relevant information or notices to the respective contact. This clause shall also apply to all Domain Names transferred to WDS’s control;

10.8. If the User fails to supply WDS with sufficient information to register a Domain Name WDS shall, at its own discretion, supplement the information with its own;

10.9. Newly registered gTLDs cannot be transferred to another registrar within sixty (60) days of registration;

10.10. Domain names which expire are at risk of cancellation. The User is responsible for paying renewal charges to WDS;

10.11. The User must not take any action in reliance on ownership of a Domain Name until the Domain Name is recorded through the Service with the status of “Registered” and displays the registration and expiry date;

10.12. The User is bound by all present and future applicable terms and conditions, specifications, procedures, rules and policies of relevant Name Authorities. Such documents are likely to be available on the relevant Naming Authority website and in certain instances on the Website;

10.13. The Registrant and/or User agree and authorise WDS to act as the Designated Agent in respect of the Inter-Registrar Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en) for all gTLD Domain Names;

11. Whois Privacy Service

11.1. The Whois Privacy replaces the Users information with that of the Whois Privacy Provider;

11.2. If a Domain Name is transferred away to another ICANN accredited registrar the Whois Privacy information must be removed and replaced with the information of another Whois Privacy provider within two (2) days of the transfer being completed;

11.3. The User shall be legally responsible for the Domain Name while using the Whois Privacy service;

11.4. Without prejudice to any other rights or remedies which WDS may have, the User agrees that WDS shall have the right at its sole discretion to suspend or disable the Whois Privacy service without notice to the User in the event that WDS determines in its sole discretion that the Domain Name is being used for any unlawful or harmful purpose, or is forwarding users to a website or URL which is inappropriate or offensive, or infringes any third parties intellectual property rights, in order to deal with any complaint from any third party, or to comply with ICANN and/or applicable Naming Authority terms and conditions, or if the Domain Name is cited in a UDRP complaint and/or court proceeding of a local court in any jurisdiction;

11.5. The User shall indemnify and keep WDS fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of the Users obligations in clause 18.

12. Local Presence Service

12.1. The Local Presence service is provided without any guarantee express or implied. WDS and/or its agents shall not be held responsible or liable in the event that the Local Presence service no longer complies with the requirements of the Naming Authority or is no longer available to the User;

12.2. The User understands and accepts that the Local Presence may only be provided for domain names registered with WDS. The User consequently accepts that in order to transfer away a Domain Name using a Local Presence service to another Registrar, the User must first appoint a new local presence, recorded on the Whois, before initiating the transfer;

12.3. WDS retains the right to suspend temporarily or definitely the provision of the Local Presence service at any time. It is the Users sole responsibility to take any required measures to ensure that they comply, by their own means, with the Naming Authorities registration requirement. The User understands and agrees that failing to do so may lead to the suspension of the Local Presence service and potentially the deletion of the Domain Name and that WDS and/or its agents cannot be held liable for such deletion;

12.4. The User undertakes not to use the Local Presence service for any illicit or fraudulent purposes and more generally in any manner breaching these T&C's;

12.5. The User understands that any improper use of the Local Presence service will result in the immediate and without prior notice deletion of the Domain Name using this service as well as the complete suspension of the User's Account if WDS deems it necessary;

12.6. The User accepts that neither WDS nor its agents whose services are used to provide the Local Presence service can be held liable for the use of the Domain Name by the User;

12.7. The User undertakes to hold harmless WDS and/or its agents of the Local Presence service against any claim and/or suit from any third party based on or arising from the User's use of the Domain Name. The User will fully indemnify WDS and/or its agents for any direct or indirect damages including but not limited to, all administrative, judiciary or extra judiciary costs incurred by WDS and/or its agents by the User's use of the Domain Name.

13. Domain Name Renewal / Deletion / Restore (Redemption)

13.1. WDS shall notify the User of the renewal, deletion and redemption of a Domain Name via the most recent email address it supplied to WDS on the Website;

13.2. WDS will not renew domain names if the User has not responded to the renewal notification. Renewal notifications are sent to the User at the following intervals prior to the expiry of the Domain Name:

13.2.1. Three months, two months, one month, one week and every day during the last week of the registration period.

13.3. The WDS renewal service does not apply to Domain Names where WDS is not named as a billing contact on the Whois immediately prior to the renewal date;

13.4. The onus is on the User to renew the Domain Name using the Services. If the Domain Name is not renewed before the expiry date it will cease to functions and thereafter shall be subject to deletion by the applicable Naming Authority according to its rules and regulations and/or terms and conditions, which is not more than 44 days after the expiry date;

13.5. If the User wants to restore an expired Domain Name an email request must be sent to domains@namelynx.com. WDS will process the request, if the Domain Name has not been deleted, after the User has paid the restoration fee as set out in its Account;

13.6. Domain Names on automatic renewal will renew automatically 30 before the expiry date of the Domain Name. The User shall ensure that they have sufficient funds in their Account to cover the renewal fee of the Domain Name. If the User does not have sufficient funds to automatically renew a Domain Name, WDS will send out a notice to the User informing them of their insufficient credit balance;

13.7. WDS is not liable for any loss of service, damage or disruption to Domain Names that have passed their expiry date or not renewed.

14. Transfer Away from WDS

14.1. In the event that WDS incurs costs in transferring a domain name out of its control such costs including bank charges will be passed on to the User, which is payable by the User before the transfer is initiated;

14.2. All invoices in relation to a Domain Name must be paid in full before transferring it away.

15. Email Forwarding

15.1. The User warrants that it will not itself or allow any other third party to use either the email forwarding service:

15.1.1. for spamming, which includes but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list; or

15.1.2. in any way whatsoever which would contravene any applicable legislation or the generally accepted rules for Internet and email usage.

15.2. Since the email forwarding service is free of charge to the User, WDS reserves the right to terminate this service, at its sole discretion upon providing the User thirty (30) days written notice;

15.3. The User shall indemnify and keep WDS fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of the Users obligations in this clause.

16. URL Forwarding

16.1. WDS may make available to the User upon its request a URL forwarding service in respect of a Domain Name registered through the Service. This service comprises the automatic forwarding of Internet users who type in the User’s Domain Name in the address bar of their Internet browser, to another domain name designated by the User;

16.2. Without prejudice to any other rights or remedies which WDS may have, the User agrees that WDS shall have the right at its sole discretion to suspend or terminate the URL forwarding service without notice to the User in the event of any breach of the User’s obligations, or if WDS determines in its sole discretion that the URL forwarding service is being used for any unlawful or harmful purpose, or is forwarding users to a website or URL which is inappropriate or offensive, or infringes any third parties intellectual property rights, or in order to deal with any complaint from any third party in relation to the URL forwarding involved in the User’s URL forwarding service;

16.3. The User shall indemnify and keep WDS fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of the Users obligations;

16.4. Since the URL forwarding service is free of charge to the User, WDS reserves the right to terminate this service, at its sole discretion upon providing the User thirty (30) days written notice;

16.5. Domain Name registered using the Services may be pointed by WDS to the Website if the User makes use of WDS DNS and not the URL forwarding service. If the User does not wish its Domain Name to forward to the Website, the must change the DNS to those other than those of WDS.

17. Prices

WDS may vary Prices for the Services upon providing the User with at least thirty (30) days written notice to this effect.

18. Payment

18.1. The User shall pay all fees (together with VAT and all bank charges, if applicable) as specified in the WDS price list available in its Account;

18.2. The User shall make payment via the credit card payment system. All payments shall be made in advance unless agreed otherwise in writing by WDS;

18.3. Payments are made without deduction or set-off and time for payment shall be during the registration process;

18.4. All fees are non-refundable unless otherwise stated;

18.5. The User shall not receive a refund for misspelled or inaccurate Domain Names;

18.6. WDS may increase the fees listed on the Website by providing the User one (1) month’s written notice;

19. Limitation of Liability and Indemnity

19.1. The User hereby declares that it has accepted the terms of the Agreement in the knowledge that the liability of WDS is limited and the charges payable for the Services have been calculated accordingly.

19.2. The use of the Website and the Services is at the User’s own risk.

19.3. Nothing in this clause (and any other clause excluding or restricting our liability) applies to WDS directors, officers, employees, subcontractors, agents and affiliated companies;

19.4. Our liability in contract, tort (including negligence) or otherwise in connection with this Agreement or the Services for any one event or series of related events is limited to 125% of the fee WDS received for the relevant Service in the twelve (12) months before the event(s) complained of;

19.5. In no event (including WDS’s own negligence) will WDS be liable for any:

19.5.1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

19.5.2. loss of goodwill or reputation;

19.5.3. special, indirect or consequential losses; or

19.5.4. damage to or loss of Data even if WDS have been advised of the possibility of such losses.

19.6. In no event may the User bring any claim against WDS more than twelve (12) months after The User knew of (or ought reasonably to have discovered) the event(s) giving rise to the potential liability;

19.7. WDS has no liability for any third-party goods and services or towards third parties generally;

19.8. WDS has no liability if access to the Services, or any of them, is temporarily suspended or restricted by the Naming Authority;

19.9. To the extent allowed by law, WDS exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in this Agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose;

19.10. The User will indemnify WDS and all Naming Authorities (including WDS and its directors, officers, employees, subcontractors, agents and affiliated companies) against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to the Users registration of or use of its Domain Name, its use of the Services or breach by it of this agreement;

19.11. The User will also indemnify, defend and hold harmless the Naming Authority and VeriSign Inc, its wholly owned subsidiaries ("VNDS")" and its directors, officers, employees, agents, and affiliates as well as the relevant Naming Authority from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

20. Collection, Use, and Privacy of Information

20.1. All Users are provided with a copy of WDS’s current Privacy Notice when they open an Account and, thereafter, are notified of any amendments to the notice from time to time;

20.2. WDS will process Users’ (and, where applicable, Users’ representatives’) personal data in accordance with WDS’s Privacy Notice;

20.3. The User warrants that it will:

20.3.1. provide a copy of the Privacy Notice (and any amended version thereof from time to time) to each of its representatives who provide their personal data to WDS from time to time; and

20.3.2. comply with all provisions of this clause in its agreement.

20.4. Where a User registers, updates and/or transfers a Domain Name (or update the registration data associated with a Domain Name) and this requires the transfer of personal data outside of the European Economic Area (as discussed in the guidance which accompanies WDS’s privacy notice), in the event that:

20.4.1. the User provides WDS with the personal data of a third party (being an individual), the User warrants that that third party had consented to this transfer, understanding the possible risks of this transfer for the User due to the absence of and if the User is an individual and provides its own personal data for that registration/update, the User confirms that it consents to this transfer, both understanding the possible risks of this transfer for the User due to the absence of:

20.4.2. a decision by the European Commission deeming the country (to which the data are to be transferred) to provide an adequate level of protection for personal data; and

20.4.3. appropriate safeguards for the protection of personal data in the country to which the data are to be transferred;

20.4.4. the User providing WDS with the personal data of a third party (being an individual), the User warrants (legally promises) that that third party had consented to this transfer, understanding the possible risks of this transfer for the User due to the absence of:

20.4.4.1. a decision by the European Commission deeming the country (to which the data are to be transferred) to provide an adequate level of protection for personal data; and

20.4.4.2. appropriate safeguards for the protection of personal data in the country to which the data are to be transferred; Furthermore, the User warrants (legally promises) that such consent was freely given, specific, informed and unambiguous and, in any event, meets the requirements of Article 49(1)(a) of the GDPR.

20.5. Without prejudice to clause 20.4, above, in the circumstances specified in clause 11.4 above, WDS may transfer provided personal data of the owner of the relevant Domain Name (or that of any third party specified in the registration information for that Domain Name) outside of the European Economic Area and where:

20.5.1. the User is an individual and has provided its own personal data, the User confirms that it consents to this transfer, understanding the possible risks of this transfer for the User due to the absence of:

20.5.1.1. a decision by the European Commission deeming the country (to which the data are to be transferred) to provide an adequate level of protection for personal data; and

20.5.1.2. appropriate safeguards for the protection of personal data in the country to which the data are to be transferred;

20.5.2. the User provides WDS with the personal data of a third party (being an individual), the User warrants (legally promises) that that third party had consented to this transfer, understanding the possible risks of this transfer for the User due to the absence of:

20.5.2.1. a decision by the European Commission deeming the country (to which the data are to be transferred) to provide an adequate level of protection for personal data; and

20.5.2.2. appropriate safeguards for the protection of personal data in the country to which the data are to be transferred; Furthermore, the User warrants (legally promises) that such consent was freely given, specific, informed and unambiguous and, in any event, meets the requirements of Article 49(1)(a) of the GDPR.

20.6. Without prejudice to clauses 20.4. and 11.4. above, where a User provides WDS with their own personal data or the personal data of a third party (being an individual) for any particular purpose(s), which may include (without limitation):

20.6.1. registering a Domain Name or changing the registrant, admin and/or technical information associated with a Domain Name (including the public display of their name on a Whois);

20.6.2. it consents (or that third party has consented) to the use of their personal data for those purpose(s); and

20.6.3. such consent is (or was) freely given, specific, informed and unambiguous (as such terms are used in the GDPR).

20.7. In the circumstances described in the guidance which accompanies WDS’s Privacy Notice WDS will be acting as a processor.  In respect of the personal data so processed

20.8. Without prejudice to the foregoing, the User shall provide contact information for Domain Name registrations (the “Contact Information”) that is correct and accurate and inform them that the Contact Information in whole or in part is to be shared with the Registry for their use, copying, distribution, publication, modification and any alternate use provided for in their respective Registry policies. 

21. Termination

21.1. WDS or the User may terminate this Agreement (as regards some or all of the Services) at any time for any reason by giving thirty (30) days written notice;

21.2. WDS or the User may terminate this Agreement (as regards some or all of the Services) immediately on written notice if the other:

21.2.1. commits a material breach of this Agreement and, if remediable, having received from the other party written notice stating the intention to terminate the Agreement if not remedied, fails to remedy the breach within fourteen (14) days; or

21.2.2. is subject to a resolution for winding up or a petition for bankruptcy or liquidation or proposes or enters any arrangement or composition with assignment with or for creditors or a receiver or liquidator or trustee in bankruptcy is appointed over it or any of its assets or any similar circumstances.

21.3. WDS may also terminate this Agreement (as regards some or all of the Services) and/or suspend some or all of the Services immediately on written notice:

21.3.1. in the event it is necessary to protect WDS or our other customers or the public and/or to minimize our exposure to breach of applicable law or the risk of civil or criminal proceedings and /or to respond to claims of violation of third party rights;

21.3.2. if the User has otherwise breached this Agreement including non-payment;

21.3.3. if WDS is required to do so by any applicable law or competent authority;

21.3.4. if the User does not comply with the provisions of clause 8.

21.3.5. it is otherwise permitted under this Agreement.

21.4. The consequences of termination of this Agreement or suspension of Services include:

21.4.1. WDS immediately stopping the supply, termination of access to, the relevant Services - this may involve irretrievable damage to or loss of data generated, stored, transmitted or used via or in connection with the Services and / or WDS may destroy any such data;

21.4.2. termination of the license granted by WDS;

21.4.3. any fees due remain payable and, if already paid, will be non-refundable unless:

21.4.3.1. User has cancelled this Agreement in accordance with the Distance Selling Regulations and subject to clause 20; or

21.4.3.2. WDS has terminated this Agreement under clause 20.1 or 20.2 (excluding domain registration and renewal fees paid to registries); or

21.4.3.3. accrued rights and liabilities will be unaffected.

21.5. The clauses in this Agreement which are expressed or intended to survive the termination of this Agreement shall survive.

22. Intellectual Property Rights

22.1. WDS retains ownership of all intellectual property rights relating to development or supply of the Services including all methodologies, know-how and processes used and in any information, reports, documents, software or other Data created by WDS as part of the Services (together described below as "the Materials");

22.2. WDS grants the User a non-exclusive license to use, store and view on your internal computer network strictly for reasonable business or personal use that form part of the Materials WDS make available to the User. The Materials may not be otherwise used, copied or transmitted without our prior written consent;

22.3. Worldwide Domain Services is a registered trademark. The User is not entitled to use the Worldwide Domain Services trademark without the prior written consent of WDS;

22.4. The User agrees not use any copyrights, trademarks, service marks, or other intellectual property owned by WDS or displayed on WDS’s website without the prior written consent of WDS.

23. Domain Name Disputes

23.1. In the event of a domain name dispute WDS and User agree to abide by the applicable Name Authorities domain name dispute resolution policy in addition to abiding by any interim instruction given by the relevant Naming Authority and/or legal authority;

23.2. The parties shall attempt to resolve any disputes between them prior to litigation.

24. Commencement and Duration

24.1. The provisions of this Agreement will commence immediately when the User accepts the terms and conditions as part of the User Account registration processes. The duration in respect of the Services shall be subject to duration of the Services.

25. Force Majeure

25.1. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, power outages, labour shortage or dispute, governmental act or failure of the Internet, government foreign policy changes, or foreign domain administrator policy changes or any other reasonable force majeure event.

26. Jurisdiction

26.1. The Agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.

27. Domain Name Extensions

27.1. WDS offers over 400 Domain Name extensions for registration each with its own terms and conditions. Each Domain Name may be subject to additional terms and conditions.

By accepting these terms and conditions you agree that you have read, understand and agreed to the Domain Name Policies, that may be published by WDS or the Naming Authority from time to time.

Please visit the ICANN link to the Registrants' Benefits and Responsibilities Specification at https://www.icann.org/resources/pages/benefits-2013-09-16-en.