.WALES and .CYMRU Domain Names Terms

Part A

General .WALES & .CYMRU Terms and Conditions

These terms apply to all new and existing Clients of Heart Internet seeking to register a .WALES & .CYMRU domain name.

Applications are at the discretion of the registry in accordance with their terms and conditions.

Heart Internet does not take responsibility for any unsuccessful applications based on incorrect information entered by Clients.

Clients acknowledge and understand that renewals will charge at the standard price as found on the Heart Internet site.

Pre-orders may not be cancelled.

After the Launch Date Heart Internet shall cease to offer the pre-order service for .WALES & .CYMRU domain names.

Affiliate payments will not be paid out on the purchase of the .WALES & .CYMRU domain name(s).

Clients acknowledge that .WALES & .CYMRU domains purchased through Heart Internet do not come with a WHOIS Privacy service.

Clients acknowledge that .WALES & .CYMRU domains fall under the Priority Order set out by the Registry. These include:

  • Priority 1: Sunrise
  • Priority 2: Welsh Business Priority
  • Priority 3: Landrush Period
  • Priority 4: General Availability

Sunrise applications will have priority over any other applications submitted during the Landrush Priority Period; Priority 1 will have priority over all other Priority phases (2, 3 and 4). Priority 2 will have priority over Priority 3 and 4 and so on so forth.

Clients acknowledge and understand that in some applications a “Validator” (.WALES & .CYMRU Registry’s validation service provider) may contact the Client in order to validate the application to register their requested domain name during any of the various Priority Periods above.

Heart Internet’s pre-order process of .WALES & .CYMRU domain names is subject to the Heart Internet Ltd Terms & Conditions and the Heart Internet nTLD applications terms. If there is any conflict between these terms and the general terms, then the terms set out herein shall prevail.

Heart Internet reserves the right to end this service, extend this service and or amend the terms and conditions of this service at any time without the prior notice or consent of the Client. Reasonable usage applies.

PART B

Sunrise

The term “sunrise” or “sunrise period” relates to the period of time during which applications to pre-register a .WALES & .CYMRU domain may be submitted by Clients who are trademark owners that have entered their trademarks into ICANN’s Trademark Clearinghouse.

Documentary evidence may be required to contain at least an up-to-date:

Electronic copy of an official document issued by the corresponding trademark office or trademark registry

And / or

Extract from an official online database operated by the corresponding trademark office registry.

The Sunrise period will end on 31 October 2014

Welsh Business Priority Period

Clients who are trademark owners but are not entered into ICANN’s Trademark Clearing house (i.e. UK trademarks, EU Community trademarks, and WIPO International trademarks with effect in UK) and have Geographical Indication may apply for a domain name during this period. For the avoidance of doubt, Geographical Indication shall be “a sign used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin”.

Clients acknowledge that applications under this category will be individually and thoroughly validated by either the Registry Operator or CORE Association as an agent of the Registry Operator.

Trademarks will be validated in the following ways:

Geographical Indications will be validated in the following ways:

  • The applicant supporting its application on a geographical indication must indicate and prove that such geographical indication is recognized by an International treaty, Scottish or British legislation.
  • Geographical Indications will be individually verified with the aid of the DOOR Database, at the official database maintained by the European Commission and containing all EU PDOs, PGIs and TSGs, searchable by country (and hence, containing all those relevant for Wales) for those created under EU Regulations, or by the relevant UK or Scottish sources of verification.

Documentary evidence can come in the one or more of the following ways:

  • Dated advertising and marketing materials;
  • Links to websites, screenshots from websites;
  • Headed and dated stationary, receipts, invoices;
  • Dated photographs or scans of product labels, tags etc.
  • A signed declaration of use by a UK solicitor or trademark attorney.

If no documentary evidence is received by the validation agent within 14 days of a request, the pre-order can be deemed not validated by the registry. It is the sole responsibility of the applicant to ensure these requirements are complied with.

Should there be more than one eligible application for the same domain in this category; the contention will be solved through an auction process. No other contention resolution criteria (like allocation based on a first-come first served basis, or taking into account the nature of business or enterprise, the class of goods and services or jurisdiction of the trademark on which the application is based) will apply. All decisions are final and non-negotiable.

The Welsh Business Priority pre-orders are only available up until 24 December 2014

Welsh Business Priority pre-orders will be charged at £80 non-refundable admin fee+ £10.99 per year, excluding VAT.

Clients are entitled to a refund of £10.99 only where the pre-order is unsuccessful.

Clients are allowed multiple WBP pre-orders for the same domain name.

WBP pre-orders can only be fulfilled if the domain name in question was not registered during Sunrise.

Landrush (“LR”)

The Landrush Period shall run until 25 February 2015 12:00.

The Landrush Limited Registration Period is the period during which any interested party shall have the opportunity to submit one or more applications for .WALES & .CYMRU domain names that were not previously allocated under the Limited Registration Periods above, or otherwise reserved by the Registry Operator.

LR pre-orders will be charged at £30 non-refundable admin fee+ £10.99 per year, excluding VAT.

Clients will be entitled to a refund of £10.99 only where LR pre-order is unsuccessful.

In the event that more than one applicant has submitted an application for the same domain name within this category, the successful applicant will be determined by auction.

Clients agree that validation of domain and auction is totally under the control of the registry, not under the control of Heart Internet. And we only get notified by the registry about the outcome and act accordingly.

All decisions are final and non-negotiable.

General Availability

General Availability is scheduled to begin on 1st March 2015.

At point of General Availability launching, the Sunrise and Limited Registration Periods will no longer apply and anyone will be able to register for any available .WALES & .CYMRU domain name on a first-come, first-served basis.

General Availability pre-orders will appear as available only if no pre-orders were placed for the same domain name during the Sunrise or Limited Registration Periods, or there is no existent pre-order placed for the domain name already.

Only one General Availability pre-order per domain name can be placed by Heart Internet Users;

Clients will be charged for successful registration of their Pre-Ordered domain. These fees paid are non-refundable. Clients acknowledge that whilst Heart Internet will use its reasonable endeavours to Pre-Order a required domain, Heart Internet does not accept any liability if the relevant Registry (for whatsoever reason) is incapable of registering the domain name.

Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that we may have taken in deposit for a Pre-Order. Clients acknowledge that Pre-Orders for General Availability are not live registrations and therefore Heart Internet cannot guarantee that we will secure any Domain Name(s). All applications made during the General Availability Pre-Order period are done so at the Client's own risk and Heart Internet will not be held liable for any Domain Name(s) that are not secured during General Availability.

Clients agree:

  1. and acknowledge that when making a Pre-Order for General Availability, the Client's nominated payment card in their Heart Internet account will be preauthorised up to 7 days before General Availability commences so that the Client's order can be passed to the relevant Registry. In the event that PayPal is the nominated payment method, the Client's PayPal account will be charged at the point of order;
  2. and acknowledge that it is the Client's responsibility to keep their details up to date and accurate during this period and that their application will not be submitted to the relevant Registry without a successful preauthorisation. Card preauthorisation is required and only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations, where card payment has been selected, and the authorisation will be released immediately for the same.
    1. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Client use of the Requested Domain.
    2. to be bound by the Policies and Procedures of the Registry, available on the Registry's website (if you are unable to find this, you can contact us and we will send you a direct link where necessary)
  3. Pre-Order Registrations on General Availability are on a first come first served basis. If the Client's Requested Domain is not available upon commencement of General Availability or up to 48 hours following such commencement, Heart Internet will issue a refund in full directly to the Client's PayPal account or relevant payment method charged, without any further charge.

General Availability pre-orders will be charged at £10.99 plus VAT per year.

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Drop us a line 0330 660 0255 or email sales@heartinternet.uk