NON-MEMBERS TAG HOLDERS MEMBERS
NOTE:
This FAQ is intended to explain why particular clauses have been included in the Tag Holder Agreement and what they mean. It does not provide legal advice for specific cases, and prospective Tag Holders are urged to obtain their own legal advice before entering into the Terms and Conditions for the Use of a NOMINET UK Tag.
- What is new about this version of the Tag Holder Agreement?
The Policy Advisory Board has considered the existing Tag Holder agreement in depth over the past 18 months. An important objective of the new Agreement between Nominet UK and the Tag Holder has been to rebalance the content in favour of the Tag Holder.
It is also important to note that the Agreement now covers multiple Tags that are held by the named Tag Holder. The use of each of these Tags is bound by the single agreement entered into by the Tag Holder. This is easier for the Tag Holder as it negates the need for those with plural Tags to sign multiple contracts.
- How will an existing Tag Holder be able to apply for a new Tag?
When an existing Tag Holder wishes to take out a new Tag, they should contact the administration department of Nominet UK. Nominet will process the new Tag application and re-issue the schedule detailing the list of Tags that are covered by the Agreement.
- Why is a PGP key necessary?
The primary purpose of the PGP key is for security of identification. Furthermore, in order for Nominet to match payment to the relevant Tag Holder, the PGP Key is used to identify which Tag Holder is making a transaction using the Automaton. This process happens automatically and means that a relevant bill is issued to the corresponding Tag Holder.
- Why do I have to provide Nominet with complete Registrant contact details?
Nominet has a duty to maintain a public register, the UK Register Database, which includes providing a named Registrant for every Domain Name. In order to populate the Register Database, Tag Holders must ensure that they provide full contact details of the named Applicant who has requested the Domain Name registration.
- What is a warranty of authority (Clause 2) and why is it necessary?
When an application for a Domain Name registration takes place through a Tag Holder, Nominet wishes to make sure that:
- The Domain Name Registrant makes a contract direct with Nominet; and
- That contract incorporates Nominet's Terms and Conditions of Domain Name registration.
Since the contract is made electronically through Nominet's Automaton, an Applicant does not have to sign up to Nominet's Terms and Conditions. In order to make sure that the contract of registration is made under Nominet's Terms and Conditions, Nominet has to ensure that the Registrant knows about the Terms and Conditions before making the contract. In this situation, the only way for Nominet to make sure that this happens is by ensuring Tag Holders inform Registrants of the Terms & Conditions before the contract of registration is made. In legal terms, this is called "the agent's warranty of authority".
- The Domain Name Registrant makes a contract direct with Nominet; and
- What does the warranty of authority require me to do?
Tag Holders are obliged to draw Nominet's Terms and Conditions to the Applicant's attention before a Domain Name registration is made. Tag Holders must ensure that they have the prior permission of the Applicant to enter the Applicant into a contract with Nominet.
- What should I do with registration Certificates?
Nominet produces a registration Certificate for every new domain name registration and renewal. Tag Holders are obliged to send on registration Certificates to Registrants and Nominet may send them directly to the Registrant at the Tag Holders's request.
- Why is the Data Protection Act relevant to my business?
The Data Protection Act applies to 'personal data', that is data about identifiable living individuals. It applies to all records maintained by Tag Holders about their Registrants. Full guidelines for the 1984 Data Protection Act can be found at:
http://wood.ccta.gov.uk/dpr/dpdoc.nsf
There are eight enforceable principles of good practice. They say that data must be:
- fairly and lawfully processed;
- processed for limited purposes;
- adequate, relevant and not excessive;
- accurate;
- not kept longer than necessary;
- processed in accordance with the data subject's rights;
- secure;
- not transferred to countries without adequate protection.
(The above information is copyright of the Data Protection Commissioner).
- fairly and lawfully processed;
- How will the credit account work?
In many cases, Nominet will operate a credit account for the Tag Holder so that transactions made using the Automaton can be billed to the Tag Holders account monthly in arrears. Where the credit references are not satisfactory, Nominet will usually require the Tag Holder to deposit a sum of money against the credit account before any transactions using the Automaton can be made.
- Why does Nominet perform credit checks and what happens with the information?
As with many business-to-business relationships, Nominet may conduct credit reference checking before agreeing to award a credit limit to the Tag Holder. The results of credit checks will remain confidential to Nominet UK and will not be shared with any third parties (without the prior consent of the Tag Holder). The amount of credit awarded to the Tag Holder will be based on the credit reference, and therefore on their ability to pay.
- Will registrations always be billed to my Account?
The Tag Holder can request that Nominet bills the Registrant directly for the registration fee and can request to do this by completing the correct fields when using the Automaton. In this case, the Registrant will be billed at the full non-member rate that is currently £80 plus VAT.
- How can either party terminate this Agreement?
There are three ways in which either party may bring the Agreement to an end:
- on one month's written notice
- following the other party's failure to rectify a breach of the Agreement, and
- if the other party goes out of business.
In addition, Nominet may terminate the Agreement if a Tag Holder is using a Tag in a way that which endangers the operation of Nominet's computer systems.
- on one month's written notice
- Can Nominet make changes to this Agreement?
Nominet may amend the terms of this Agreement only after consultation with the Policy Advisory Board and the membership. Nominet must notify Tag Holders of any changes by PGP-signed e-mail or equivalent and certainly 30 days before any changes come into force.
