1. Domain Transfer & Ownership Terms
1.1. Capital Designs shall determinate the ownership of a registered Domain by reference to the details held on the whois database. If the whois database details are not determinative then Capital Designs shall be entitled to request whatever supporting evidence it may require to ascertain ownership.
1.1. In the event that ownership of a registered Domain is disputed then the Client agrees to make all reasonable efforts to resolve such dispute with the third party, including before involving Capital Designs and at Capital Designs’ request.
1.3. If a Client wishes to transfer ownership of a registered Domain the Client must:
1.3.1. ensure that all necessary consents and permissions to that transfer have been obtained;
1.3.1. deliver to Capital Designs documentary evidence of all such relevant consents and permissions;
1.3.3. accept that Capital Designs is under no obligation to carry out any transfer request if the Client fails to satisfy Capital Designs that the documentation provided shows the transfer to be properly requested or authorised or where the Client has not complied with this clause 1.3.
1.1. The transfer service offered by Capital Designs is supplied on the basis that the Client is solely responsible for changing the tag of the domain to Capital Designs and to ensure that the transfer completes to the Client’s specifications. If a transfer is cancelled, the Client will be responsible for contacting Capital Designs to request a refund for the incomplete transfer, if applicable
1.1. The Client accepts that the transfer of a gTLD Domain may require Capital Designs to carry out a manual transfer. In such event, the Client agrees to pay the applicable manual transfer fee to Capital Designs as stated on Capital Designs’ website and as updated from time to time.
1.6. On transfer, the Client can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. The Client acknowledges that the maximum terms for a particular domain may vary and are available on an “as is” basis as displayed by Capital Designs. Clients acknowledge that one year may be added and charged to some domain extensions when transferred, including but not limited to .FR, .FM, .NAME
1.7. Capital Designs will only allow a domain name owned or managed by the Client to be attached to the IPS tag of Capital Designs or any of its Associated Companies if the Client has an active hosting account with Capital Designs or one of its Associated Companies or when the Client is holding the domain name within a Capital Designs account.
1.8. The Client agrees that on to transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) the Client will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at Capital Designs’s request.
1.9. Capital Designs will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by the Client to Capital Designs.
1.10. In the event that Capital Designs receives a complaint in regards to trademark/brand infringement, Capital Designs has the right to place a Domain on hold and move into the Capital Designs holding account. Capital Designs shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to Capital Designs by the Client.
1.11. In the event of receiving documentation which matches the WHOIS details, 123-reg reserves the right to move a Domain from the current Domain holder’s account into a 123-reg holding account, lock the domain and place a registrar hold on it. 123-reg shall not move the Domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to 123-reg by both parties proving the same. This documentation may include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.
1.11. For all applicable gTLDs the Client agrees that Capital Designs will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for the Client whenever a request is made to update the registrant contact details associated with a Domain. In that respect, the Client expressly authorises Capital Designs to approve a change of registrant of any change to the registrant’s details on behalf of the Client.
1.13. The Client acknowledges and accepts that where Capital Designs takes an action on a Domain as a Designated Agent under clause 1.12 then such Domain will be opted out from any 60-day transfer lock period.