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.
Are multiple tags covered by the same Tag Holder Agreement?
The Tag Holder Agreement 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.
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 complete a tag application form. Nominet will process the new tag application and re-issue the Tag Holder Agreement and 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. The tag holder will require a different PGP key for each of their tags.
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:
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".
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 confimation of registration letters?
Nominet sends a confirmation of registration letter for every new domain name registration and renewal. Tag holders are obliged to forward confirmation of registration letters 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 the web site of the Information Commissioner
There are eight enforceable principles of good practice. They say that data must be:
(The above information is copyright of the Information Commissioner).
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. Invoices have 30 days' credit terms from the date of invoice. Where credit references are not satisfactory, or unavailable, 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:
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.
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.
Can I use Nominet's trade marks?
Tag holders who are members of Nominet can apply for permission to use Nominet's membership logo on their website, in advertising or communications materials, and printed materials such as letterheads and invoices. Please see our logo page.
How do I amend my tag holder and credit account details?
If you change your telephone or fax numbers, postal or email addresses or any of your contacts, you should get in touch with Nominet's Member and Tag Holder Services department. You may do this by letter, telephone or PGP signed email to support@nominet.org.uk.
What do I do if my business name changes?
If you change the name of your business, you should inform Nominet's Members and Tag Holder Services department in writing on your existing letterhead. You should also enclose a copy of your new letterhead and give details of any other changes to your contacts.
