5.1 All Domain Names registered by Planet Margate on behalf of the Customer within the .ZA domain name space, or registered by the Customer directly or through third parties are subject to the terms of the relevant domain name Registrar that may be amended from time to time. Planet Margate utilises the Services of various Registrars to register generic Top Level Domains (gTLDs such as .COM and .ORG) as well as names in non-South African country code Top Level Domains (ccTLDs such as .uk and .eu), which registration is subject to the terms of the relevant Registrar or registry, as amended from time to time. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant Registrar operator who allocates and governs the Domain Name. Planet Margate cannot guarantee the registration of any Domain Name selected by the Customer. Registrars used by Planet Margate may change or be replaced from time to time.

 

5.2 Planet Margate will use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. Planet Margate will insert its details as the billing and technical contact of the relevant Domain Name/s, unless the Customer registers the domain itself or manages the domain record with the Registrar directly.

 

5.3 No Domain Name will become the property of Planet Margate and Planet Margate will not insert its details as the registrant of any Domain Name when the Customer has provided all the details necessary to register said domain.

 

5.4 The Customer will pay Planet Margate (in addition to any Service Fees) all reasonable expenses or charges relating to the registration, transfer, or renewal of a Domain Name. Planet Margate will, as part of the Domain Services, host the Domain Name.

 

5.5 The Customer warrants in favour of Planet Margate that: i. it is the lawful registrant of the Domain Name/s or it has the consent of the registrant to use the Domain Name/s or it is not prohibited by law or otherwise from registering the Domain Name/s; and ii. in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to the Domain Name or to any word or name forming a constituent part of the Domain Name/s.

 

5.6 Planet Margate has no interest in the Domain Name/s and nothing that Planet Margate does in the performance of its obligations under the Domain Services will be construed as an assumption of responsibility or liability by Planet Margate for attending to the Domain Services.

 

5.7 Planet Margate does not guarantee that the Domain Name/s requested by the Customer is/are available for registration or that the use of the Domain Name/s will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through Planet Margate or directly with a Registrar. Planet Margate will not be held responsible if the Customer registers a domain through Planet Margate, and provides incomplete or inaccurate information that will lead to a delay in the registration process, and the domain is subsequently taken by someone else.

 

5.8 Planet Margate is not a Domain Name provider, but merely a third party agent acting on the Customer's instructions, to the extent that those instructions are possible and lawful.

 

5.9 The registration of the Domain Name/s and its/their future availability and use are subject to the terms of use of the relevant Domain Name Registrar

 

5.10 Planet Margate charges an additional fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Name/s on behalf of the Customer.

 

5.11 Any Service Fees incurred in the process of applying for, renewal of, or maintenance of registration of the Domain Name/s will be borne exclusively by the Customer and are not refundable.

 

5.12 Any Internet Protocol (IP) address allocated by Planet Margate to the Customer, will at all times remain the sole property of Planet Margate who grants the Customer a non-exclusive, non-transferable licence to use the Internet Protocol address for the duration of the Planet Margate Hosting Terms.

 

5.13 Without limiting the generality of the Planet Margate Hosting Terms, the Customer indemnifies Planet Margate and holds it harmless against any liability or claim made by any person for any loss or damages suffered or arising directly or indirectly from the use, display, or publication of the Domain Name/s.

 

5.14. Planet Margate may not cancel, transfer, or change the Domain Name/s, including transferring registration of the Domain Name/s from the registered holder to another person or entity, without being in receipt of:

 

5.15 Within 30 days prior to the renewal date of a .co.za domain name and within 60 days prior to the renewal date of all other domain names, Planet Margate will submit a renewal reminder to the Customer via email. Should the Customer not want to renew the domain name, the Customer must give notice by clicking on the link provided in the renewal reminder e-mail and this will automatically instruct Planet Margate not to renew the domain name. Such notice must be given at least 3 Business Days prior to the renewal date in the case of .co.za domain names and 33 Business Days prior to the renewal date in the case of all other domain names. Should the Customer not give notice as aforesaid, the domain name will automatically be renewed and a renewal fee will be added to the Customer’s invoice.

 

5.16 If a Customer fails to pay Planet Margate any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, Planet Margate may, in its sole and absolute discretion:

 

5.17 If the Domain Service is terminated for any reason, Planet Margate may, without incurring any liability or limiting the generality of the Planet Margate Hosting Terms, notify the relevant Registrar or registry of the termination and to instruct the Registrar or registry to remove Planet Margate or any of its systems as the host of the Domain Name/s even if no replacement is available.

 

5.18 In the event that any of the Registrars or registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which Planet Margate depends for the provision of the Domain Service to the Customer, Planet Margate will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that Planet Margate is unable to ensure the continuance under any circumstances, Planet Margate will not be liable to the Customer or any other third party for any loss or damages (as contemplated in the Planet Margate Hosting Terms) incurred by the Customer or by any third party arising from, or in any way relating to, the termination of the Domain Services.

 

5.19 Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs, the Alternate Dispute Resolution Regulations applicable in South Africa and similar proceedings in other ccTLDs. These mechanisms allow for the resolution of disputes concerning the registration or use of a domain name.

 

5.20 Disputes between the Customer and any third party regarding the registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.

 

5.21 Planet Margate will not participate in any way in any dispute between the Customer and any third party. If the Customer involves Planet Margate in any dispute, the Customer indemnifies Planet Margate as provided for in clause 12 of the General Terms. The Customer will be responsible for all legal costs incurred by Planet Margate on the attorney and own client scale.