Domain Registration Agreement
Business Catalyst Consultants (PTY) LTD t/a DirectCloud.io
Last updated: 01 August 2025
Version: 1.0.3
Important: This Domain Registration Agreement (Agreement) forms part of and is incorporated into the Website Terms and Conditions, the Acceptable Use Policy (AUP), the Privacy Policy, and any applicable Service Terms. Capitalised terms not defined here have the meanings given in those documents. This Agreement governs domain name registration, renewal, transfer, DNS, and related services provided directly by the Company or through accredited registrar partners and registries (collectively, Registrar Services).
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Roles, Scope, and Incorporation
1.1 Parties. The contracting party is the Company acting as registrar of record or as a reseller/agent of an accredited registrar, as disclosed during the order flow or in the account portal. The person or entity requesting a domain action is the registrant (Registrant).
1.2 Policies. Registrar Services are subject to: (a) this Agreement; (b) the Website Terms and Conditions; (c) the AUP; (d) the Privacy Policy; and (e) the applicable registry, regulator, or ICANN policies, rules, and procedures for the relevant top-level domain (TLD).
1.3 Priority. If there is a conflict, mandatory registry/ICANN rules prevail for the relevant TLD, then this Agreement, then the Website Terms and Conditions. -
Registrant Eligibility and Information Obligations
2.1 Accuracy. The Registrant must provide complete, current, and accurate registration data, including registrant, administrative, technical, and billing contacts; physical address; email; and telephone.
2.2 Updates. The Registrant must promptly update registration data during the term. Failure to respond within 15 calendar days to inquiries about data accuracy may lead to suspension or cancellation.
2.3 Local Presence and TLD Rules. Certain TLDs impose eligibility or nexus requirements (e.g., .au, .uk, .za). The Registrant represents compliance with such requirements at all times and will supply evidentiary documentation on request.
2.4 Verification. The Company, the registrar of record, the registry, or their agents may verify and validate registration data and may suspend or cancel a domain if verification fails. -
Term, Lifecycle, Renewal, and Expiry
3.1 Term. A domain is registered for the term displayed at order (typically 1–10 years per TLD rules). Registration completes only upon registry acceptance and confirmation.
3.2 Auto-Renew. Where enabled, auto-renew will attempt renewal on or shortly before the expiry date using the stored payment method. Auto-renew is not guaranteed; the Registrant remains responsible for timely renewal.
3.3 Notices. Expiry and renewal notices may be sent to the registrant contact email. Non-receipt of notices does not shift responsibility.
3.4 Grace and Redemption. Post-expiry grace and redemption periods vary by TLD and are not guaranteed. Restoration may incur a registry-imposed restore fee in addition to renewal fees. Failure to renew may result in permanent loss of the domain.
3.5 Reclamation. After expiry and any applicable grace period, the domain may be deleted, re-registered by others, or auctioned by the registrar/registry per policy. -
Use of the Domain; DNS, Nameservers, and DNSSEC
4.1 Nameservers. Default or custom nameservers may be used. DNS changes can take time to propagate.
4.2 DNSSEC. Where supported, DNSSEC may be enabled by submitting correct DS records. The Registrant is responsible for accuracy; incorrect DNSSEC parameters can cause resolution failures.
4.3 High-Risk Use. Use that violates the AUP (e.g., malware, phishing, CSAM, illegal content) may result in immediate suspension or DNS delegation removal.
4.4 Registry/Registrar Actions. The Company, registrar, or registry may place locks, holds, or server status codes (e.g., clientHold, serverHold) to protect DNS stability, enforce policy, or comply with legal orders. -
WHOIS/RDAP, Privacy/Proxy, and Data Disclosure
5.1 Publication. WHOIS/RDAP services may publish registration data as required by ICANN/registry policy. The extent of publication may depend on applicable law and registry policy.
5.2 Privacy/Proxy. Where available and permitted, privacy/proxy services may mask public contact data. Underlying registrant data must still be accurate and will be disclosed to the Company, registrar, registry, data escrow agents, and competent authorities as required by law or policy.
5.3 Data Processing. Personal information is processed in accordance with POPIA, the Australian Privacy Act (APPs), and UK GDPR/UK DPA, and as required by ICANN/registry data escrow and verification mandates. The Privacy Policy explains purposes, legal bases, recipients, international transfers, and rights. -
Transfers and Changes of Registrant
6.1 Inter-Registrar Transfers. Transfers require: (a) an unexpired domain; (b) unlocked transfer status; (c) availability of the authorization/EPP code; and (d) confirmation via the registrant’s administrative email or account portal, subject to ICANN/registry rules.
6.2 Denial Conditions. Transfer may be denied where permitted by policy, including for: (a) evidence of fraud; (b) reasonable dispute over identity of the Registrant; (c) court or administrative orders; (d) UDRP/URS/DRS proceedings; (e) non-payment for the current or prior registration periods; (f) domain under lock for recent registration or prior transfer within the minimum lock window.
6.3 Change of Registrant. Changes to registrant data may trigger additional confirmations and temporary transfer locks per policy.
6.4 .au, .uk, .za Specifics. TLD-specific transfer procedures apply (see Schedule A). -
Disputes and Takedown
7.1 UDRP/URS/DRS/Local ADR. Disputes concerning abusive registrations are subject to the applicable dispute policies, including UDRP/URS (for most gTLDs), Nominet DRS (.uk), auDRP (.au), and ZADNA-approved ADR (.za). Decisions may require transfer, cancellation, or other remedies; the Company will implement final decisions per policy.
7.2 Court and Regulator Orders. The Company, registrar, or registry may comply with binding court orders, ombud/regulator directives, or law enforcement requests requiring suspension, transfer, or disclosure.
7.3 Abuse Handling. Verified abuse (e.g., phishing, malware, CSAM) may lead to immediate DNS suspension, WHOIS privacy removal, or other mitigations consistent with law and policy.
7.4 Content Disputes. The Company is not an arbiter of content disputes between third parties. Remedies should be sought through applicable legal or policy mechanisms. -
Fees, Payments, Taxes, and Chargebacks
8.1 Fees. Registration, renewal, transfer, restore, and ancillary service fees are as displayed during checkout or in the account portal. Registry surcharges, premium labels, or reserved names may attract different pricing.
8.2 Currency and Taxes. Fees are payable in the currency stated, exclusive of taxes unless otherwise indicated. The Registrant is responsible for applicable taxes.
8.3 Non-Payment. Failure to pay when due may result in refusal, suspension, or cancellation of domain services, and withholding of transfer-out until legitimate fees for initial registration or past-due renewal are satisfied (where policy permits).
8.4 Chargebacks. A payment reversal or chargeback may result in immediate suspension or cancellation of the domain and associated services. Restoration is at the Company’s discretion and may require certified payment and fees. -
Registrant Responsibilities and Acceptable Use
9.1 Compliance. The domain and associated services must be used in compliance with the AUP, applicable law, and registry policies.
9.2 Security. Reasonable security measures must be implemented, including protecting account access, EPP/auth codes, and DNS credentials.
9.3 Content. The Registrant is responsible for content hosted or linked under the domain and for compliance with advertising, consumer, privacy, and IP laws in relevant jurisdictions.
9.4 Cooperation. The Registrant must cooperate in abuse investigations and respond promptly to abuse, verification, or compliance requests. -
Resellers and Third-Party Providers
10.1 Resellers. Where a reseller facilitates orders, the reseller is an independent contractor. Obligations under this Agreement continue to apply to the Registrant.
10.2 Third-Party Services. DNS hosting, email, SSL/TLS, and ancillary services may be provided by third parties under their own terms. The Company is not responsible for third-party services unless expressly stated in Service Terms. -
Warranties, Disclaimers, and Limitation of Liability
11.1 Registrant Warranties. The Registrant warrants: (a) accuracy of registration data; (b) compliance with eligibility rules; (c) lawful use; and (d) that registration and use do not infringe third-party rights.
11.2 No Guarantee of Availability. Domain availability searches are indicative only. A domain is not secured until registered and confirmed by the registry.
11.3 Service Levels. Unless expressly agreed in Service Terms, Registrar Services are provided “as is” and “as available”.
11.4 Limitation. The limitations and statutory carve-outs in the Website Terms and Conditions apply. To the extent permitted by law, and subject to non-excludable rights, liability to business Users for Registrar Services is limited in aggregate to the greater of: (a) fees paid for the affected domain in the 12 months preceding the event; or (b) ZAR 50,000 / AUD 5,000 / GBP 2,500 (converted at judgment).
11.5 Consumer Rights. Mandatory statutory consumer rights under the CPA (South Africa), ACL (Australia), and UK CRA are preserved. For services in Australia, remedies may be limited to resupply or cost of resupply where permitted. -
Suspension, Cancellation, and Termination
12.1 Grounds. The Company, registrar, or registry may suspend, place a hold on, or cancel a domain where: (a) required by law, court order, or policy; (b) necessary to protect DNS stability or security; (c) data is inaccurate, unverifiable, or not timely updated; (d) fees remain unpaid; (e) abuse or policy violations are identified; or (f) there is evidence of fraud or illegal activity.
12.2 Notice. Where reasonable and lawful, prior notice will be provided with an opportunity to cure. Immediate action may be taken in emergencies.
12.3 Effect. Suspension or cancellation may disable DNS resolution and associated services. Refunds are not provided unless required by law or expressly stated. -
Data Protection and International Transfers
13.1 Lawful Basis. Personal information is processed for contract performance, compliance with ICANN/registry obligations, legitimate interests in DNS operation/security, and compliance with legal obligations.
13.2 Disclosures. Data may be shared with registrars, registries, data escrow providers, resellers, fraud-prevention and abuse-mitigation providers, and competent authorities, as detailed in the Privacy Policy.
13.3 International Transfers. Cross-border transfers occur to the locations of registries and service providers, subject to appropriate safeguards required by POPIA, the APPs, and UK GDPR/UK DPA.
13.4 Rights. Requests to exercise data rights should follow the Privacy Policy. Statutory timeframes and exemptions apply. -
Governing Law, Jurisdiction, and Dispute Resolution
14.1 Policy Processes First. Disputes concerning registration or abusive registrations must first follow the applicable policy (e.g., UDRP/URS, auDRP, Nominet DRS, .za ADR).
14.2 Contractual Disputes. Subject to clause 14.1 and the Website Terms and Conditions, governing law and forum are determined as follows:
(a) Consumers: the law and courts/tribunals of the Consumer’s place of habitual residence, or South Africa at the Consumer’s election;
(b) Business Users: South African law and courts for Africa/other; Australian law and courts for Australia/New Zealand; law and courts of England and Wales for UK/Europe, each as specified in the Website Terms and Conditions.
14.3 Mediation/Arbitration. Where applicable, clause 19 of the Website Terms and Conditions (Dispute Resolution) applies.
14.4 Interim Relief. Urgent injunctive relief may be sought in a court of competent jurisdiction. -
Changes to this Agreement
15.1 Updates. This Agreement may be amended by posting an updated version with a revised “Last updated” date. Material changes will be signposted on the Site or via email where practicable. Continued use after the effective date constitutes acceptance.
15.2 Policy Changes. Registry/ICANN policy changes may take effect immediately where mandated; notice will be provided where feasible. -
Miscellaneous
16.1 Severability and Waiver. If any provision is invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will continue in effect. No failure or delay to enforce constitutes a waiver.
16.2 Assignment. Rights and obligations may be assigned or novated by the Company to an affiliate or successor (including through merger, acquisition, or asset transfer). The Registrant may not assign without prior written consent.
16.3 Entire Agreement. This Agreement, the Website Terms and Conditions, the AUP, the Privacy Policy, and applicable Service Terms constitute the entire agreement relating to Registrar Services.
16.4 Survival. Clauses 4, 5, 6, 7, 8, 11, 12, 13, and 14 survive termination to the extent necessary to give them effect.
Schedule A — TLD-Specific Policies (Summary References)
A1. gTLDs (e.g., .com, .net, .org). Subject to ICANN policies including the Registrar Accreditation Agreement (RAA), the Uniform Domain Name Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension (URS), the Transfer Policy (IRTP), and WHOIS/RDAP policy.
A2. .uk and .co.uk. Subject to Nominet’s Terms and Conditions of Domain Name Registration and Dispute Resolution Service (DRS). Registrant warrants ongoing UK nexus/eligibility if applicable. Transfers, renewal, and cancellation follow Nominet rules.
A3. .au (e.g., .com.au, .au direct). Subject to auDA rules, licensing, eligibility, and the .au Dispute Resolution Policy (auDRP). Registrant must maintain Australian presence requirements where applicable.
A4. .za (e.g., .co.za, .org.za). Subject to ZADNA/Registry policies (including Registry Africa or ZACR rules as applicable) and approved ADR procedures.
A5. Country-Code TLDs (ccTLDs) generally. Each ccTLD applies its own eligibility, privacy, naming, transfer, grace, and redemption rules. The Registrant agrees to review and comply with the policies linked during the order flow and within the account portal.
Schedule B — Operational Security and Abuse (Supplement)
B1. Auth Codes and Locks. EPP/auth codes and clientTransferProhibited/clientUpdateProhibited locks should be used to protect against unauthorized changes.
B2. Rapid Suspension. In cases of egregious abuse or legal mandate, rapid suspension, DNS changes, or hold statuses may be applied without notice, consistent with applicable law and policy.
B3. Reporting. Abuse and policy violations should be reported to abuse@directcloud.io or info@directcloud.io with supporting evidence (headers, URLs, logs).
