Domain Issue.

[Ashton]

Hi guys, someone has just phoned me with the following situation:

They paid a web designer to design a website for them, he registered their domain in his name and made a website.

The domain name expired and was suspended, so he told them he had to pay £300 to get it renewed (!?)

He renewed it then disappeared and they cant contact him at all. The site is dead too.

This domain is on all their print material and their store front.

I was wondering if there is a way to pursue this with nominet? They are a small company and they don't have a trademark for the name. I am unsure whether they are registered with companies house.

Here is a similar example:

The shop name is 'Jane's Flowers'
The domain would be 'janesflowers.co.uk'

Please note: That isn't the shop name! or the domain, just a very similar example

 

[GreyWing]

Call Nominet for advice, It should fall under a DRS. Start a DRS for £10 and then wait to see the chaps reply, then you may have to pay £750 if he does.

But if you do, my view is you will get it back no problem. It's happened plenty of times before so no big issues with regards it being complicated for Nom to sort out.

 

[grantw]

They may have to DRS it, providing that he doesn't respond it will cost them £200 for a summary decision, if he responds it will be £750.

I'm not certain but I don't think Nominet would get involved in this, outside of a DRS.

Grant

 

[Ashton]

Thanks, ill give them a ring once she's ready. What's the £750 about?

 

[grantw]

Thanks, ill give them a ring once she's ready. What's the £750 about?

Details here:

http://www.nic.uk/disputes/drs/help/

Grant

 

[dotNetFreak]

You may find if you discuss it with Nominet that providing the customer can provide documentary evidence (invoice showing domain name etc.) that if they sign an indemnity with Nominet they will transfer it over...

 

[Ashton]

Ta,

Just got off the phone to Gloria from Nominet, very helpful.

Hopefully he will respond and mediation will decide in our favour.

Have any of you received this kind of letter, did you feel compelled to respond? I would be worried the £250 on a no-response is asking quite a lot.

 

[grantw]

I would be worried the £250 on a no-response is asking quite a lot.

It works both ways, he could respond to the mediation and refuse to agree to transfer it and then file a response to the drs in which case it would cost your friend £750 to proceed.

Grant

 

[retired_member12]

It works both ways, he could respond to the mediation and refuse to agree to transfer it and then file a response to the drs in which case it would cost your friend £750 to proceed.

Grant

Or the guys knows this, and is waiting for the penny to drop in 'Jane's head that offering him £500 is the best but more annoying option.

 

[Ashton]

Would it make sense going through the courts?

He has been paid to register the name for them, but registered it in his own name. This is breach of contract?

 

[grantw]

Would it make sense going through the courts?

He has been paid to register the name for them, but registered it in his own name. This is breach of contract?

The DRS is free I think right up to the end of mediation so it's worth trying that first.

Grant