Registrant Problems

[roweash3]

Hello,

I'm looking for a loophole/way around a problem I'm having...

• Customer A requests the web design services of Company A.
• Company A registers a domain and create a website for Customer A.
• Company A is now the Registrant of the domain.
• 6 Months Later, Customer A would like to change hosts to Company B.
• Company A are requesting £375+VAT to transfer the domain (really).

As Company A is the registrant of the domain, everyone I have asked have said they are the 'owners' of the domain, and so there is nothing we can do about it. Customer A has paid a large sum of money for the services of Company A, which included the registration of the domain and hosting...

Now Customer A is being held at ransom because Company A do not want to lose her website to Company B. Company A refuse to make any changes to the website, and refuse to do anything unless Customer A pays more money..

The URL of the websites are the same as Customer A's registered company name, if that makes any different. One is .co.uk and one is .com.

Is there anything Customer A can do?

Thanks,

 

[Alien]

Have you been in touch with Nominet to ask their advice? Might be worth giving them a call or popping over an e-mail.

I'd also be going through the original terms/conditions etc with a fine tooth comb.

 

[roweash3]

Have you been in touch with Nominet to ask their advice? Might be worth giving them a call or popping over an e-mail.

I'd also be going through the original terms/conditions etc with a fine tooth comb.

Thanks,

Nominet say I have to file a dispute, but it will be a lengthy procedure and would only effect the .co.uk domain. I'll still have issues with the .com.

The problem is, there's ongoing issues between myself (Company B) and Company A. Customer A has contacted me about the prices Company A is charging her for simple changes (they're pretty much refusing to do anything unless she pays them £100s)... and that she wants me to 'take over' the management of her website. Which seems impossible.

 

[mojoco]

In principle you should be able to get the domain transferred. However the unfortunate reality is that from a commercial decision it may be wiser to pay the £375 and move on. Painful perhaps but possibly cheaper in the long run.

 

[anthony]

And if Company A knows the DRS costs involved, they've may have you by the nuts.

If the customer has invoices or emails etc to back up what they are saying they expected to happen, but are still forced to pay for a DRS and win, I would suggest they think about then filing a small claim for the DRS plus the original invoiced costs for the domain based on a breach of contract, including damages. I've used the small claims court myself and never lost yet, they don't turn of small points of law, but focus on what was expected to be the primary objectives of the contract.

Give it some thought!

 

[roweash3]

Thanks guys, much appreciated.

I'm going to have the customer email Company A one last time requesting a change in registrant. If he doesn't comply I think I'll have no option but to take it to dispute.

Are there no loopholes regarding the name itself? For example, the domain name is customerscompanyname.co.uk (and .com). "Customers Company Name" being a registered company.

 

[Aegean]

I have come across this situation before.

If customer A can show they requested company A to register the domain name for them, they shouldn't have a problem.

As a matter of policy any company who registers a domain for their client shouldn't be registering it in their own name, but in the clients name of course.

Ask them to dig out emails when they originally asked the company to obtain the name for them.

 

[Lovekraft]

I think you should name and shame company A to be honest. sound like a bunch of complete w*****s! They should have known to have registered it in their client's name, this happens time and time again which is why you sometimes see web designers selling domains they 'acquired'. It's annoying because a lot of people and companies aren't very aware of the legalities and importance surrounding registrant details and their designers / programmers should be making more of an effort to keep them right.

If your client has any emails showing that she instructed them to register the domain on her behalf, it might be worth while putting it in an email to Nominet and yes the fact it is her TM'd company name will help, although as already suggested all they might be able to offer at best is DRS which is costly and quite a drawn out process.

 

[foz]

On principle you may be right to dispute however £375 for both(?) domains and to move on would be wiser to accept.

If they respond to a dispute the expert fee is £750 (ironic they're asking half of this) and not to mention everyone's time involved (several hours of billing time or living life lost forever).

If your client is not well funded, see if they will accept less.

As a monetary legal reference, a good Solicitor charges £200 per hour.

 

[eddieb]

The only fly in the ointment I can think of may be if the domain name came free with the hosting, in which case the small print may (you will need to check) lock you in to the original hosts

 

[Bailey]

The only fly in the ointment I can think of may be if the domain name came free with the hosting, in which case the small print may (you will need to check) lock you in to the original hosts

Yep, my thoughts to.

Probably the worst thing you can do is accept a free domain or domain inclusive deal. Wouldn't be suprised to find the £375 charge was written in to the original agreement as well, which leaves this particular client high-and-dry

 

[roweash3]

Is it no consolation that the domain in question is clearly a domain for the customer? It's not a domain the web development company can profit from in any way (other than by doing this)...

For example, the customers company name could be "Joe Bloggs Plumbing", and the domain name being held at ransom is joebloggsplumbing.co.uk.

It's not a geo or a name that can be resold to anyone other than the customer who wants it back.

 

[DannyB]

should have read the rest of the replies before I posted ...oops

PM me the name of the company & I'll have a butchers, if I find anything I'll let you know.

 

[Bailey]

Is it no consolation that the domain in question is clearly a domain for the customer? It's not a domain the web development company can profit from in any way (other than by doing this)...

For example, the customers company name could be "Joe Bloggs Plumbing", and the domain name being held at ransom is joebloggsplumbing.co.uk.

It's not a geo or a name that can be resold to anyone other than the customer who wants it back.

If it's a contractual agreement - end of story. Unless you want to go down a 'fair trading' route - and that could last forever.

I'm going to put a slightly different spin here - we don't know what the original agreement 'obliged' on both parties, it's very easy to sideline one side here