Domain Name Transfer Agreement
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
This Domain Name Transfer Agreement (this “Agreement”) is entered into by and between Hiya Digital Private Limited and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Hiya Digital Private Limited Domain Name Transfer services (the “Services”) to transfer a registered domain name between different domain name registrars by Hiya Digital Private Limited.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Hiya Digital Private Limited Universal Terms of Service Agreement, Domain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to Hiya Digital Private Limited. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hiya Digital Private Limited, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Hiya Digital Private Limited website (this “Site”). You acknowledge and agree that (i) Hiya Digital Private Limited may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement. If you do not agree to be bound by this Agreement, do not use (or continue to use) this Site or the Services found at this Site. In addition, Hiya Digital Private Limited may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your customer account’s profile information, including your email address, current. Hiya Digital Private Limited assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Hiya Digital Private Limited is not an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar; it is an authorized reseller of domain name registration services. Accordingly, you acknowledge and agree that Hiya Digital Private Limited may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrars, (ii) ICANN, and/or (iii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question. As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question. To identify the sponsoring registrar, please use WHOIS search.
This Agreement will be effective upon acceptance of the Registration and Transfer agreements in the Online Transfer Application process.
2. Transfer Process
2.A. Steps for Transferring Your Domain Name Registration
Complete all required information requested through the online transfer application, i.e. contact information, name server information, etc. Proceed through to the shopping cart and pay for your transfer(s). Update your Administrative Contact’s email address at your current registrar. We will be contacting the Administrative Contact’s email address for transfer approval. The transfer will only be initiated upon approval from your Administrative Contact. Once initiated, a transfer will be accepted or denied by the losing registrar within five (5) days. Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your account.
2.B. Failed or Rejected Transfer Requests
Hiya Digital Private Limited may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:
The current Registrar rejected the transfer;
The original registration took place less than sixty (60) days prior to the current transfer request;
The domain name has been placed in a locked status by either the Registry or by the losing registrar;
The domain was transferred to Hiya Digital Private Limited less than sixty (60) days prior to the transfer request;
The domain name expired but was not renewed;
The domain name expired and was renewed during the forty-five (45) day grace period and the forty-five (45) day grace period has not yet passed;
The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;
There was a Change of Account less than sixty (60) days prior to the transfer request;
Any pending bankruptcy of the current domain name holder;
Any dispute over the identity of the domain name holder;
Any situation described in the Domain Dispute Policy;
2.C. Terms for Transferring Domain Names
Upon successful transfer, you shall remain the registrant of the domain name and Hiya Digital Private Limited sponsoring registrar shall become the registrar of record. Your registration will be automatically extended by one (1) year when available by the domain name registry (please see the product disclaimers located on this Site for any applicable exceptions). Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and the Administrative contact has responded positively to our email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar’s WHO-IS database. You agree to retain a copy for your own records of the receipt for purchase of your domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. You are responsible for updating the Administrative Contact’s email as identified in the previous Registrar’s WHO-IS database.
2.D. Transfers of Recently Renewed Domain Names
You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that Hiya Digital Private Limited is not responsible for this lost year and that Hiya Digital Private Limited will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that Hiya Digital Private Limited will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.
2.E. Data for Domain Transfer
You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to Hiya Digital Private Limited. As the current authorized Registrant of the domain name(s), you agree to authorize this transfer by notifying your Administrative contact of his/her responsibilities with respect to this transfer. You acknowledge that you and Hiya Digital Private Limited have entered into a Domain Name Registration Agreement. You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through Hiya Digital Private Limited as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any Hiya Digital Private Limited policies and procedures that are or may be published from time to time by Hiya Digital Private Limited, ICANN, and/or the Registry Administrator chosen by ICANN.
3. Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
4. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.