123-reg …. Automatic renewal on a domain I didn’t want!

Miss_Fox_2

I’ve used 123-reg for years, I have 3 websites hosted with them and over 20 domains. I don’t find there system very easy to use so I’ve had issues in the past where a domain or some hosting is renewed that I didn’t want or need. In the past, when I’ve explained not knowing how to use their system, they’ve sorted it out and been pretty good – but I still don’t get any further forward on finding out how to do it. I’ve raised the same problem 4 times now.

They renewed another set of domains I didn’t want which have cost me £35 for another 2 years. I’ve asked for a refund as I didn’t want it to renew and they are refusing to. Essentially it’s my own fault I guess. I now, as of this morning, understand how to do it but that’s too late now.

Where do I stand? They aren’t budging in attempting to help so I think my only option is to complain officially in writing to them. What would you do if this was you? Any advice on how to approach my letter of complaint? Any support much appreciated. £35 may not seem a lot but it’s money down the drain that I don’t have, to be wasting. I’m so frustrated and upset!

Thanks
Liz


P.S. Apologies if this is in the wrong place, I wasn't sure where to go!

bod1467

We sometimes see domain renewal questions in here, so don't worry.

Unfortunately the T&Cs you agreed to will have mentioned (probably) auto-renewal, and it would be your responsibility to either turn it off (via your control panel/account) or advise them in advance to let the domain expire. So there's probably not much you can do now, other than make sure the ones you don't want DON'T auto-renew, and perhaps transfer all your domains to another registrar.

Can you link to their T&Cs which explain about auto-renewal?

Miss_Fox_2

Thank you.

Here they are:

Domain Registration, Renewal and Refund Agreement

This Domains Registration, Renewal and Refund Agreement governs the terms and conditions in which You ("Client", "You" or "Your") register or renew domain names through Webfusion Limited trading as 123-reg Limited ("123-reg").
You hereby agree to these Terms & Conditions for Domain Registration, Renewal and Refund Agreement. The terms in this policy are supplemental to 123-reg's General Terms and Conditions, Privacy Policy & Acceptable Use Policy and You will be bound to all of these when carrying our business with 123-reg (collectively referred to as the "Agreement").
You acknowledge and understand that the services in respect of domain registration and renewal are limited to forwarding the application submitted by You for registration with the relevant naming authority.
If there is any conflict within the Agreement, the terms of the Domain Registration, Renewal and Refund Agreement shall prevail.
These additional terms may be amended by 123-reg at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.
1. Customer Warranties


1.1 You undertake and warrant to 123-reg that the registration of any domain name requested by it (a "Requested Domain") and the manner in which it is to be directly or indirectly used:

• 1.1.1 will not infringe any third party rights; and
• 1.1.2 is not being made in bad faith or could be considered to be an abusive registration under the relevant registration authority's dispute policies and procedures and
• 1.1.3 will at no time whatsoever be used for any unlawful purpose.

2 Registration

2.1 You acknowledge that, whilst 123-reg will use its reasonable endeavours to register a Domain (Requested Domain), we will not be obliged to accept any request to register or continue to process any registration of a Requested Domain where such a Domain has not been capable of registration.
2.2 123-reg makes no representations or warranties (expressed or implied) of any kind that a Requested Domain is available for registration or to the likelihood of a registration being successful.
2.3 You acknowledge that 123-reg cannot guarantee the reservation or registration of any Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.
2.4 For the avoidance of all doubt it shall remain Your sole responsibility to check if the Domain has been successfully registered by contacting the appropriate authority.
2.5 Upon successful registration, 123-reg will use reasonable endeavours to notify you of any renewal dates via the email address provided to us upon registration. This is subject to You providing 123-reg with an up to date and valid email address.
3 Renewals


3.1 123-reg will endeavour to automatically renew domain names when they are due for renewal subject to the following:

• 3.1.1 You have up to date and valid payment details stored and
• 3.1.2 You have selected through your Control Panel prior to payment date that you do not wish for 123-reg to automatically renew the domains.

3.2 All domains will automatically renew for the same period that they were originally registered for by default. Please note that .UK domains purchased through or transferred to 123-reg before 1 May 2012 will automatically renew for a period of two years. The provisions of this clause will not apply to situations where You renew the domain manually through your control panel for a new or extended term.
3.3 You acknowledge that 123-reg shall take payment for renewals up to 7 days in advance of the renewal date, in order to avoid any possible delays and ensure payment is delivered before renewal expires.
3.4 You acknowledge that when using PayPal and by clicking the 'Agree and Continue' button, You agree and consent to use PayPal for future payments to 123-reg.co.uk (Webfusion Ltd) and that these payments will be made in accordance with the terms of the User Agreement applicable to "pre-approved payments".
3.5 You acknowledge that payment will be taken from the payment method you have last used on the account. This could be the last credit card or debit card used, PayPal or direct debit payment. It is your responsibility if You wish to select or change a different payment source.
3.6 You acknowledge that Direct Debit Payments are requested 15 days before the expiry of the service and payment is taken 6 days after the initial request.
3.7 123-reg endeavours to confirm payments made on the day that Your domain name is due to expire.
3.8 You acknowledge that 123-reg have the discretion to vary the renewal rates from time to time without prior direct notice to You.
3.9 123-reg accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
3.10 In the event that a domain is not renewed by its expiry date it shall cease to operate and shall be deemed to have been "expired" as per our Expired Domains Terms and Conditions.
3.11. If 123-reg receives a request from the Client to renew the domain name(s) after the 16 day period, the Client agrees to pay the £75.00 redemption Fee (excluding VAT), together with any renewal Fee due.
4 Cancellations

4.1 If You wish to cancel future renewals of domain names, You must cancel them through your 123-reg control panel. This must be done at the very least 24 hours before the payment date.
You acknowledge that "payment dates" and "renewal dates" varies. For example the payment date of an invoice for a domain renewal is up to 7 days before the date of renewal for certain excepted domains.
4.2 In the event that a Domain name registered forms part of a hosting package and the package is cancelled, it is Your sole responsibility to ensure that the domain renewal is not cancelled should you wish to keep the domain.
5 Refunds


5.1 You acknowledge that invoiced domain registrations and/or renewals are non-refundable in whole or in part if the contract is terminated by You.
5.2 123-reg will not refund to you the cost of registering a domain name after You have submitted a domain name application form, provided that the domain name has been registered with the appropriate registrar. This is due to the bespoke nature of domain names. Domain names are personalised to the consumer's specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities.
Further to the above clause 5.1, .UK domain names may be refunded within 5 days of the invoice being created but notification must be made to us. Such refunds are at the discretion of 123-reg.
5.3 123-reg makes no representations as to how long refunds will be processed.
5.4 You acknowledge that 123-reg is unable to change or edit the spelling of a domain name after you have registered it and is not liable to refund any errors or omissions on Your part. For clarity, You are responsible for the correct input of the domain you request.
5.5 In the event that domain names have been misspelled in error and You have been charged for them, You may be eligible for a credit to Your account if You contact us within 3 days of registering the domain name but are not eligible for refunds. Late notifications will not qualify for any credit. You acknowledge that credit is granted at the sole discretion of 123-reg.
5.6 Further to clause 5.2 You acknowledge and understand that Domain names are not entitled to cooling off periods under Regulation 13(1)(c) of the Distance Selling Regulations 2000.
5.7 If You are a business entity or a representative of a business then you acknowledge and understand that the Distance Selling Regulations 2000 do not apply to You in respect of all services provided by 123-reg.
6 Ownership and Transfers

6.1 The transfer service offered by 123-reg is supplied on the basis that You will be responsible for changing the tag of the domain to 123-reg and to ensure that the transfer completes to Your specifications. If You cancel a transfer, You will be responsible for contacting 123-reg to arrange a refund for the incomplete transfer, if applicable.
6.2 On transfer, You can select to register the transferred domain for a minimum term of one year up to a maximum term of ten years, on certain domains. You acknowledge that the maximum terms for a particular domain may vary and are available on an "as is" basis as displayed by 123-reg.
6.3 123-reg will only allow a domain name owned or managed by You to be attached to the IPS tag of 123-reg or any of its Associated Companies if You have an active hosting account with 123-reg or one of its Associated Companies or You are holding the domain name within a 123-reg holding account.
6.4 123-reg shall determine the legal owners of a Domain to be those listed on the WHOIS results, whether this may be an individual or business entity.
6.5 In the event that ownership is disputed You acknowledge and agree to resolve all disputes prior to contacting 123-reg to organise a transfer.

6.6 If you wish to transfer ownership of a Requested or Registered Domain then You must do the following:

• 6.6.1 ensure that all necessary consents and permissions to that transfer have been obtained
• 6.6.2 deliver to 123-reg, on demand, documentary evidence of all such relevant consents and permissions.

6.7 You agree that on to transferring ownership of a Registered Domain to another person or registering a Domain on behalf of another person (the "Transferee") You will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at 123-reg's request.
6.8 123-reg will not transfer ownership of a Requested Domain until all Fees attributable to the services associated with the account, which are due have been paid by You to 123-reg.
7 Miscellaneous

7.1 123-reg may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to You.
7.2 You agree and acknowledge that 123-reg will make registration information provided by You in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority.
7.3 You further acknowledge that 123-reg may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. For further WHOIS Privacy terms please see our separate WHOIS Terms and Conditions.
7.4 You consent to any and all such disclosures, whether during or after the term of registration of the Requested Domain. You irrevocably waive any and all claims and causes of action arising from such disclosure or use of the domain name registration information by 123-reg.

bod1467

3.8 You acknowledge that 123-reg have the discretion to vary the renewal rates from time to time without prior direct notice to You.

If you pay by direct debit then (to me) clause 3.8 is in direct contravention of the DD mandate rules ... any change to expected date or amount of a direct debit MUST be advised in advance to the payee.

Do you pay by DD? Were the amounts different? Did they advise you in advance of taking payment?

(This may be your only get-out clause, by invoking the DD guarantee and reversing the payment. Alternatively, taking ALL your business elsewhere may persuade them to give a "goodwill" gesture).

shaun_from_Africa

Even if the amounts differed, 123-reg may well have a get out over the DD guarantee.

This is the exact wording used in the guarantee:

If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

and they may be able to argue that as both parties agreed to changes without prior notice then what they did was okay.

Miss_Fox_2

It was card payment as my details are stored online.


However...... Just had a message from them! As a gesture of goodwill (or perhaps they’ve had enough ofmy complaining!) they have refunded it for me.

Phew J