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freitasm
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  #663958 30-Jul-2012 13:21
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Make sure you transfer the .com domain to your client's account immediately. You will still need to initiate the transfer process, the dev will get an email and will need to authorise the transfer, the whole thing should take around 24 - 48 hours.




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networkn

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  #663964 30-Jul-2012 13:28
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xpd: $75 for a .com is almost 2x the going rate....

Good that hes at least come to the party as such, but get it away asap...


Well at the end of the day, it's still within reasonable pricing, we will give it 12 months and see where we are at, that is the clients wishes.


nate
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  #664035 30-Jul-2012 15:08
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networkn:
xpd: $75 for a .com is almost 2x the going rate....

Good that hes at least come to the party as such, but get it away asap...


Well at the end of the day, it's still within reasonable pricing, we will give it 12 months and see where we are at, that is the clients wishes.



$75 is high, however, sometimes you've got to lose a battle to win the war.



mattwnz
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  #664037 30-Jul-2012 15:16
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nate:
networkn:
xpd: $75 for a .com is almost 2x the going rate....

Good that hes at least come to the party as such, but get it away asap...


Well at the end of the day, it's still within reasonable pricing, we will give it 12 months and see where we are at, that is the clients wishes.



$75 is high, however, sometimes you've got to lose a battle to win the war.


It depends what they are getting. The cost price is around $10 US for a .com, and if NZ web designers are reselling them, prices can range from $40 upwards. I think there are some NZ ISPs who still charge over a hundred for a .com registration. They do need some margin otherwise there is no point reselling them, and the margin covers additional support, which you won't usually get from buying it directly from a domain registrar, where their margins are tiny.

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  #664057 30-Jul-2012 15:50
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freitasm: Make sure you transfer the .com domain to your client's account immediately. You will still need to initiate the transfer process, the dev will get an email and will need to authorise the transfer, the whole thing should take around 24 - 48 hours.


Actually I was under the impression it was the registrant contact not the admin contact that got the email - if so, this developer just gave her the out she needs by changing the registrant details to her.

Also, Xtra still charges $75 a year for domain hosting (not including registration).  Just saying.

freitasm
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  #664058 30-Jul-2012 16:10
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You can just change registrant - you have to transfer it. If he's not transferring it, then it's not happening.




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mattwnz
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  #664087 30-Jul-2012 16:53
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Kyanar:
freitasm: Make sure you transfer the .com domain to your client's account immediately. You will still need to initiate the transfer process, the dev will get an email and will need to authorise the transfer, the whole thing should take around 24 - 48 hours.


Actually I was under the impression it was the registrant contact not the admin contact that got the email - if so, this developer just gave her the out she needs by changing the registrant details to her.

Also, Xtra still charges $75 a year for domain hosting (not including registration). ?Just saying.


Not if the email address is still in the name of the developer. They may have just changed the registrant name, and not the email address. However if they write the registrar a letter prove who they are, and it matches the name the domain is registered under, I beleive the registrar may have to provide the auth code to the registrant.

 
 
 

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mattwnz
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  #664088 30-Jul-2012 16:55
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Kyanar:
freitasm: Make sure you transfer the .com domain to your client's account immediately. You will still need to initiate the transfer process, the dev will get an email and will need to authorise the transfer, the whole thing should take around 24 - 48 hours.


Actually I was under the impression it was the registrant contact not the admin contact that got the email - if so, this developer just gave her the out she needs by changing the registrant details to her.

Also, Xtra still charges $75 a year for domain hosting (not including registration). ?Just saying.

'
I think they now charge $45 for .nz domains, but don't know if that also applies to .coms. I recall reading that they are now a domainz reseller.

freitasm
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  #664123 30-Jul-2012 17:41
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mattwnz:
Kyanar:
freitasm: Make sure you transfer the .com domain to your client's account immediately. You will still need to initiate the transfer process, the dev will get an email and will need to authorise the transfer, the whole thing should take around 24 - 48 hours.


Actually I was under the impression it was the registrant contact not the admin contact that got the email - if so, this developer just gave her the out she needs by changing the registrant details to her.

Also, Xtra still charges $75 a year for domain hosting (not including registration). ?Just saying.


Not if the email address is still in the name of the developer. They may have just changed the registrant name, and not the email address. However if they write the registrar a letter prove who they are, and it matches the name the domain is registered under, I beleive the registrar may have to provide the auth code to the registrant.


Which will be sent to the email on file IIRC...

All still very dubious.





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nate
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  #664710 31-Jul-2012 16:10
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I've just put up a blog post which hopefully will help users who are unsure about domains and ownership.

muso
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  #664740 31-Jul-2012 16:42
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A couple of legal issues crop up here.

1. Is a domain name actual property? Do you "own" it once registered? Or - is it a licence you get, or just a service like when you pay yellow pages to list your business? I am not sure the answer to this is clear.

2. Assuming domain names are property, why are the WHOIS details more than just relevant evidence? It's not (afaik) like LINZ where you have a whole legal system geared around the indefeasability of title (with land, you can say "I am on the title therefore i am the owner" and nobody can challenge that). Who the actual owner is would (arguably) depend on more than the WHOIS database. If I gave you money to register a domain name for me, but you do it with your own details, then I would argue you hold the domain name on trust for my benefit. You would have to do what I say. In legal speak, you hold title but I am the equitable owner.

Some posts in this thread have confused the OP's situation with one where a cybersquatter (ie unrelated party) registers a domain name in a situation that might infringe a stranger's legal rights. In this case there is already a legal relationship between the parties, so the OP or others in a similar position should not need to rely on the UDRP.

mattwnz
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  #664753 31-Jul-2012 16:52
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muso: A couple of legal issues crop up here.

1. Is a domain name actual property? Do you "own" it once registered? Or - is it a licence you get, or just a service like when you pay yellow pages to list your business? I am not sure the answer to this is clear.

2. Assuming domain names are property, why are the WHOIS details more than just relevant evidence? It's not (afaik) like LINZ where you have a whole legal system geared around the indefeasability of title (with land, you can say "I am on the title therefore i am the owner" and nobody can challenge that). Who the actual owner is would (arguably) depend on more than the WHOIS database. If I gave you money to register a domain name for me, but you do it with your own details, then I would argue you hold the domain name on trust for my benefit. You would have to do what I say. In legal speak, you hold title but I am the equitable owner.

Some posts in this thread have confused the OP's situation with one where a cybersquatter (ie unrelated party) registers a domain name in a situation that might infringe a stranger's legal rights. In this case there is already a legal relationship between the parties, so the OP or others in a similar position should not need to rely on the UDRP.


With NZ domains, I think that you only have the right to use the domain for the term you paid for, you don't 'own' it. You are the 'registrant'. But would be interested to know the real answer.

muso
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  #664772 31-Jul-2012 17:07
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mattwnz: With NZ domains, I think that you only have the right to use the domain for the term you paid for, you don't 'own' it. You are the 'registrant'. But would be interested to know the real answer.


I have a suspicion this is correct.

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