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Guidance

What does the Service cover?

The Service can only be used to adjudicate complaints about:

the manner in which Nominet took the decision that the Complainant was in breach of the Code, in the following ways:
a failure by Nominet to follow the Member Code of Conduct complaints procedure correctly and/or fairly;
a failure by Nominet to respond to the Complainant in a timely manner;
discourtesy by Nominet’s staff;
a failure to accept and/or apologise for mistakes;
that Nominet’s Member Code of Conduct complaints procedure is unfair.
the manner in which Nominet (including any agent acting on behalf of Nominet) took the decision to moderate a Contribution made by the Complainant to the Nominet Member Online Community, in the following ways:
a failure by Nominet (including any agent acting on behalf of Nominet) to follow the complaints procedure set out in the Online Community Terms correctly and/or fairly;
a failure by Nominet (including any agent acting on behalf of Nominet) to respond to the Complainant in a timely manner;
discourtesy by Nominet’s staff (including any agent acting on behalf of Nominet);
a failure to accept and/or apologise for mistakes;
that Nominet’s Online Community Terms complaints procedure is unfair.

Please note that the Service cannot be used to challenge a substantive decision taken by Nominet, including the decision that you breached Nominet’s Members’ Code of Conduct.

When can I use the Service?

To use the Service, you must have contacted Nominet’s Company Secretary within 10 working days of receipt of Nominet’s decision that you have breached Nominet’s Members’ Code of Conduct or of the date on which the Contribution was moderated, in order to challenge the manner in which that decision was taken.

Upon receipt of an application form to escalate your complaint to CEDR, you will have six weeks to submit your complaint to the Service.

Where can I find an application form for the Service?

Nominet will provide you with an application form for the Service, provided you have followed its complaints procedure and your complaint is something the Service can deal with.

About Adjudication

What can an adjudicator do?

This Service is a non-binding adjudication process. This means that an adjudicator is only empowered to make recommendations to Nominet.

Nominet has the sole discretion as to whether or not to action any recommendations.

However, if Nominet refuses to action any of the recommendations, they must state their reasons for doing so.

Please note that an adjudicator cannot overturn any substantive decisions by Nominet, nor can the adjudicator award any financial compensation or other remedies directly to you.

What recommendations can an adjudicator make?

If the adjudicator finds that the manner in which Nominet (including any agent acting on behalf of Nominet) took the decision that the Complainant breached the Code or that a Complainant’s Contribution be moderated did not meet a reasonable standard, they can make any appropriate recommendations to Nominet to improve its systems and practices for dealing with complaints.

In exceptional circumstances only, the adjudicator can make a recommendation to Nominet that the Member Code of Conduct complaints process or the Online Community Terms complaints process is re-run.

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