- Approved by the 33rd Domain Name Committee Meeting, March 2, 2004
- Revised by the 115th Domain Name Committee Meeting, Dec 9, 2021
Article 1 PURPOSE
The “Regulation for Consumer Dispute concerning the Domain Name Registration Services” (hereinafter referred to as “THIS REGULATION”) is prescribed for dealing with the consumer dispute concerning the domain name registration services.
Article 2 DEFINITION
In THIS REGULATION:
a. “Customer” means any person who applies or registers for a domain name.
b. “Consumer Dispute” means the dispute arising out of the domain name registration services between the Customer and Taiwan Network Information Center (hereinafter referred to as “TWNIC”) or the corresponding registrar commissioned by TWNIC (“Registrar”).
c. “Complaint” means the Customer initiating a complaint against TWNIC or the corresponding Registrar for the Consumer Dispute concerning the domain name registration services.
d. “Complainant” means the Customer who pursuant to THIS REGULATION initiates a complaint for Consumer Dispute concerning the domain name registration services.
e. “Ombudsman Institute” means TWNIC or the corresponding Registrar who accepts the Complaint.
Article 3 PRINCIPLE OF COMPLAINT HANDLING
Ombudsman Institute shall deal with the Complaint in a fair, effective, fast, free, and convenient manner.
Article 4 COMPLAINT HANDLING DUTY OF OMBUDSMAN INSTITUTE
The Customer may lodge a complaint against TWNIC or the corresponding Registrar it applies for the domain name registration.
Ombudsman Institute shall be liable to accept any Complaints lodged by the Customer.
Article 5 MECHANISM FOR HANDLING COMPLAINT
The mechanism for handling the Complaint shall be made by Ombudsman Institute and executed by designated staff or department.
The mechanism for handling the Complaint in the preceding paragraph shall include as follows:
a. Regulations and procedures for Complaint handling.
b. The Webpage, e-mail address, phone number, address, etc. for accepting a Complaint.
c. If there is any agency pursuant to the related laws may accept the consumer dispute concerning the domain name registration services, it shall be properly notified.
d. Other related matters that stipulated herein.
The mechanism for handling the Complaint in paragraph 1 of this Article shall be demonstrated publicly on the homepage of Ombudsman Institute’s domain name registration website.
Article 6 LODGE A COMPLAINT
The Complainant may lodge a Complaint with Ombudsman Institute by written notice, email, filling out a complaint form, phone, or in person.
The Complainant shall provide its personal information, the grounds and intents on which the Complaint is made, its contact details such as email addresses or telephone numbers while lodging the Complaint.
If the Ombudsman Institute finds the information provided by the Complainant is incorrect or deficient, it shall promptly notify the Complainant to correct any such deficiencies within three (3) days.
Any absence of making the correction or the correction remains incomplete within the time specified in the preceding paragraph will cause the Complaint to be rejected by the Ombudsman Institute. However, the Complainant may file a new complaint.
Article 7 FILING DATE
The filing date of Complaint shall be on the date on which:
a. the Complaint is received by the Ombudsman Institute and the information provided by the Complainant is correct and complete;
b. the Complainant has been corrected for any such deficiencies;
c. the Complaint has been transferred to the competent Ombudsman Institute by the Ombudsman Institute receiving the Complaint.
Article 8 PERIOD AND NOTIFICATION DUTY
The Ombudsman Institute shall notify the Complainant of the result by email or written notice within 15 days after the filing date and shall notify TWNIC of such information and the result relating to the Complaint.
Article 9 HANDLING MECHANISM OF MATERIAL COMPLAINT
The Ombudsman Institute shall submit to Domain Name Committee for resolution if the Complaint is considered severe by the Ombudsman Institute. TWNIC may invite experts or scholars for attending the meeting of Domain Name Committee, if considered necessary by TWNIC, and TWNIC shall notify the Ombudsman Institute of the result concluded by the meeting of the Domain Name Committee.
Article 10 COMPLAINT HANDLING PERCEDURE AND TRRANSFER
If the Ombudsman Institute accepting the Complaint finds that such Complaint shall be governed by other competent Ombudsman Institute, it shall transfer the Complaint to such competent Ombudsman Institute within three (3) days of the filing date and meanwhile notify the Complainant thereof by email or written notice.
The Ombudsman Institute shall negotiate with that competent Ombudsman Institute prior to the transfer of the Complaint. If no agreement being concluded, TWNIC shall be entitled to determine on which Ombudsman Institute shall handle such Complaint.
Article 11 AMENDMENT
TWNIC may amend THIS REGULATION depending on the development of the internet and the domain name system.
Article 12 APPLICATION OF THE LAWS
Any matter that is not covered by THIS REGULATION shall be governed by other relevant regulations provided by TWNIC or, if not covered thereby, shall be governed by the laws of ROC (Taiwan).
The registries shall have the right to interpret THIS REGULATION if any dispute arising out of THIS REGULATION between TWNIC and the Registrar.
Article 13 EFFECTIVE DATE
THIS REGULATION shall come into effect from thirty days (30) after being published on the registries’ website. Same shall apply to revisions thereof.
In case of any discrepancy between this translation and the original Chinese text, the Chinese text shall govern. Terms in this translation expressed in the singular should be construed as also including the plural, and vice versa.