Hi there. It sounds like the domain name provider has, either accidentally or intentionally, failed to provide the service you paid for. Technically, this may give you a legal right to claim compensation from the service provider for breach of contract, but this may be practically difficult.

The sale contract between you and the service provider may have been accompanied by terms and conditions (e.g. you may have clicked “I agree” to the terms of sale before making the purchase). These terms and conditions may set out the rights of both parties in a dispute and how a dispute should be resolved. You should read the terms of the contract again to see if it provides any information about how the dispute can be resolved. If you need help understanding the terms and conditions of the contract, you can speak to a lawyer.

If the terms and conditions are not helpful or were not provided to you at the time of sale, you should consider negotiating directly with the service provider. Explaining your concerns and providing evidence of the events that led to your website being shut down and your domain name sold may help the other party understand the dispute. You should also explain the financial loss you have suffered and justify the amount of compensation you are seeking.

If negotiating is not successful, you may want to contact Consumer Affairs Victoria (www.consumer.vic.gov.au) to see what assistance they can provide. If the service provider is based in Victoria, Consumer Affairs may be able to offer conciliation services to resolve the dispute. This is a voluntary process that would require the cooperation of the service provider.

Your last resort is taking legal action. In its most simple form, you may be able to claim compensation from the service provider for breach of contract. This claim would need to be pursued in court. Court proceedings are lengthy and costly and almost always require the assistance of a lawyer. Your claim may be very complicated if the service provider is not based in Victoria.

Suggested way forward

You should try to resolve the dispute by using one of the above options. If none of them are successful, you may want to speak to a lawyer who can advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.