The contents summary below is for guidance only. You should read all sections of these Terms and Conditions in
full.
- CONTACT DETAILS
- DEFINITIONS
-
PURPOSE & VALIDITY
-
ADMINISTRATION OF SERVICES
-
CLIENT WARRANTIES AND OBLIGATIONS
- CANCELLATIONS, DELETIONS, NEW PAYER
- SUPPORT
- NOTIFICATION
- TERMINATION
-
LIMITATION OF LIABILITY & WARRANTIES
- JURISDICTION
During the following, we may refer to Internet links or other documents (internal or external) which legally
form part of these Terms. Should you need assistance with retrieving these, please let us know.
- Legal domicile:
Web Solutions A/S
Odin Havnepark
Lumbyvej 11C
DK-5000 Odense C
Denmark
- Company registration and VAT number: DK26988934
- Support email: support@web-solutions.eu
- Other queries: hostmaster@web-solutions.eu
- Telephone: +45 70262025 or +44 (0) 20 4571 1971
- Fax: +45 70262024
- Website: www.web-solutions.eu
- For legal documents, please send attention to “Legal Department”.
-
Office hours (CET):
Monday through Friday: 08:00-19:00
The office may be closed on official
holidays which cover both UK/DK/PL.
- Agreement / Terms – Short for the present Terms and Conditions.
-
Domain Name Management (DNM) – A broad term definition for registration, maintenance,
administration, and other value added domain name management services provided by Web Solutions pursuant to
this Agreement.
-
TLD – “Top Level Domain.” A “gTLD” is an international generic TLD such as .com, .net,
.org, and a “ccTLD” is a (country specific) country code TLD such as .co.uk, .tw and .se.
- Registry – A Top Level Domain authority which administers a given gTLD or ccTLD.
-
Registrant – The legal holder of a domain name; i.e. the organization purchasing a domain
name. It includes any agent acting on hehalf of an underlying registrant.
-
Registrar – means a company such as ourselves which offer domain name management services
at all levels.
-
DNS – A Domain Name System is a server which performs the mapping of domain names to IP
numbers. Normally a domain name is hosted by at least two DNS servers which points Internet traffic to
relevant web and mail servers.
-
DNS Service – Placing a domain name on Web Solutions’ DNS and, if required, forwarding to
specific website, webpage, web server or email server.
-
Services – Any domain name product or related service which we agree to provide for or
administer of your behalf.
-
Data – Includes information, documents, text, software, music, sound, photographs,
graphics, video, messages and other materials of any kind and in any form.
-
Regulations – All applicable local – or international laws, statutes, regulations, dispute
policies, privacy laws, standards or codes of conduct related to the use of a TLD.
-
ICANN – the Internet Corporation for Assigned Names and Numbers, a nonprofit corporation
which oversees four key functions of the Internet:
- The management of the domain name system;
- The allocation of Internet Protocol (“IP”) address space;
- The assignment of protocol parameters; and
- The management of the root server system.
-
Whois data/contacts – The official data and designated contacts at registry level,
including administrative contact and billing contact.
-
The purpose of this agreement is to specify the guidelines, Terms and Conditions (Terms), under which Web
Solutions (WS) undertakes to manage domain names and/or related services (collectively: Services) on our
clients’ behalf.
- The Terms enter into force when you, or your agent, submit your application for Services to WS.
-
The Terms apply to all parties involved in an application or the management of Services, including the
person filing an application, the domain holder, the domain end-user and any person acting as agent on
behalf of one or more of the before mentioned.
-
Please note that we are not bound by, nor should you rely on, representation by any agent or employee of any
third-party, whom you may use to apply for our Services.
- The Terms take precedence if inconsistent with any material on our website or in other agreements.
-
Any agreement made outside these Terms must be made in writing and duly signed by authoritative
representatives in order to be valid, with the exception of Local Presence (LPS) User Certificates, which
does not need to be signed by the client.
-
-
These Terms are severable in nature. If any specific term or section is declared invalid, the
remaining terms or sections will continue to be valid and remain in force.
-
-
We may need to update the Terms from time to time. Such alterations will automatically become a part
of the existing agreement between yourself and WS.
-
WS is not obliged to notify users specifically of the updates. However, notification of a pending
update and a copy of the updated Terms will, unless external factors such as time restraints makes
this impracticable, be posted on our website at http://www.web-solutions.eu/terms at least 30 days
prior to their taking effect. Please check this web address regularly.
-
If you do not agree with the updates set forth, you may with a reduced 14 days notice, in writing,
terminate the specific Services affected by the update, or transfer these to another Registrar. You
recognize that complying with such request for termination or transfer is WS sole responsibility and
liability under these circumstances. You will not be entitled to any refunds or damages, and must
continue to pay any fees previously owed.
-
Continued use of any of our Services after an update of the Terms has taken effect, will be
considered as you agreeing to the changes.
-
-
By entering into this agreement, you agree to be bound by the following Registry regulations:
-
All terms and conditions of ICANN’s gTLD policies and its Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org, which hereby is incorporated and
made part of this Agreement by reference for all gTLD’s.
-
The domain name policies and dispute resolution policies adopted by any relevant ccTLD
Registry or otherwise set forth through country specific courts, legislature or regulations.
All relevant ccTLD policies are to be considered incorporated into this Agreement and may be
found at each Registry’s website as listed at
www.iana.org or
www.icann.org.
-
You understand that domain names may become subject to suspension, deletion or transfer if
such decision is made by a Registry or similar authority, or a decision is made on the basis
of a domain name complaint or dispute.
- WS cannot be held liable for the actions of a Registry.
-
Specific regulations:
-
Each Registry has its own set of rules, and some Registries restrict or disallow certain
procedures. For instance, in some countries it is not allowed to transfer domain names to a
new Registrar for a period of time after registration or right before or after a renewal
date. Other Registries does not allow transfers of ownership at all, and some require that
DNS/nameservers must be physically located within the country.
-
WS is not required to inform our clients of such current or future restrictions, so long as
they do not prevent the client from operating its Services on a normal basis.
4. ADMINISTRATION OF SERVICES
back to top
-
COMPLAINT AND ABUSE REPORTING
back to top
-
A Client not satisfied with the services provided by WS, or anyone who wishes to make a complaint or
report abuse, can contact WS via telephone or by sending an email to
support@web-solutions.eu.
-
PRINCIPLE OF SUBSCRIPTION
back to top
-
Unless specifically agreed otherwise, all Services purchased with WS (domain names, hosting, DNS
etc.) are to be considered subscriptions and will be renewed automatically and periodically.
-
Unless we explicitly inform you otherwise, you are thus not required to “opt-in” for renewal, as
required by some Registrars. Ultimately, unless you cancel your Services they will be automatically
renewed and you must pay the relevant fees. It is your own responsibility and main obligation to
keep track of upcoming renewal dates and in time cancel any Services you do not wish to renew.
Please see the
“Cancellations”
section for details on how to cancel correctly and in time.
-
Renewal periods are typically annual, but sometimes biannual. These annual renewal fees will be
invoiced ahead of each relevant period.
-
Domain renewal dates put forth by WS are to be considered as agreed upon by WS and our client, and
are not required to follow official Registry renewal dates or periodical patterns.
-
-
An order agreement is considered valid and binding for the client when ordered by email directly to
an address at WS, when a signed order form has been delivered to WS (email, fax, post), or when
payment has been made up-front. WS is not required to confirm the order or confirm receipt of
payment, and may proceed directly to processing the order.
-
Any orders confirmed by WS may be declined by WS within a period of 72 hours after such confirmation
has been made. Further, WS is at any time and with any delay entitled to refuse orders filed by the
client, when such is placed without prior correspondence indicating a willingness on the part of WS
to accept the order in its entirety.
-
Unless specifically agreed otherwise, each separate item of an order is to be considered an
individual suborder (severability) and will be processed and charged as such. In the event that
parts of the overall order cannot be processed, the remaining portion of the order will remain in
force and WS will seek to process, complete and charge those order items that can still be
processed.
-
Services that are specifically tied to a given domain name (hosting, DNS) will only be considered
delivered, if the related domain name is also delivered (registered, transferred in).
-
Generally, a registration fee is the service of registering a domain as will in most instances also
include the first periodical fee. If a client orders a domain and WS provide the registration
service as agreed, but the domain is subsequently declined or not activated at no fault of WS, then
WS is entitled to keep the registration fee as payment for its administrative services rendered.
-
Payment for any item not delivered due to circumstances which have arisen directly from errors made
by or as a result of unreasonable delays by WS will be returned, or credited to the client’s
account.
-
WS does not guarantee any delivery time. Generally, gTLDs and most ccTLD’s will be registered within
24 hours, but many registries are run manually or require extensive documentation and registration
can therefore sometimes take several weeks.
-
Unless a specific deadline is agreed before ordering, a delay in itself, even if its weeks, is no
valid grounds for cancelling an order, unless the delay is specifically and unequivically the fault
of WS. Should the client still wish to cancel, then WS is entitled to keep the registration fee.
-
Some domain registries operate lists of socalled ‘Premium’ domain names, that are registered and
renewed at significantly higher prices than regular domains. Other registries may charge more for 1-
or 2 letter domains. The price lists at WS websites cannot take into consideration every such
instance, and should our order system by mistake accept an order for a Premium or higher priced
domain at regular rates, then both the client and WS is entitled to decline the order – whereafter
the prepaid fees will be returned to the client.
-
Please observe that you have no rights to a domain, until such time that the relevant Registry has
proceeded to accept your application and activated the domain.
-
Offers tendered: Offers put forth by WS are valid for the duration stated in the
offer. However, an offer can never be valid for more than 60 days. If no time period is stated for
an offer, it shall be considered valid for 14 days.
-
DOMAIN NAME MANAGEMENT
back to top
-
Domain registrations:
-
WS will use its best endeavours to apply for – and register domain names on your behalf. WS
will handle all communication with the relevant Registries. Further, WS will, when possible,
assist with the preparation, completion and filing of all required documents.
-
WS will seek to, but are not required to, notify you of the outcome of all domain
applications. A failure to or significant delay in informing you that a domain name has been
successfully delivered is not grounds for your refusal to pay registration or renewal fees.
-
Failed registration or renewal:
-
You acknowledge and agree that we cannot guarantee your being able to register or renew a
desired domain name, even if our systems, know-how or prior experiences suggest that this is
possible. Regulations may have changed or the domain name may be simultaneously applied for
by a third-party, be blocked by the Registry, banned or otherwise unavailable due to events
outside of our control.
-
DNS settings:
-
Unless we are otherwise notified in advance, all new domain names will be registered using
WS’ DNS.
-
Some Registries require that name servers are configured in advance for a specific domain
name, and may require certain standards for name server configuration. If the external DNS
as specified by you does not meet these requirements, WS will seek to register and secure
the domain using our own DNS.
-
Changing name servers is free of charge for gTLD’s, but will normally involve an
administrative charge for ccTLD’s.
-
Registration period:
-
Registration of domain names may take anywhere between seconds for certain gTLD’s, and
several weeks for some geographically remote countries.
-
WS may opt to provide estimates of how long a registration process takes. Such estimates are
only advisory, and do not constitute a guarantee of meeting a deadline.
-
Administrative Services:
WS will on demand supply administrative services such as:
- Transfers of management of domain names to WS
- Transfers to new Registrant
- Updates of domain name data, contact persons
- Domain name screening and analysis
- Consulting on technical matters
- Domain portfolio consolidation
- Transfer in and out, sending Auth. Codes
- Client specific agreements or terms
WS will usually charge a fee for any administrative services. Such fees are agreed upon on a case by
case basis.
-
Domain contacts:
-
WS will register all new domain names using the Registrant details provided by you at the
time of ordering, or as agreed upon in advance. You or an appropriate representative for
your company will generally be listed as legal- or administrative contact for the domain.
-
When deemed appropriate for the successful registration or management of a specific TLD, WS
may opt to enter ourselves, one or more of our employees or their email address under data
for administrative contact. WS is not required to inform you of such decisions.
-
WS will always enter itself as default billing -, technical – and zone contact for all
domain names upon registration or transfer in.
-
Domain transfer-in:
-
When transferring domain names or other Services to WS, we can only assume responsibility of
management of such after the service has been fully transferred to our management. Any
events that may occur prior to this can in no way of form be attributed to WS, even if we
have received Auth. Codes or similar data/documents.
-
When transferring domain names to Web Solutions, it is the clients responsibility to cancel
such domain names
in time with the previous provider.
-
Documentation requirements:
-
You agree that you will promptly and without unnecessary delay provide relevant information,
documentation or sign documents, when such is requested by WS as an integral part of WS’
obligation of managing your Services. If failure to register a domain name is due to
paperwork delays on the side of our client, WS is not required to return payment for the
particular domain.
-
Domain purchases, negotiations:
-
From time to time, WS may agree to act as intermediary on behalf of a client, for the
purposes of contacting a third-party with the intent of negotiating or effectuating the
purchase or sale of a domain name. Such Services are provided “as is”, without any guarantee
of success or acceptance of liability on the part of WS.
-
High priority domain names:
-
As a security measure, domain names which are of particular importance to you should always
be renewed for the maximum advance years/periods possible, eliminating any short term risk
of losing the domain. WS will upon instruction, on a continuous basis, renew the relevant
domain names for an agreed period in advance.
-
Multiple applications:
-
If you or persons related to your company simultaneously file applications for the same
domain name with both WS and other Registrar(s), then you are not entitled to any refund,
regardless of the outcome of the application, so long as WS has made reasonable efforts to
secure the domain.
-
Domain solicitations:
-
Due to its capacity as Registrar, billing – and technical contact, WS regularly receives
requests from third parties interested in purchasing domain names managed by WS, or selling
related domain names to WS’ clients. WS will not and is not obliged to inform our clients of
such solicitations.
-
General management:
-
WS will from time to time perform administrative updates on domain data to meet local requirements,
and will typically not inform its clients about these changes.
-
WS may opt to renew a domain or service several years in advance for ease of administration
purposes, without invoicing the client a similar period ahead of time.
-
WS will generally not inform client informed of its dealings with registries, and will not CC its
clients on email communications with the registries.
-
-
Fees:
-
As consideration for the Services provided by WS, a fixed periodic maintenance fee will be
charged. This will for each Service typically be in the form of an annual or biannual
maintenance fee, due on the anniversary of the domain name registration date or
implementation date of a related Service.
-
The renewal fees charged by WS will always include renewal fees at Registry level (local
fees).
-
All standard fees for new registrations are available at https://www.web-solutions.eu. For
most clients, renewal dates and renewal fees will further be available by logging on to your
Customer Panel.
- Registration or maintenance fees can under no circumstances be refunded.
-
From time to time, WS may with 30 days notice opt to amend its standard fee levels. Unless
these changes are very significant, WS is not required to inform you directly of such
changes. Instead, changes that constitute an increase will be announced at
www.web-solutions.eu at least 60 days prior to their taking effect.
-
WS fees are calculated in US Dollars. In the event of a depreciation above 5% of the US
Dollar against the Euro, WS is entitled to amend its fees accordingly with 30 days notice.
The change in fee levels can be no more than the depreciation incurred.
-
Invoices:
-
You agree that invoices are valid, whether sent by email as attachments or via fax or postal
mail.
-
It is your responsibility to check your spam/junk mail folder to make sure no email and
invoice was placed there mistakenly.
-
Invoices will normally be forwarded by way of email as an attached .pdf file. This type of
file can be read with several programs, including Acrobat Reader which can be found at
https://www.adobe.com
or
https://www.adobe.com/acrobat/pdf-reader.html.
- Upon request, invoices can (also) be forwarded by way of postal mail
-
Invoice intervals may be agreed on individually. If no such agreement exists, WS will
generally on a monthly basis invoice all Services due for renewal during the upcoming 2
months period.
-
WS is however in no way or form required to send invoices at any specific time in relation
to the creation- or renewal date of Services, or at any specific intervals. WS may also at
any time accumulate Services rendered and invoice these after they have been delivered. This
specifically includes registration and renewal of domain names and Services related to
these, as well as services invoiced on an hourly basis.
-
If emailed invoices are returned, a letter invoice will be sent by postal mail. If the
letter is also returned, WS may opt to but is not required to make further attempts at
locating a valid delivery address or establishing contact with the client.
-
PAYMENT TERMS & -METHODS
back to top
-
Payment terms:
- Unless agreed otherwise, payment terms are 14 days net.
-
Reminders:
-
If payment has not been received, WS will forward reminders by way of email or regular post.
In the event of continued non-payment, WS will forward a notice by way of postal mail. A
reminder fee of Euro 15,00 will be added.
-
If 14 days has passed since the payment due date of the invoice and payment has still not
been received, or if payment made by you is revoked, WS is entitled to forward the case to
debt collection. WS will consider the agreement terminated and may simultaneously and
without further notice, take action not to renew or to actively delete any or all domain
names or related Services pertaining to your account.
-
An interest rate of 2,00% per running month will be applied to any amount due, until such
time that full payment has been restored.
-
Partial payment/unpaid invoices:
If partial payment of outstanding invoices is
made, while other invoices are left unpaid, and WS has unsuccessfully made reasonable attempts to
agree a repayment plan with the client, or such agreement is misheld by the client, WS is entitled
to suspend the clients entire account(s), and not renew any Services further.
-
Payment methods:
Due diligence checks and a verification process apply for all new clients.
-
WS accepts online payment with an array of Credit Cards including VISA and MasterCard.
We also accept PayPal and Wire Transfer via bank.
Some payment methods may incur
a processing fee specific to the chosen method.
-
Wire transfer instructions:
Account details are printed on all
invoices and reminders. You must always instruct your bank connection to
add invoice number to any given payment via wire transfer, otherwise we
cannot guarantee that your payment will be identified. Please keep a copy of your payment
receipt for identification purposes.
You must always pay all bank fees at both ends
(SEPA payments excluded). Any bank transaction fees levied upon WS will be added to your
next invoice.
- We do not accept cheques, unless agreed in advance.
-
CUSTOMER PANEL, DOMAIN/DNS/SERVICES MANAGEMENT
back to top
-
WS will provide an online Customer Panel, where clients can view lists of domain names and services
managed by WS, as well as fees, renewal dates and invoices.
-
The Customer Panel shall be considered a non-essential supplementary Service in connection with the
main objective of managing your Domain Name Portfolio and other Services.
- The Customer Panel is not a guaranteed Service.
-
Data in the module:
-
Authoritative information concerning domain name data is found only at the relevant
Registry’s database. The data contained in WS’ online module is not always tied directly to
such databases, and shall thus be considered as advisory only.
-
If you make changes to your domain names without consulting or informing WS, such as changing owner,
contacts or DNS, the data provided by WS will become obsolete. WS may log transactions in the
system, but is not required to store historical data or transactions made by you or us.
-
-
WS offer a proxy service on certain restricted TLD’s whereby WS, or its relevant local
office/address or its local agent is listed as the official legal holder and/or administrative
contact for a domain name. A similar Service may also be offered for unrestricted TLD’s where a
client wishes to remain anonymous.
-
This service is also sometimes referred to as “Local presence”, “Local presence service” or “Agent
service”.
-
Nothing in the agreement to provide a proxy service shall be construed as creating a partnership or
joint venture of any kind between WS, our client or the end-user of the domain.
-
User Certificate:
-
WS will generally issue a signed User Certificate to clients using its proxy service, but is
however not required to do so in order for its merits to be applicable to the service.
-
If you have not received a User Certificate for all of your LPS domains, then please contact
us in order to receive one
-
The User Certificate will be issued only after a specific order has been processed in full.
It will detail the client’s rights of use of the domains, as well as WS terms for providing
the Service.
By placing an order for a proxy service or by renewing such Service you acknowledge the terms
below:
Terms of proxy service:
-
WS must at all time be the maintaining registrar of a proxy domain name. WS will continue to
renew the domain name so long as applicable annual fees are paid in time. Prepaid annual
fees will not be returned.
-
Adherence to laws/regulations (in relation to proxy service):
If a proxy domain name is
used for illegal communication in relation to, but not limited to, local laws, WS will
delete or render the domain name inactive immediately. If a domain name is used to
communicate content of an unethical or immoral nature, the domain name will be suspended
until such time that the content has been altered to WS’ satisfaction.
-
WS or its agent is supplying the proxy service in good faith, but cannot guarantee against
unforeseen interruptions or discontinuance of Service. In the event that WS is instructed by
a Registry, court of law or similar institution to either amend the legal structure of a
domain name or delete it completely, WS will do so immediately, and cannot in any way or
form be held responsible for the occurred.
-
WS is entitled to at its sole discretion, and without informing the Client, update address
data or transfer ownership of proxy service domain names between its local presence agents.
-
Third party rights (in relation to proxy service):
You agree that to the best of your
knowledge, the domain name does not in any way or form violate a third-party’s trademark or
other rights, or violate any direct or indirect laws or procedures in the relevant countries
and beyond. If however, at any point in time a domain name is judged by WS to be in such
violation, WS is entitled to react independently to protect itself, and may without
limitation take measures such as rendering a domain inactive, transferring it to a new
holder or deleting the domain name.
-
Cyber squatting (in relation to proxy service only):
It is expressly not permitted to
use WS proxy service for the purpose of purchasing and selling domain names. Any domain name
found to be “on sale” will immediately be rendered inactive or deleted. Exception may be
made for a generic type domain, in which case such exception must be expressly agreed upon
in writing prior to the ordering of the domain name.
-
Indemnity (in relation to proxy service):
You agree to defend, indemnify and hold WS
harmless from and against any loss, damages or costs, including reasonable attorneys’ fees,
resulting from any claim, action, proceeding, suit, demand or dispute arising out of or
related to any proxy domain name registration, proxy domain transfer or use of a proxy
domain name.
-
In the event that a complaint is filed against WS or its agent, either directly or via a
local court or dispute resolution procedure, or similar process, WS has no obligation to
defend the domain registration or take part in such procedure. WS may opt to instruct our
client to within 7 days provide WS with proof of a legitimate right to the domain, or
otherwise reach a written agreement with WS as to how to respond to the complaint. However,
WS is entitled to without further notice protect itself and may without limitation take
measures such as rendering the domain inactive or deleting the domain name.
-
Limitation of liability (in relation to proxy service):
In the event of loss of a
domain name or in the event of loss of a Service for a period of time, WS or our agent
cannot be held responsible for any losses sustained by our client, directly or indirectly,
even if WS has been advised of the possibility of such loss or damages. When a local agent
is used rather than a local WS office, WS have appointed the agent after careful
consideration, but cannot in any way or form be held responsible for actions taken by the
agent now or in the future.
-
Transfer out of Proxy Service domains
Our general cancellation terms also
apply to Proxy Service domains. In addition to these requirements, you must provide us with the
details of a new domain holder which fulfills the local presence requirements of each domain. Prior
to processing the transfer out, Web Solutions will change the ownership of the domain names to the
new holder assigned by you. A fee will apply for each domain for this change of owner service. The
fee will be minimum 150,00 USD per domain, but may be higher for some TLD’s. Some TLD’s will incur a
mandatory annual renewal in connection with the change of holder (as per registry level
regulations). In such events, the domain name will be renewed a year from the date of the change of
holder, and the full annual charge including Proxy Servicee will be charged in addition to the
change of owner fee.
-
PRIVATE DOMAIN REGISTRIES
back to top
-
WS offer registration of a number of third level domain names, which are effectively sub-domains to
second level domain names owned by private persons or entities. These include registration under
.uk.com, .eu.com, .co.ee and similar domain names which are third level sub-domains of a second
level gTLD.
-
By virtue of these domain names being administered and owned by third party entities, WS offer no
guarantees that we will be able to register or even renew this type of domain names. Registration of
such must be considered significantly more risky than registering a normal TLD, managed by an ICANN
recognized Registry.
-
By registering or renewing such a domain, you acknowledge that WS cannot in any way or form be held
responsible for actions taken by the owners of the second level domains, at present time or in the
future.
-
DEFAULT DOMAIN PARKING PAGE
back to top
-
When you register a domain name using WS’ DNS and do not provide us with instructions regarding
web-forwarding, the domain name will generally be forwarded to a default web page. The page will
inform that the domain name has been registered, and may be used by WS for marketing purposes and
information about our Services, including a domain search function.
-
-
To all contact persons, WS will occasionally distribute an email newsletter with information about
domain name regulation changes, launches or other domain name related news.
-
-
It is your obligation to immediately notify WS of any security breaches you know of, or suspect may
have taken place.
-
User details & passwords:
-
When provided with a User ID and password for your online domain account, email, FTP or
other, it is your responsibility to keep this information secure. Please note that a number
of critical Services such as renewal or cancellation of domain names, email settings and
website files can be managed via your online account(s). It is solely your responsibility to
keep a safe record of, and frequently back-up these settings or files.
-
You are solely responsible for any person who uses your Login to access WS Services, whether
authorized or not. WS can never be held responsible for unauthorized use of your login
details.
-
If you suspect that your login details have been compromised, please contact us immediately
at support@web-solutions.eu in order to retrieve a new login.
-
If you have lost your password, WS will forward this to any identifiable contact as listed
below.
-
Identification:In order to carry out tasks given by our clients, WS’ staff is
required to positively identify the client. A positive ID is accomplished if filed by:
- a request received from a client logged in to the Customer Panel
- the email address on record
- a company specific email address from a previously known contact person
- a signed order sent by the contact person on record
- a signed order sent by the client’s company on its official letterhead
-
In the event of new orders, an order placed via an email address from the client’s domain will be
deemed sufficient. Restrictions apply to cancellations.
Please see the
“Cancellation”
section.
-
Anti SPAM measures:
-
WS will generally filter or block open relay servers and other identified sources of high
volume electronic traffic.
-
WS does not allow use of its websites, mail servers or Internet servers for sending or
providing content for electronic mail, whether solicited or unsolicited, to a large number
of recipients. The limit is set at 500 emails on a daily basis. If such volume traffic is
suspected, WS will immediately close down the source, and reserves the right to claim
compensation for any costs or damages incurred, including time spent reacting to the matter
or reacting to complaints in relation hereto.
-
Clients which have the need for sending Newsletters or similar mass mailings which supersede
the above limit are required to purchase an email- or hosting package which includes this
Service.
-
Personal data:
-
Some Registries require personal data for specific contacts. WS will only use such data for
domain specific purposes, and will protect the data from unauthorized disclosure.
5. CLIENT WARRANTIES AND OBLIGATIONS
back to top
-
You represent having authority to enter into this Agreement, and that you will comply with WS’ instructions
and requests in order to best allow us to maintain the Services provided to you.
-
Any entities or contact persons associated with the Services you have ordered must have given their consent
to the filing of the order, and must have been informed that data filed may become publicly accessible via
the Internet.
-
Statements and data in your application must be complete and accurate. Deliberate filing of inaccurate or
false information constitutes a breach of this Agreement.
-
Third party rights, purposes:
You warrant that, to the best of your knowledge, your use of WS’ Services
will not infringe upon any third party’s intellectual property – or other rights. You will not knowingly use
a domain in violation of applicable laws or regulations, and you are not registering or using a domain for
an unlawful purpose.
-
MAINTAINING CONTACT DATA
back to top
-
You must on a continuous basis provide us with valid contact details, specifically a valid email
address. You are required to without delay notify us of any changes in data, legal structures or
contacts.
THIS IS YOUR MOST IMPORTANT ADMINISTRATIVE OBLIGATION.
- Our loss of up-to-date contact data may lead to your Services being cancelled.
-
Replacement contacts:
If you appoint a new contact person, be that on a temporary or permanent
basis, you must inform the new contact person of the presence of these Terms, as well as the merits
of day to day dealings with WS.
-
-
If you use a third-party to file your application, make payment or manage your domain names and
relations vis-à-vis WS, that person will be considered your agent and will have full authority and
responsibility to act on your behalf.
- If an agent fails to make a payment to WS, we will invoice the domain holder directly.
-
If you are entering into this Agreement as an agent acting on behalf of a domain holder, you warrant
having informed the domain holder or end-user that he will ultimately be held responsible for making
payment to WS, should you fail to do so, even if the domain holder has paid you or any other party
for the relevant Services.
-
If you license use of a domain name to a third-party, you are nonetheless the client, and remain
fully responsible for your obligations pursuant to this Agreement.
6. CANCELLATIONS, DELETIONS, NEW PAYER
back to top
-
If you decide not to renew a domain name or periodic Service, you must give WS notice of cancellation. This
is a mandatory requirement.
-
Cancellation requests must be in writing, hereunder email from an authorised address. Cancellations can
never be made over the phone or ‘in person’.
-
In order to avoid paying additional renewal fees, such cancellation requests must be rendered a minimum of
45 days prior to the expiration date of the relevant Services.
-
The cancellation request must specify the exact Services you wish to cancel. We cannot accept cancellations
for non-specific Services such as “all my domains” or “my account”.
-
WS will accept cancellation requests submitted:
-
from the Customer Panel, using the cancellation system incorporated herein – This is the recommended
option!
- as an email addressed to WS Support, sent from an authorised email address
-
as a signed order addressed to WS, sent by the client company printed on its official letterhead
- as a signed order addressed to WS, sent by a fully authorized attorney or agent
-
Cancellation requests are only valid once you have received a confirmation of receipt by WS.
If you make the request via the Customer Panel, you will immediately receive a confirmation. If you send a
cancellation request via email, courier or postal mail, you should receive confirmation within 72 hours. If
you do not receive a confirmation, no matter the origin of the request, you must contact us again and ask
for a receipt confirmation, otherwise the cancellation request can not be considered valid and will expire.
-
A confirmation of receipt is not a confirmation or approval of the merits of the cancellation request – it
is merely a confirmation that we have received your request.
-
Once received, cancellation requests will be processed by WS in observance of any other terms or conditions
that may apply to the specific case.
-
Cancellations will be deemed received at the times specified in the
“Notifications” section.
-
WS may charge a reasonable processing service fee for cancelling/deleting a ccTLD, or large numbers of TLDs
in general (5+).
-
WS is entitled to delete cancelled ccTLD’s up to 45 days before the expiration date of the domain name. This
does not apply for proxy service domains, which WS is entitled to delete immediately upon cancellation.
gTLD’s can generally be set to expire on the next renewal date.
-
The client is advised that once WS deletes a domain, all related functions will immediately expire including
websites, email or mailforwarding.
-
In the event that a proxy service domain name is cancelled, Web Solutions is entitled to delete the domain
immediately, regardless of the actual domain expiration date.
-
Certain Registries require a signed document from the registrant, in order to let a domain name expire. You
agree upon providing WS with full assistance with regards to any paperwork necessary in order to carry out
such domain name cancellation. WS may charge a reasonable service fee for cancelling/deleting ccTLD’s.
Cancellation of gTLD’s, and cancellation of most domain related Services is free of charge.
-
If you cancel a domain name, the Services directly pertaining to the domain name will be deemed to have been
cancelled as well. This includes, but may not be limited to, web-forwarding, emails and hosting.
-
If you cancel a Service related to a specific domain, only the Service specified in the cancellation, and
not the domain name, will be deemed to have been cancelled.
-
Cancellation in the form of Transfer Out:
WS is entitled to charge a reasonable service fee for time spent in relation with facilitating the transfer
out of domain names or Services to other domain registrars or service providers. This includes time spent
unlocking domain names, procuring Authentication codes and passwords, and other related work. For transfer
out of Proxy Service domains, special conditions apply including a change of holder of the relevant domains.
Please see the relevant section.
-
Procuring and sending Auth. Codes may take time. Clients can reasonably expect that when
transferring out a limited number of domains, gTLD Auth. Codes will be sent within 72 hours and
ccTLD codes within a week.
-
Responsible processing of bulk transfer outs take time. Typically 10 ccTLDs can be processed 10 per
week.
-
Your transfer to another registrar may be delayed or denied, if the relevant Services are the object
of legal proceedings or disputes, or if you have unpaid invoices with WS. Transfer out fees must be
paid in advance of processing.
-
Transferring a Service to a new Registrar without notifying WS does not constitute as a valid
cancellation. You will still be required to pay renewal fees at WS, until such time that a valid
cancellation has been submitted.
-
Changing the registry designated ‘whois’ billing contact on a domain name without notifying WS does
not constitute as a valid cancellation. You will still be required to pay renewal fees at WS, until
such time that a valid cancellation has been submitted.
-
Please note that if you or your agent remove WS as the Registrar on record or designated ‘whois’
billing contact at the registry your payment obligations to WS remain in place, however our
obligation to renew the relevant domain names or Services no longer apply.
-
WS will automatically deny any transfer requests from other registrars pertaining to domain names
that have not been properly cancelled prior to the request.
-
Making a renewal payment on a domain name directly with the Registry or via a third party, does not
relieve you from your obligation to pay WS’ renewal charges.
-
Appointing a new account payer:
-
If you appoint a new entity to pay for your domains and Services (your account), WS will usually
create a new account for the new payer, unless the change is merely administrative (change of name,
company type, mergers).
-
Appointing a new payer does not relieve you of the payment responsibility of unpaid invoices or
other services ordered but still unpaid or not yet invoiced.
-
Unless otherwise agreed, appointing a new payer less than 90 days before the upcoming renewal date
of a service will not discharge you from the payment responsibility, should the new billing contact
fail to pay. You will remain ultimately responsible for paying the renewal fees.
-
Once the new renewal contact makes his/her first payment, the new contact is deemed to have taken
over the domain portfolio and Services, effectively relieving the old payer of all future
responsibility.
-
WS provides support via telephone, and via the email address
support@web-solutions.eu.
During office hours (Monday through Friday: 08:00-19:00 CET) our Support Team aims to respond to your
queries as soon as possible, usually within one hour. Outside of these hours and during the weekends we aim
to respond to your queries within a maximum of 36 hours.
-
WS does not make any provisions or guarantees that it will respond to support queries outside office hours.
Our Services include support only as specified in the relevant product specification on our website. We will
make reasonable efforts to meet specified response deadlines, but do not guarantee that such deadlines will
be met.
- We do not provide support in relation to Services provided by external suppliers or Registrars.
- Any notices pursuant to this Agreement may be sent via email, fax or recommended/recorded postal mail.
-
Notices given to you will be sent to the email address, fax number or physical address stated in your
account at the date of the notice. Notice given to WS must be sent attention to our Legal Department.
-
Notices are considered delivered on the day when an email or fax has been sent successfully, and 5 days
after posting if sent via recommended mail.
- Note: Invoice reminders will be sent by regular delivery, not via recommended mail.
-
You are responsible for ensuring that email notices sent by WS are not filtered or removed by “SPAM” filters
installed on your email system.
- This Agreement can be terminated by either party with 45 days notice.
-
The Agreement can be terminated at once and without prior notice by either party in case of serious breaches
of contract or the spirit of the cooperation or in the event that a party is declared bankrupt or announces
suspension of payments.
-
If the Agreement is terminated by you, and if such termination is not a consequence of serious breach of
contract on the part of WS, or WS’ bankruptcy, you agree to compensate WS for the hourly time consumption
associated with transferring management of Services to another Registrar or party appointed by you.
-
In the event that WS opts to change its legal status or alternatively transfer management of your Services
to a different branch office or company within the Web Solutions group of companies, and provided that such
transfer will not adversely effect your account or Services, this Agreement is automatically transferred to
the new entity or branch office.
- All unpaid fees remain payable after termination. No refunds will be given.
-
Any clauses in this Agreement which are intended to remain effective following the termination of this
Agreement shall remain so.
-
Breach of contract:
-
Failure to abide by any section of these Terms or any provision made by a Registry or similar
authority is considered a breach of contract, whereupon WS is entitled to terminate the Agreement
and cancel all Services immediately.
-
At such time, WS will forward a notice describing the breach recorded, and possibly the
rectifications or documentation required from you in order to restore Services.
10. LIMITATION OF LIABILITY & WARRANTIES
back to top
-
WS cannot guarantee that our domain related Services, servers, software or websites will be uninterrupted or
error-free, and that defects will be corrected immediately. Neither can we guarantee that data restored will
be complete, accurate or up to date. Please observe that we may occasionally have to suspend certain
Services for maintenance or improvement.
-
In the event of loss of a domain name or in the event of loss of other Services for a period of time, WS can
only be held responsible for any direct loss in the form of actual payment made to WS for the Service or
domain name in question. Such responsibility only applies when the situation has arisen directly from
actions taken by, or lack of actions on the side of WS.
-
WS can not be held liable for any indirect, special, incidental, or consequential damages of any kind
(including lost profit, interrupted communications, lost data) sustained by you, even if WS has been advised
of the possibility of such loss or damages.
-
Claims brought against WS more than 6 months after the client ought reasonably have discovered the event
giving rise to the complaint will de deemed invalid.
-
Maximum liability:
-
In the case of gross negligence on the side of WS, our maximum liability shall be limited to an
amount equal to the fee we received from you for the relevant Services in the 12 months period prior
to the negligence taking place. However, this amount can never supersede an absolute maximum of USD
2500,00 (two-thousand-five-hundred US Dollars).
-
-
You agree to defend, indemnify and hold WS harmless from and against any loss, damages or
costs, including reasonable attorneys’ fees, resulting from any claim, action, proceeding,
suit, demand or dispute arising out of or related to any domain name registration, domain
transfer or use of a domain name, even if such claim arises out of gross negligence on the
part of WS.
-
-
Neither party shall be liable in damages or have the right to terminate this agreement for any delay
or default in performing hereunder, when such delay or default is caused by conditions beyond the
party’s control including, but not limited to, government restrictions, changes in domain name
regulations, wars, natural disasters, terrorism, strikes, civil disorder, power outages, curtailment
of transportation facilities, or similar occurrences, which makes it impossible, illegal, or
commercially impracticable to perform obligations pursuant to this Agreement, in whole or in part,
provided that, as a condition to the claim of non-liability, the party experiencing the difficulty
gives the other party written notice by email or other methods of communication in reasonable time.
-
-
WS does not offer legal advice in any form, including with regards to registration or management of
domain names. Any advice given by a representative of WS is to be considered layperson’s advice.
-
This Agreement shall be governed by Danish law. The venue for any disputes arising hereof shall be the
Maritime and Commercial Court of Copenhagen (Soe- og Handelsretten).
Notwithstanding the foregoing, WS
reserves the right to bring its claim before any court having jurisdiction over the Client.