The contents summary below is for guidance only. You should read all sections of these Terms and Conditions in full.
- CONTACT DETAILS
- PURPOSE & VALIDITY
- ADMINISTRATION OF SERVICES
- CLIENT WARRANTIES AND OBLIGATIONS
- CANCELLATIONS, DELETIONS
- LIMITATION OF LIABILITY & WARRANTIES
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.
- Web Solutions ApS
5000 Odense C
- Company registration and VAT number: DK26988934
- Support email: firstname.lastname@example.org
Other queries: email@example.com
Telephone: +45 70262025 or +44 (0) 208 133 3994
Fax: +45 70262024
- 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.
- 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.
- 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.
- Any agreement made outside these Terms must be made in writing and duly signed by authoritative representatives in order to be valid.
- 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 transfer of ownership.
- WS is not required to inform our clients of such restrictions, which may only potentially have future effect, but refer instead to published regulations found at the Registry.
4. ADMINISTRATION OF SERVICES back to top
COMPLAINT AND ABUSE REPORTING back to top
- Client not satisfied with the services provided by WS, who wishes to make a complaint or report abuse, can contact WS via telephone or by sending an email to firstname.lastname@example.org.
PRINCIPLE OF SUBSCRIPTION back to top
- All Services purchased with WS (domain names, hosting, DNS etc.) are to be considered subscriptions and will be renewed automatically.
- Unless we explicitly inform you otherwise, you are thus not required to “opt-in” for renewal, as required by some Registrars. Ultimately, it is your own responsibility and main obligation to keep track of upcoming renewal dates as well as cancelling any Services you do not wish to renew, in writing (see “Cancellations” section).
- Renewal periods are typically annual, but sometimes biannual. These annual renewal fees will be billed to you 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.
- 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 full.
- Unless specifically agreed otherwise, each item of an order is to be considered an individual order. WS will attempt to register/deliver all items of an order, but is not required to do so in order for the remaining portion of the order to remain in force.
- Services that are specifically tied to a given domain name (hosting, DNS) will only be considered delivered, if the related domain name service is delivered.
- 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.
- 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
- 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 fees charged by WS will always include renewal fees at Registry level (local fees).
- All standard fees for new registrations are available at http://www.web-solutions.eu. For most clients, renewal dates and renewal fees will further be available by logging on to your online account with WS.
- 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 will be announced at www.web-solutions.eu/fee changes at least 60 days prior to their taking effect.
- WS fees are calculated in US Dollars. In the event of a dramatic depreciation of the US Dollar against the Euro, WS is entitled to amend its fees accordingly with 7 days notice. The change in fee levels can be no more than the exact depreciation incurred.
- You agree that invoices are valid, whether sent by email, fax or postal mail.
- Invoices will normally be forwarded by postal mail or 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 http://www.adobe.com or http://www.acrobatreader.com.
- 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 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.
- If emailed invoices are returned, a letter invoice will be sent by postal mail. If the letter is also returned, WS is not required to make further attempts at locating a valid delivery address.
PAYMENT TERMS & -METHODS back to top
- Payment terms:
- Unless agreed otherwise, payment terms are 14 days net.
- 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.
- Payment methods:
- Credit Cards:WS accepts online payment with VISA, Master Card/Euro Card/Maestro or Dankort. The online payment systems may from time to time be out of commission, at which time we kindly ask that you use one of the following payment methods:
Cheques must be sent to our official address, as listed under the section “CONTACT DETAILS”.
- Wire transfer:
Our banking details are as follows:
Bank: Danske Bank, Glostrup Afd.
Bank Address: Hovedvejen 108, DK-2600 Glostrup, Denmark
Account number: 4440 3113 411 945
Swift Code: DABADKKK
IBAN account number: DK89 3000 3113 411 945
Beneficiary account holder: Web Solutions ApSNote 1:
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.Note 2:
You must always pay all bank fees at both ends. Any bank transaction fees levied upon WS will be added to your next invoice.
ONLINE DOMAIN NAME MANAGEMENT MODULE back to top
- To selected clients, WS will provide a web-based function, where clients can view lists of domain names managed by WS, as well as renewal dates and domain specific data.
- The online module shall be considered a supplementary Service in connection with the main objective of providing general DNM
- Services, such as registration and renewal of domain names. The module 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 is not required to store historical data listing 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.
- The User Certificate will be issued only after all domain names have been delivered. 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):
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.
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 and similar domain names which are third level sub-domains of a second level gTLD. They further include subdomains under .co.ee.
- By virtue of these domain names being administered and owned by third parties, 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.
- 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 information about our Services.
- 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 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 email@example.com 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 client logged into his/her online account
- 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.
PROXY CANCELLATIONS TERMS back to top
- 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.
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 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.
- In order to avoid paying additional renewal fees, such cancellation must be rendered a minimum of 45 days prior to the expiration date of the relevant Services.
- The cancellation notice 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 cancellations submitted:
- by a client logged into his/her online account, using the cancellation system incorporated herein
- as a signed order addressed to WS, sent by the contact person on record
- as a signed order addressed to WS, sent by the client company printed on its official letterhead
- by a fully authorized attorney or agent
- Cancellations will be deemed received at the times specified in the “Notifications” section.
- WS may at its own discretion opt to accept cancellations sent by email, provided such is sent from the email address on record, or from a well-known email address. Such cancellation is valid only if confirmed by WS, and takes effect only on the day of confirmation; not on the day the email was originally sent.
- 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.
- 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.
- Transfers without prior cancellation:
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.
- 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.
- Your transfer to another registrar may be denied, if the relevant Services are the object of legal proceedings or disputes, or if payment of fees is overdue.
- Changing of billing contact:
Changing 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 our obligation to renew domain names or Services no longer apply, when you or your agent remove WS as the Registrar on record or designated billing contact.
- Making renewal payments:
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 new invoice contact:
Please note that unless otherwise agreed, appointing a new invoice contact prior to 90 days before the renewal date of a service will not discharge you from making payment, should the new billing contact fail to do so.
- Once the new renewal contact makes his/her first payment, you are relieved of all future responsibility.
- WS provides support via telephone, and via the email address firstname.lastname@example.org. 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
- 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.
- 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.
- 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.
- 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).
- Claims brought against WS more than 6 months after you ought reasonably to have discovered the event giving rise to the complaint will de deemed invalid.
- 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).