1st Domain - domæne registrering

These terms also apply to www.1-domain.dk

Version 2.01, published January 18th 2010

—————————————————————
CONTENTS:
—————————————————————

The contents summary below is for guidance only. You should read all sections of these Terms and Conditions in full.

1. CONTACT DETAILS
2. DEFINITIONS
3. PURPOSE & VALIDITY
  • Severability
  • Updates
  • Registry regulations
4. ADMINISTRATION OF SERVICES
  • Principle of subscriptions
  • Ordering services
  • Domain name management
  • Fees & invoices
  • Payment terms & -methods
  • Online domain name management module
  • Proxy services (local presence)
  • Private domain registries
  • Default domain page
  • Newsletter
  • Security
  • Proxy cancellation terms
5. CLIENT WARRANTIES AND OBLIGATIONS
  • Maintaining client data
  • Clients’ use of agents
6. CANCELLATIONS, DELETIONS
7. SUPPORT
8. NOTIFICATION
9. TERMINATION
10. LIMITATION OF LIABILITY & WARRANTIES
  • Indemnity
  • Force Majeure
  • Legal advice
11. 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.

—————————————————————
1. CONTACT DETAILS:
—————————————————————

Web Solutions A/S
Thorsgade 1DK-5000 Odense C
DenmarkCompany registration and VAT number: DK26988934Support email: support@web-solutions.eu
Other queries: hostmaster@web-solutions.eu
Telephone: +45 70262025 or +44 (0) 208 133 3994
Fax: +45 70262024
Website: http://www.web-solutions.eu/

For legal documents, please send attention to “Legal Department”.Office hours are Monday through Friday, 09:00-17:00 CET. The office is closed on all
official holidays.

—————————————————————
2. DEFINITIONS
—————————————————————

“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.

—————————————————————
3. PURPOSE & VALIDITY
—————————————————————

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.

SEVERABILITY:
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.

UPDATES:
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.

REGISTRY REGULATIONS
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
—————————————————————

PRINCIPLE OF SUBSCRIPTION
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.

ORDERING SERVICES
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

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 of – and filing of all required documents.

WS will seek to, but are not required to, notify you of the outcome of all domain
applications. Failure to inform that a service 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.

DNS settings:
Unless we are otherwise notified in advance, all new domain names will be registered using
WS’ DNS.

Some Registries require that nameservers are configured in advance for a specific domain
name, and may require certain standards for nameserver configuration. If the external DNS
as specified by you does not meet these requirements, WS will seek to register and secure
the domain using its own DNS.

Changing nameservers 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

Fees for such Services 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.

Domain transfers:
Unless specifically agreed otherwise, WS will always make itself the billing contact for a
domain name as an integral part of transferring a domain to WS’ DNS or management.

Documentation requirements:
You agree that you upon promptly and without unnecessary delay will 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. 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 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 pass such
solicitations on to our clients.

FEES & INVOICES

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 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/feechanges 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.

Invoices:
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

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.

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:
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 A/S

Note 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
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.

PROXY SERVICE
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.

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
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.

DEFAULT DOMAIN PAGE:
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.

NEWSLETTER
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.

SECURITY
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 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 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 CANCELLATION TERMS
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
—————————————————————

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:
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.

CLINETS USE OF AGENTS:
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
—————————————————————

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 to other Registrars:
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.

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.

—————————————————————
7. SUPPORT
—————————————————————

WS provides support via telephone, and via the email address support@web-solutions.eu.

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.

—————————————————————
8. NOTIFICATION:
—————————————————————

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.

—————————————————————
9. TERMINATION
—————————————————————

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
—————————————————————

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 guarantees that our domain related Services, software or websites will be uninterrupted
or error-free, and that defects in the software or website will be corrected immediately.
We do not, however, guarantee that data restored will be complete, accurate or up to date.
Further, we may occasionally have to suspend certain Services for maintenance or
improvement.

INDEMNITY:
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.

FORCE MAJEURE:
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.

LEGAL ADVICE:
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.

—————————————————————
11. JURISDICTION
—————————————————————

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).

Back to top

TERMS & CONDITIONS, WEB SOLUTIONS A/S, Version 2.01, published January 18th 2010