Special domain names terms and conditions
1. Definitions
Service: The products and services offered at any time by edpnet and which the Customer may use.
edpnet: EDPNET Belgium bv, with registered office at 9100 Sint-Niklaas, Bellestraat 30, VAT number BE 0799.091.641.
Included Domain: The domain name contained in a contract for another edpnet Service.
Customer: The natural or legal person or unincorporated association with whom the underlying contract is concluded.
Registry: The legal entity that ultimately manages the domain.
2. Application of these Special Conditions Domain Names
2.1. These Special Conditions Domain names, hereinafter Special Conditions, are in addition to the General Conditions (https://www.edpnet.be/en/conditions/general-conditions) and regulate the legal relationship between the provider, edpnet, and the Customer, in connection with the registration of a domain name.
2.2. The Customer declares to have been sufficiently informed about the characteristics of the different domain names. All information on this subject is available on www.edpnet.be and via the edpnet customer service.
2.3. The Customer may not change or replace (any of) the provisions of these Special Conditions, unless otherwise mutually agreed in writing.
2.4. General and / or special terms and conditions that are used by the Customer are expressly rejected by edpnet.
2.5. With regard to the registration of domain names, edpnet acts as Registrar, i.e. that it has acquired, directly or indirectly, the authority to register domain names under the extension managed by the Registry.
3. Edpnet’s obligations
3.1. Steps to be performed by edpnet under this agreement are hereinafter listed exhaustively:
- submit the registration application electronically to the Registry ;
- configuring the name servers after acceptance of the domain name(s) by the Registry ;
- the extension of the domain name registration unless this agreement (or, where appropriate, the Service agreement that is the basis of the Included Domain) was terminated.
3.2. Edpnet has the right to refuse to submit an application for registration in case it violates the general conditions of the Registry and / or, more generally, the domain name could be offensive or contrary to morality or public order.
3.3. The Service supplied in application of this agreement does not contain the hosting of a website on an edpnet server. If the Customer wishes that the site is being hosted on an edpnet server, a separate agreement must be concluded.
4. Rights and obligations of the Customer
4.1. The Customer agrees that the registration of the domain name is only effective at the time that he is being notified by edpnet that the application process was completed.
4.2. The Customer undertakes beforehand to check whether the requested domain name(s) is / are available. This can be done via www.edpnet.be.
4.3. The Customer undertakes to provide edpnet of all useful information and guarantees the accuracy of this information.
4.4. The Customer must have a working e-mail address and undertakes to inform edpnet of any amendment to this address immediately and in writing, as well as of the amendment of the personal information.
4.5. The Customer acknowledges that edpnet shall pay the registration fee to the relevant Registry on behalf of the Customer (either at initial registration or at renewal). With the exception of the Included Domain, the Customer undertakes to pay edpnet the agreed price for the provision of the Service.
4.6 In the event that the Registry has linked specific registration requirements to register a domain name, Customer must spontaneously provide the necessary information / documents to edpnet. The information concerning specific registration requirements is available on www.edpnet.be and via the edpnet customer service.
5. Payment
5.1. This article does not apply to Included Domains, for as long as they are. When the contract which includes the Included Domain is being terminated by the Customer, for any reason whatsoever, and the Customer decides to keep edpnet as Registrar for the domain name, the agreement for the domain will continue separately at the conditions that apply at that moment for a new registration of a similar domain name, excluding the prevailing one-off costs.
5.2. Both the one-off and the periodic charges which the Customer has to pay are set at the conclusion of the agreement.
5.3. All payments must be made for the length of the registration period as defined in the agreement.
5.4. Given the underlying contracts between edpnet and the Registry, the Customer may not claim reimbursement of the amounts paid when he prematurely terminates the agreement.
5.5. Edpnet reserves the right to increase its rates at any time. In such case, edpnet will inform the Customer individually and in writing of the new rates. The new rates will only become valid when a new registration period begins. In the event of a rate increase, the Customer may terminate the contract in a traceable manner (e.g. by mail, fax ...) no later than 30 calendar days before the end of the contract. As described in section 5.4. Customer cannot demand to be refunded any amounts paid when prematurely terminating the agreement.
6. Liability and guarantees
6.1. Edpnet submits the registration application electronically to the Registry according to the information provided by the Customer and cannot be held responsible for false information or unlawful abuse of information provided by the Customer when ordering.
6.2. Edpnet can in no way be held liable if the registration of the domain name(s) would be rejected by the Registry or could be declared invalid, canceled or suspended afterwards for any reason whatsoever. This falls within the exclusive competence of the Registry. The liability of edpnet is also excluded in the event that it loses its capacity as Registrar at the Registry.
6.3. The Customer agrees to comply with the regulations / legislation on the registration of domain names and is fully aware that these regulations / legislation are subject to review. The term 'regulations / legislation' also includes the terms and conditions of the Registries as well as the specific conditions that apply to certain domain extensions. Edpnet has no control over the content of these regulations / legislation and can therefore not be held liable for the consequences arising from these regulations / legislation and the amendment of it. The Customer must inform himself regarding regulations / legislation on the websites of the Registries.
6.4. The Customer acknowledges and agrees that the Registry makes a decision on the registration of the domain name(s) on a "first come, first served" basis. For the ranking of the domain name requests (and thus determining who 'came first') only the entire applications are taken into consideration. An application is complete when it was received by edpnet and contains all information requested by edpnet and the Registry.
6.5. The Customer is and remains solely responsible for the chosen name and for the decision to proceed with its registration as a domain. With the exclusion of any other party, it is the full responsibility of the Customer to investigate whether an infringement is committed on a law / regulation or pre-existing trademark or other rights of a third party. Edpnet can in no way interfere or be involved in an amicable settlement of disputes as the Uniform Domain Name Dispute Resolution set by ICANN, the Alternative Dispute Resolution as set by dns.be or in any other similar proceedings from any Registry.
6.6. Edpnet cannot be held liable for any damages, direct or indirect, including loss of profits, no matter the origin, contractual, criminal or due to negligence, arising out of or related to :
- the mere registration or use of a domain name, even if edpnet has been advised of the possibility of such damages ;
- registration or renewal (or lack of registration or renewal) for the Customer as a result of an error concerning his identity ;
- rights of third parties on a domain name ;
- technical defects or problems (including unauthorized access or attempt) with respect to the computer systems of edpnet ;
- the non-availability of a domain name due to the deactivation of the domain name by edpnet for non-payment of the relevant invoice(s).
6.7. The Customer is obliged to exempt edpnet from any third party claim(s) in connection with the registration of domain name(s). This means, among other things, that the Customer will assist edpnet in its defense and will compensate edpnet for any damage suffered by edpnet as a result of such a claim (legal costs, indemnities, etc…).
7. Protection of privacy
7.1 The Customer grants Edpnet the right to process personal data and other data required for the management of the domain name(s). The personal information that the Client must communicate to edpnet are :
- name and adress ;
- telephone- and fax number ;
- e-mail adress.
7.2. Edpnet will use this personal information only for the processing of the domain name(s) requested by the Customer and will pass it on to the relevant Registry. Other than that, edpnet will only transfer the data to third parties by order of the government, at the request of a dispute settlement body or for the purpose of inclusion in the publicly available directory (the 'Whois') as defined in 7.4.
7.3. The Customer has the right to access his personal data. If this information is incorrect, he has the duty to make improvements. Upon noticing it, the Customer must inform edpnet immediately so that the necessary changes can be passed on to the Registry. Any omission or delay in informing may result in the termination of this agreement without reimbursement of any amounts paid. The adjustment of Customer contact information at a Registry, depending on the Registry, can be considered as
- a simple administrative adjustment, without consequences ;
- an internal transfer, resulting in the domain not being transferable to another Registrar during the next 60 calendar days ;
- a « trade », usually resulting in the charging of a « trade » fee.
The Customer is solely and fully responsible for the accuracy of the data provided, and therefore also for the consequences arising out of its request for correction of these data.
7.4. The Client allows the Registry to include this information in a publicly available directory (the so-called 'Whois'). Also the date of registration and the status of any domain name as well as the language chosen for the amicable settlement of disputes may be included in this guide (Whois). Edpnet manages this in no way. The Customer may at any time and without giving any reason inform the relevant Registry that his personal data may not be passed on.
8. Commencement, duration and termination of the agreement
8.1. This article does not apply to domain names catalogued as Included Domain. The rules relating to the commencement, duration and termination of these domain names are contained in the terms and conditions of the relevant Service.
8.2. The agreement becomes effective from the moment edpnet notifies the Customer of the acceptance of the registration of the domain name(s) by the Registry.
8.3. The agreement is concluded for a fixed period of 12 months, unless otherwise stated. Unless terminated by a traceable written notice at least 30 calendar days before the end of the contract, the term shall be tacitly renewed for a further period of the same duration. The tacitly extended agreement falls under the General and Special Conditions that are in force at that moment.
8.4. Edpnet may terminate or suspend the contract in the event of order of an administrative or judicial authority. The Customer is not entitled to any compensation or reimbursement.
9. General provisions, applicable law and jurisdiction
9.1. The general conditions for the registration of domain names issued by the relevant 'Registry' or by the agent at whom edpnet appeals are an integral part of these Specific Conditions :
- for .be : http://www.dns.be/nl/bibliotheek/documenten/algemene_voorwaarden_voor_be-domeinnaamhouders ;
- for .nl : https://www.cvkb.nl/uploads/downloads/Algemene_voorwaarden_voor_.nl-domeinnaamhouders.pdf ;
- for other extentions : http://www.opensrs.com/docs/contracts/exhibita.htm.
9.2. By accepting these Special Conditions, the Customer also accepts the terms and conditions here above.
