General terms of domain services
1. Scope of application
1.1. These General Terms of Domain Services shall be applied to all the Service Contracts entered into for the use of the Domain Services provided by Zone.
1.2. In addition to this, the General Terms of the Zone Services apply to the Domain Services to the extent these General Terms of Domain Services do not provide otherwise.
2. Terms used
2.1. The below terms and definitions are used in the following meaning in the General Terms of Domain Services:
2.1.1. Domain Name – second or third level domain name, which registration or extension of registration has been applied for by the Client from Zone and with regard to which Zone provides the Domain Service;
2.1.2. Registration – right registered to the End User to use the Domain Name for a specified term or without a term;
2.1.3. Rules – binding instructions, terms and conditions, procedures, etc. established by the Register and (in case Zone acts as a Reseller) a third person Registrar, which the Parties must adhere to upon registration and use of a Domain Name. The Special Conditions of Domain Services include a reference to the Rules;
2.1.4. Register – a person or organisation that administers the Registrations of the respective top or second level domains;
2.1.5. Registrar – any person or organisation to whom the Register has authorised the registration of a particular second or third level domain name into the use of the End User;
2.1.6. Reseller – any person or organisation that has not been respectively authorised by the Register but that has entered into a respective reseller agreement with the Registrar for the registration of domains into the use of End Users;
2.1.7. End User – a Client or any other person into whose use/to whose name the Domain Name is registered;
2.1.8. Domain Contract – Service Contract for the registration of the Domain Name or periodic extension of the Registration.
3. Entry into contract
3.1. A Domain Contract is deemed to have been entered into and shall enter into force when the Client has paid for the Registration (if the respective Domain Service is provided for a charge) and Zone has sent a message to the Client’s e-mail address concerning the entry into the Domain Contract.
3.2. An application for the extension of the Registration shall be handled as a new order and it shall be fulfilled in compliance with the same procedure as in case of entry into a new Domain Contract, incl. the payment is made for the new period of the Domain Service.
4. Representations and warranties of the client
4.1. The Client represents and warrants upon entry into the Domain Contract and extension of the Registration that:
4.1.1. Prior to entry into the Domain Contract the Client has examined the Rules and the Price List of the particular Domain Service;
4.1.2. when the Client registers the Domain Name in the name of a third person End User, the Client confirms the existence of full powers for the representation of the End User and the adherence by the End User to the Rules and the applicable terms and conditions of Zone for the use of the Services, remaining responsible for the operation of the End User;
5. Substance of the domain service
5.1. The object of the Domain Contract is the legal relationship arising between the Parties in connection with the registration of the Domain Name and extension of the Registration.
5.2. The objective of the Domain Contract is to ensure the registration of the Domain Name of interest into the use of the End User, and regular extension of the Registration.
5.3. The Domain Contract shall create no independent rights for the End User to the Domain Name.
5.4. Upon registration of the Domain Name, rights and obligations relating to the use of the Domain Name shall arise between the End User and the Register, and in case Zone acts as the Reseller even between the End User and the Registrar.
5.5. The service provided by Zone according to the contract covers the filing of the Domain Name registration application and reminding the Client of and providing the opportunity to extend the Registration. The Client shall grant all the powers to Zone for representing the End User upon entry into the contract with the Register or third person Registrar. Depending of the domain, Zone may act as a Registrar or Reseller upon registering the Domain Name for the End User. In case of acting as a Reseller, the Rules of the third party Registrar shall apply to the use of the Domain Name, and these are referred to in the Special Conditions of the Domain Services.
6. Fee and payment thereof
6.1. Unless the Special Conditions of the Domain Services provide otherwise, the price of the Domain Service according to the Price List also includes the fee payable upon the registration of the Domain Name to the Register or the Registrar.
6.2. Upon expiry or unilateral termination of the Domain Contract the Client shall pay Zone for the services actually provided by the latter.
6.3. Obligations of the Parties
6.4. Zone undertakes:
6.4.1. To submit an application for the registration of the Domain Name into the use of the End User with the data, which the Client has disclosed to Zone upon entry into the Domain Contract (incl. desirable Domain Name, registration term);
6.4.2. To notify the Client at least 30 days prior to the end of the registration term of the opportunity to extend the Registration;
6.5. The Client undertakes:
6.5.1. To pay for the Domain Service according to the Price List, incl. if so provided by the Special Conditions of the Domain Services, to pay in addition to the fee even all the taxes, state fees, and other charges, which are related to the registration of the Domain Name into the use of the End User by Zone and/or extension of the Registration;
6.5.2. To ensure that the Domain Name is not contradicting the legislation or good moralsand does not violate the rights of any third persons (incl. right to any trade mark);
6.5.3. To ensure adherence with the Rules established on the use of the Domain Name;
6.5.4. In case of an intention to extent the Registration, to execute a respective order in the Environment and settle the associated prepayment invoice in such a manner that it would be received at the latest two (2) working days prior to the expiry of the Registration.
7.1. Zone is not liable for any activities of the Register or third person Registrar, incl. for the performance of the contract between the Register, Registrar and End User.
7.2. Zone neither distributes Domain Names nor can ensure the registration of any Domain Name into the use of the End User, or continuing of the Registration. The liability of Zone upon registration of the Domain Name is limited to its activities as the mandatory upon representation of the End User.
7.3. Zone is not liable for the legality of the use of the Domain Name upon registration of the Domain. Zone shall inter alia bear no liability for any inability to provide the Service, which is caused by acts or omissions of any third persons.
7.4. The liability of Zone upon the provision of the Service is limited to the annual value of the Service.
8. Expiry of the contract
8.1. The contract shall expire upon the expiry of the Registration.