Domain Partner Agreement

 

 

This English language translation of this agreement serves for informational purposes only and has no legal authority. The decisive text is the version written in German. Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.

1. Object of Business

The Provider offers the following services: domain name administration, domain name registration, provision of web space, name service and subdomains.
This agreement in particular, refers to the administration and maintenance of domain names (gTLDs and ccTLDs e.g. .com/.net/.org, .de, .at, .ch, .it, .dk, .co.
uk etc.), which will be registered or transferred by the Client/Partner through the Provider at a registrar, DENIC or any other respective registry.

2. Description of Services

The Provider provides the Client/Partner with access (via a web interface or mail robot) to the system of the registrar PSI-USA regarding .com/ .net/ .org etc.
domain names, to the registration system of DENIC regarding .de domain names and to any other relevant registry. The Provider is entitled to check submitted
data for syntax errors prior to delivery and reserves the right to refuse domain name requests in case of any errors or violations of law. The Client/Partner is
responsible for submitting a proper application to the Provider.

3. Prices

Domain conditions are payable on commencement of service (e.g. registration/start of transfer/start of renewal). Moreover, the agreed prices according to the attachment to this document („Domain Price List“) and the currently valid price lists of the Provider are applicable.

4. Duration of Contract

This agreement can only be terminated after a contract period of 12 months.

5. Customer Protection

The Provider guarantees the Client/Partner customer protection, provided the Client/Partner supplies the Provider with the information required.

6. Change of registration agency

The Provider may change to another registration agency at any time and without prior notice, on condition that this is not infeasible for the Client/Partner,
to be determined on a case-by-case basis.

7. Registration of .de Domains

The Client‘s/Partner‘s contractual obligations and liabilities for registration of .de domains with the Provider arise out of the obligations which are subject
to DENIC registration policy.

8. Online Orders in ISAC

By signing this agreement, the Client/Partner obtains access to the “InterNetX Server Administration Center” (called ISAC) which enables additional products
to be ordered online.
All orders in ISAC are subject to the General Terms and Conditions („AGB“) and the respective applicable Special Terms and Conditions („BVB“) of InterNetX,
which the Client/Partner confirms he/she has read and accepted. Orders are placed electronically by entering personal access details (username, personal
password). Orders for cost-related products in ISAC are legally valid without a signature. After each successful order, the Client/Partner will promptly
receive a confirmation of the order. This order confirmation will be sent to the email address specified by the Client/Partner in his/her customer account.
The respective product descriptions, price lists and cancelation periods as published on the InterNetX website are valid and apply. The InterNetX website
can be found at www.internetx.com.

9. Additional Information

On signing this agreement, the Client/Partner confirms, that he/she has read, understood and accepted the relevant ICANN regulations (http://www.
icann.org) as well as the relevant TLD registration policies (e.g. DENIC guidelines) - also available at www.internetx.com. By carrying out a transfer
of domains (or additional actions, e.g. deletion), the Client/Partner assures that he/she is legally authorized to do so by the authorized domain owner (in
certain cases by the Admin-C).

10. Summary of Services

Within the framework of co-operation the Provider grants the Client/Partner access to numerous top-level domains via a web interface and/or a mail robot
which includes the following features:

  • Error-free registration applications are passed on and dealt with in real time.
  • Free of charge data changes regarding domain names via a web interface and/or a mail robot.
  • Automatic email response.
  • Provision of DNS is free of charge.
  • Technical mailing list for information purposes in the event of malfunction or failures of the registration system.

Furthermore the General Terms and Conditions („AGB“) as well as the respective applicable Special Terms and Conditions („BVB“) of the Provider apply likewise and are available in their currently valid versions at www.internetx.com or can be sent via postal service, upon request. In addition, the specific registration provisions of the individual relevant registries, the “Terms of Contract - Domain Handling“, attached to this document in the currently valid version and the individually valid operating conditions of the Provider shall apply and be a substantial part of this agreement.

Terms of Contract - Domain Handling

Preliminary Remarks

The parties to the contract have concluded a domain partnership contract.
The following terms are part of the contract.
The parties agree that there are particular risks which emerge with the transfer (or deletion/update) of domains (i.e. .com/.net/.org, .de domains etc.) and that these risks are caused, above all, by an insufficient observance of the requirements that exist for such a transfer (or deletion/update). It is the client’s/partner’s responsibility to ensure an appropriate handling of a transfer (or deletion/update), namely to ensure the existence of a formal declaration of consent/authorisation of the domain owner or Admin-C (according to WHOIS); in the event of a violation of his/her obligations and/or the materialization of the risk emanating from his/her sphere, the client/partner absolves InterNetX of any liability.

§ 1 Warranties/Obligations of Clients/Partners

1) The client/partner warrants that he/she will always appear in the name and on behalf of the (currently entitled) domain owner (and/or Admin-C) according
to WHOIS.
2) Furthermore, the client/partner undertakes that the required agreement of the beneficiary (the domain owner and/or Admin-C) will have been received
by him/her with the start of the transfer/the deletion.
3) The client/partner will only commence a transfer or any other domain action (i.e. .com/.net/.org etc.) in the event of receiving a legally effective order of
the domain owner (or his/her legal representative).
4) The client/partner warrants to act as a business owner/entrepreneur within the meaning of § 14 BGB (German Civil Code) upon conclusion of contract.

§ 2 Rights of InterNetX

(1) For the purpose of risk minimization InterNetX has the right to review the provisions as set forth in § 1 at all times. Thus, InterNetX can ask the client/
partner to provide the formal declaration of consent/authorisation of the respective domain owner within two working days; the same applies for proof of
a proper order of the client/partner by the domain owner who holds all rights (according to WHOIS).
(2) In the event of the aforementioned obligation being violated and besides the obligation to cover for the actual damage and in addition to the payment of
compensation for loss or damage to be made by the client/partner under § 3, InterNetX reserves the right to charge an appropriate penal sum, that is to be
determined by InterNetX as appears fair, unless the client/partner can provide proof that either no or insignificant damage had been incurred.

§ 3 Absolvance from responsibility

1) Notwithstanding a potential claim of a contractual penalty InterNetX can claim compensation for damage that has occurred for InterNetX as a result of
the client/partner failing to fulfil his/her obligations under § 1 in the appropriate manner.
2) Therefore the client/partner undertakes to compensate and indemnify InterNetX for all claims, charges, losses, damage and expenses (including but not
being limited by court and lawyer’s fees), that are accrued due to an inappropriate handling of the transfer (or any other action such as deletion) on the part
of the client/partner. This compensation also includes potential penalties.

§ 4 Final provisions

1) No collateral agreements have been made apart from these terms of contract. Changes or amendments must be made in writing in order to be valid. The
same applies to a waiver of the requirement of written form.
2) In the event of the ineffectiveness of one or several provisions of this contract the parties to the contract will agree upon a substitute regulation that
economically comes as close as possible to the ineffective provision.
3) The parties agree that German law applies under this contract (excluding UN - International Sale of Goods (CISG) law).
4) The place of jurisdiction in the event of potential disputes in connection with this contract or the single transactions concluded in the execution of this
contract is the headquarters of InterNetX. However, each party of the contract also has the right to sue the other in his or her place of jurisdiction.
5) The English translation (version) of this agreement serves for information purposes. The decisive text is the one written in the German language. Therefore,
in case of different interpretation of the German and the English text, the German text shall take priority.