“I enjoy using the service simply because it is almost all automated. I don't generally have to wait for people to register domains, change DNS settings etc. It's great!”Enda Nagle General Manager, Powerballs.com
FAQ Quick Answers
It seems like you have charged my credit card, even though my domain name has not been registered yet?
We ONLY charge WHEN the domain name is registered. However when you look in your bank account, you will see a fee "deposited" by the bank to pay the charge with us. This doesn't mean that it has been charged by us.
These General Terms regulate the relationship between European Domain Centre and you. European Domain Centre´s service is a corporate service directed at companies and other organisations. We can refuse orders from private consumers. The offers and proposals of European Domain Centre are not binding. By submitting an Order to European Domain Centre, you agree to be bound by these General Terms as well as any service descriptions and pricing sheets.
As used in this Registration Agreement, the following terms shall have the following meanings:
The Administrative Contact is an individual or organization authorized to interact with the Registry or Registrar on behalf of the Registrant. The Administrative contact shall be able to answer non-technical questions about the Domain Name and the Registrant. In all cases, the Administrative Contact is viewed as the authoritative point of contact for the Domain Name, second only to the Registrant;
The Billing Contact is an individual or entity responsible for receiving the bills and paying the Registry any fees applicable to the registration and administration of a Domain Name. European Domain Centre ApS (in the future named European Domain Centre): will be the Billing Contact as default.
A Deletion of a Domain Name at the Registry level;
Domain Name Server;
Alphanumeric string corresponding to an address in the global DNS;
The Internet Corporation for Assigned Names and Numbers;
Any kind of Information, regardless of the form, given from one Party to the other under this Agreement (oral, written, electronic or in other visual form). Included herein is any technical or non-technical Information regardless of the form, that a Party observes or obtains knowledge of by going through Information, which includes, without limitation, Information regarding technical processes, specifications, production techniques, and sales and marketing information. Further included are all documents, electronic files, reports, analyses, examinations, investigations, studies or notes prepared by a Party or a Party’s consultant, it the content is based on Information;
Change of administrative contact, or any other registration detail not involving change of Registrant;
All written requests from you to European Domain Centre regarding registration of a Domain Name, Expiration, Modification, Transfer of Registrar, Redelegation, Transfer of Registrant.
Refers to either you or European Domain Centre;
Refers to you and European Domain Centre collectively;
Change of DNS;
The individual or organization that registers a specific Domain Name for a specified period of time provided certain conditions are met and the registration fees are paid. This person or organization is the legal entity bound by the terms of the relevant service agreement with the Registry for the TLD in question;
Corporation or person accredited by ICANN or a Registry to register Domain Names under that/those TLD’s;
REGISTRY ADMINISTRATOR (REGISTRY):
Local organization administering and assigning the local TLD’s;
Reservation for another term of the rights in the Domain Name;
Registration of a Domain Name, Expiration, Modification, Transfer of Registrar, Redelegation, Transfer of Registrant;
The Technical Contact is an individual or entity responsible for any technical issues regarding the Domain Name. European Domain Centre will be the Technival Contact as default. The Technical Contact may be the same as the Administrative or Billing Contact;
Top Level Domain, e.g. ‘.dk’ as a Country Code TLD (ccTLD) or ‘.com as a Generic TLD (gTLD)’;
TRANSFER OF REGISTRANT:
A transferral of a Domain Name from one Registrant to another;
TRANSFER OF REGISTRAR:
A transferral of a Domain Name between Registrars;
Weekdays from CET 9 a.m. to 5. p.m. excluding applicable local holidays at European Domain Centre’ place of business.
B. EUROPEAN DOMAIN CENTRE RESPONSIBILITIES
European Domain Centre shall;
seek to register the Domain Name requested by you by submitting the necessary information and documentation to the relevant Registry;
carry out modifications;
perform the transfer of Registrar/redelegation to the effect that the Domain Names in question are moved from the current registrar/provider to European Domain Centre or vice versa;
carry out the transfer of Registrant, which is any modification that regards the Registrant, not withstanding how small a change, e.g. company name change;
renew all Domain Names when a renewal order is received; For long term renewals (2-5 years) European Domain Centre will renew the domains on an annual basis at the local Hostmaster.
restore domains which have been renewed too late by the registrant (-30 days before the Hostmaster expiry date).
offer support to you in technical, administrative, strategic, legal and other domain related areas.
European Domain Centre shall inform you via your European Domain Centre login or administrative email of the information and documentation needed from you in order to complete the Orders submitted by you.
European Domain Centre is as Billing Contact responsible for the payment of local registration fees to Registrars and Registries. Subject to Registry approval European Domain Centre shall automatically renew all your Domain Names unless you specifically have requested that a Domain Name shall not be renewed, cf. Section D.1
European Domain Centre shall deliver services duly and in accordance with ethical conduct within the IT Service Business. European Domain Centre may subcontract part or all of the Services.
European Domain Centre does not guarantee the availability of a Domain Name – even if such availability is indicated by the system - as the Domain Name in question may simultaneously be registered by a third party or reserved by the Hostmaster.
C. YOUR RESPONSIBILITIES
All Orders shall be in writing.
When applying for or transferring a Domain Name you represent and warrant that:
the statements made in the application are complete and accurate;
to your best knowledge, neither the registration of the Domain Name nor the manner in which it is directly or indirectly used/intended to be used infringes the legal rights of a third party;
you will not knowingly use the Domain Name in violation of any applicable laws or regulations;
the Domain Name is not being registered for an unlawful purpose;
the Domain Name carries no debt or any other financial burdens; and that
you shall abide by any ICANN and/or Registry adopted policy prohibiting or restricting warehousing of, or speculation in, Domain Names.
You shall ensure that all Domain Names and your European Domain Centre Account contain accurate and reliable contact details. You shall promptly take the necessary steps to correct and update all contact details during the term of this Agreement.
Your wilful provision of inaccurate or unreliable information; your wilful failure to promptly update information as requested by European Domain Centre, or your failure to respond within fifteen (15) days to inquiries by European Domain Centre concerning the accuracy of the information associated with your Domain Name registrations, shall constitute a material breach of this Agreement and shall entitle European Domain Centre to cancel the relevant Domain Name registration.
The person appointed as the Administrative Contact person for a Domain Name by you and depicted as such in the authoritative WHOIS database is considered to be your agent with full authority to act on your behalf with respect to the Domain Name registration including, but not limited to, the authority to terminate, transfer or modify the Domain Name.
You hold no rights over a Domain Name until;
the Registry has accepted your application and filed a registration of the Domain Name and you have received confirmation hereof from European Domain Centre, and
the full registration fee has been paid and cleared into European Domain Centre Account.
You shall respect European Domain Centre’ Intellectual Property Rights as well as marketing rights, and therefore you shall inter alia not translate, modify or otherwise create derivative works based on European Domain Centre’ products or Services rendered, user manuals, marketing information or other information or property of European Domain Centre provided to you during the term of your relations with European Domain Centre.
Your European Domain Centre Account. You shall safeguard the login e-mail and password to your European Domain Centre Account from any unauthorized use. European Domain Centre has the right to consider any action performed via your European Domain Centre Account by using your authorized user’s login e-mail and password as an action authorized by you, and you shall be liable for any such action.
You authorize European Domain Centre to interact with Registries in your name and on your behalf pursuant to your instructions, including to accept the applicable terms and conditions and policies of the Registries.
As long as a Domain Name is not used for a website, you authorize European Domain Centre to lead the relevant URL to a website of European Domain Centre with information that the Domain Name has been registered by European Domain Centre on behalf of a client. European Domain Centre reserves the right to modify such default page and display advertising on it.
You shall ensure that your domain names are renewed before the end of the internal deadline (30 days before the expiry date at the Hostmaster). A restore fee can be added for certain top level domains together with the renewal cost.
D. TERM AND TERMINATION
Prior to its expiration date, the Customer will have the option to renew his Domain Name using European Domain Centre’s automated processing system. European Domain Centre will notify the Customer several times that the Domain Name is about to expire. The email will also describe the various Domain Name renewal methods. Such emails shall be sent to the email address provided by the Customer. Eurooean Domain Centre shall not be held responsible or liable in the event the Customer fails to take the necessary steps to renew its Domain Name, if the email address provided by the Customer is erroneous or out of date, and/or if the Customer fails to receive the email containing the Domain Name expiration notification. The Customer shall assume sole responsibility for renewing his Domain Name.
If the Customer fails to renew his Domain Name prior to the expiration date thereof, the Domain Name will become available for registration by a third party subject to the procedures described in the previous paragraph, within the time period set by the Provider, and in accordance with the procedures defined by the Registry.
Regarding transfer of Registrar to European Domain Centre the periods added to the WHOIS expire date varies;
gTLD’s are generally auto-renewed with an additional period of 1 year as a part of the transfer and;
ccTLD’s are generally not automatically added an additional period when transferred.
You may terminate your subscription to a Domain Name at any time by transferring your Domain Name to another registrar upon giving European Domain Centre a forty-five (45) days written notice. However;
any fees due or already paid will not be reimbursed and;
if you have a prepaid subscription you will not be able to transfer the remaining term of the subscription to another registrar.
you will be prohibited from changing registrar during the first 60 days after initial registration.
E. TERMINATION FOR CAUSE
1. Either Party shall have the right to immediately terminate its relation with the other Party upon a material breach by the other Party (hereinafter the Breaching Party). The Party claiming the breach shall notify the Breaching Party in writing and subsequently provide the Breaching Party with an explanation setting forth in reasonable detail the material default. The following actions or omissions shall constitute a material breach:
abuse of the other Party’s Intellectual Property and Marketing Rights;
breach of confidentiality;
your use of a Domain Name, which is subject to the General Terms, contrary to existing law or behaviour generally accepted on the Internet, including herein without limitation the sending out of unsolicited mass communications (“spam”);
your failure to abide by any policy adopted by a Registry or ICANN, which has been communicated by European Domain Centre to you.
your failure to reply to any notice from European Domain Centre A/S without undue delay.
European Domain Centre has the right but not the obligation to cease immediately its services should such a material breach occur on your behalf.
Chargeback. In the event payment made by you or your agent is revoked (e.g. due to fraudulent credit card or bounced check), European Domain Centre has the right to immediately deactivate the affected domain name and transfer the registration of the domain name to European Domain Centre without prior notice to you. To implement the re-transfer of the registration from European Domain Centre to you, you will be liable to pay to European Domain Centre ApS. a EURO 300 penalty per registration for which payment has been revoked. Such penalty must be paid in full before the registration is re-transferred to you. The acceptance of the payment of such penalty and the re-transfer of the domain name registration shall be at the sole discretion of European Domain Centre.
Subject to mandatory statutory provisions either Party shall have the right to terminate its relation with the other Party should any voluntary or involuntary proceeding be commenced by or against the other Party under any bankruptcy or other similar laws for the protection of insolvent debtors, except that in the case of an involuntary proceeding no termination shall occur as long as the Party is diligently seeking to vacate or dismiss such proceeding. Termination shall be communicated with a 14-Day notice in writing and have effect from the receipt thereof.
F. EFFECTS OF TERMINATION
Upon termination of the relations between the Parties, whether for cause or not, European Domain Centre shall complete the Orders submitted by you to European Domain Centre prior to the date of such termination unless otherwise agreed between the Parties.
Upon termination of the relations between the Parties, European Domain Centre shall faithfully and to a reasonable extent, that does not affect European Domain Centre other business dealings, contribute to the transfer of the Domain Name portfolio to another registrar.
European Domain Centre shall indemnify, defend and hold you harmless from and against any claims, actions or demands alleging that all or any of the Services to which European Domain Centre has warranted to have any intellectual property rights, infringe any trademark or other intellectual property right of a third party, provided that:
you promptly notify European Domain Centre, in writing, of any notice or claim of such alleged infringement,
you permit European Domain Centre to control the defence, settlement, adjustment or compromise of any such claim, and
the claim does not result from your unauthorised use of the Services rendered under this Agreement.
You shall indemnify, defend and hold harmless European Domain Centre as well as its directors, officers, employees, agents and affiliates from and against all liabilities, damages, losses, expenses, claims, demands suits, attorney fees, and costs and expenses incidental thereto, arising out of or related to the Domain Name or arising from any act, error or omission of yourself or any of your directors, officers, employees or agents, provided that European Domain Centre shall promptly notify you in writing of any such claim and permit you to control the defence, settlement, adjustment or compromise of any such claim.
H. LIMITATIONS ON LIABILITY AND DAMAGES
European Domain Centre is not responsible for any third party technology, products, services, declarations, acts or omissions or any other conditions to be directly or indirectly referable to a third party.
European Domain Centre excludes itself from any liability for damages due to any failure in the Domain Name registration, transfer or renewal process, hereunder, but not limited to;
malfunctioning of European Domain Centre’ database or servers;
data input error;
procedures, rules or policies laid down by ICANN, Registry, practices, customs or prejudices of Court of Laws or Dispute Resolving Arbitrators or;
Registry’s refusal of granting you the Domain Name for any reason.
Limitation of liability shall apply under the condition that the damages are not due to intentional or gross negligence caused by either European Domain Centre, its legal representatives or persons employed in performing an obligation.
Except in respect of injury to or death of any person or any other liability that cannot be limited or excluded by law, the respective liability of European Domain Centre in respect of each event or series of connected events shall not exceed EURO 1,000.
Notwithstanding anything to the contrary in these General Terms, European Domain Centre shall not be liable to you for loss of profits or contracts, loss of goodwill or other special, indirect or consequential loss whether arising from negligence, breach of contract or the like.
I. FOR NEW TLD QUEUES
Upon receiving a queue order European Domain Centre agrees to block the domain name from other of our applicants. For this service the buyer accepts to pay the queue amount of Eur 20,- to reserve the domain name in European Domain Centre's queue. A queue fee can not be refunded. When launch details are made public European Domain Centre will contact the buyer to qualify the buyer for the right launch phase and submit the buyer's domain name upon payment confirmation of the payment of the first period. If the registration is unsuccesful then the buyer will be able to claim the payment of the first period inside 60 days of being confirmed or register an alternative domain name. If no refund has been requested during this period, then the amount will be creditted on the buyer's account for future domain costs.
Payment. European Domain Centre is entitled to payment at the time of initiation of Your Order. European Domain Centre shall automatically charge the then-current renewal fee to the credit card last used on your European Domain Centre Account. Your credit card information will be stored at a neutral 3rd party clearing company and shall not be used for payment of any other service than renewal of your current engagements with European Domain Centre. Has your billing information changed since you last used your credit card with European Domain Centre you must inform European Domain Centre hereof by updating the credit card details depicted in your European Domain Centre Account, with your new details no later than fourtyfive (45) days prior to the expiration date.
Use of personal data. Personal data provided by you or your agent to European Domain Centre in the course of the contractual relationship will be;
submitted to Registry for Registry use;
made publicly available through European Domain Centre’ service as required by ICANN and;
used by European Domain Centre for the purposes of the contractual relationship, including to inform you about our services and products.
Such uses imply that your personal data will be disclosed to third parties and processed abroad.
By submitting your Order to European Domain Centre you consent to the above data collection and processing and you agree and represent that notice of the use described above has been given to any third party whose personal data is supplied to European Domain Centre.
European Domain Centre will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration or destruction. European Domain Centre will not process the personal data collected from you in a way not compatible with the above-referred purposes.
Taxes. Each Party will bear all taxes for which it is legally liable due to the relations between the Parties. If one Party is obligated to collect or remit any taxes for which the other is liable, the latter will reimburse the other Party upon request and submission of reasonable proof that the taxes were paid.
Governing Law and Jurisdiction. Danish law shall govern the relationship between the Parties exclusive of its choice of law rules.
Any dispute, controversy or claim relating to this Agreement and any subsequent amendments hereof including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims shall be determined by the County Court of Copenhagen, Denmark, (Københavns Byret).
Dispute resolution for Domain Names. You are bound by and obliged to adhere to the Uniform Domain Name Dispute Resolution Policy (UDRP) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) and to the TLD specific policies adopted by each Registry, which are incorporated herein by reference. Each policy can be found on the specific Registry’s web site, the location of which can be ascertained via http://www.iana.org/cctld/cctld-whois.htm. In relation to disputes concerning or arising out of your use of a Domain Name you must submit without prejudice to potentially available other jurisdictions, to the courts of your domicile and the courts in the jurisdiction of the relevant Registry.
Severability. If any provision of these General Terms is held by an arbitrator or by a court of competent jurisdiction to be unenforceable, invalid or void in any respect, no other provision of these Terms shall be affected thereby. The remaining provisions of these Terms will remain in full force and effect.
Remedies and Waivers. All rights and remedies of the Parties are separate and cumulative, and no one of them, whether exercised or not, shall be deemed to be to the exclusion of or to limit or prejudice any other rights or remedies that the Parties may have. The Parties shall not be deemed to waive any of their rights or remedies under these Terms, unless such waiver is in writing and signed by the Party to be bound. No delay or omission on the part of either Party in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
Force Majeure. Except for the payment of money, neither Party shall be liable for any failure to perform any obligation or provide service hereunder due to events beyond the reasonable control of the Party whose performance is to be excused, hereunder but not limited to fire, explosion, virus, earthquake, war, instructions of Government or other public authorities, strike, work stoppages, Acts of God, equipment or facilities shortages which are being experienced by providers of telecommunications or internet services generally.
Notices. Any notice, request, demand, approval or consent required or permitted under the relations between the Parties shall be in writing and shall be effective upon actual receipt when delivered by (a) registered mail, postage prepaid, return receipt requested, (b) personal delivery, (c) an overnight courier of recognised reputation (such as DHL or Federal Express), (d) transmission by facsimile, in each case addressed to in the case of European Domain Centre:
European Domain Centre ApS
1711 Copenhagen V
Tel: + 45 70225870
Fax: +45 70225970
or in your case to your last known address or email as communicated to European Domain Centre.
E-mail communication. All demands for written notice and other written communications are considered complied with by the use of e-mail sent from or to your European Domain Centre Account.
E-mails are considered sent when the message has been sent from the IT-system to which the senders e-mail account is associated. E-mails are considered received when the message has been received by the IT-system to which the recipients e-mail account is associated.
Headings. All section headings, titles or captions contained in this Agreement are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.
Amendments to General Terms. These General Terms may be subject to changes due to modifications in ICANN or Registry policies to which European Domain Centre must abide or in any other agreements that European Domain Centre is currently or will be bound by, as well as to adjust to changing business circumstances. Amendments to the General Terms as well as to any service descriptions or pricing sheets shall take effect 30 days after publication on the website of European Domain Centre at http://EuropeanDomainCentre.com. If you do not agree to any of such amendments, you may request that your Domain Name(s) are transferred to another registrar. Your continued use of any Domain Name registered through European Domain Centre shall constitute your acceptance of amendments.