| Register NV/SA - Register.eu - General Terms and Conditions |
1.Unless otherwise agreed, by explicit and written provision, the current
General Terms and Conditions apply to all contracts concluded between Register NV/SA - Register.eu (Verdunstraat 742, 1130 Brussels) and the natural or legal person, further
called “the client”, who calls upon to Register NV/SA - Register.eu to offer him services concerning:
- the registration of domain names ;
- the purchase, the configuration and the use of Internet site hosting;
- the purchase, the configuration and the use of the EasySiteBuilder;
- the purchase, the configuration and the use of mailboxes.
2. The client acknowledges to have taken full and prior knowledge of the General
Terms and Conditions before purchasing his order by means of the website www.Register.eu,
order form, fax or telephone.
3. The terms and conditions of the Client do not apply if they differ from or contradict to the current General Terms and Conditions, except in case of explicit and written consent of Register NV/SA - Register.eu.
4. The use of Register NV/SA - Register.eu by means of the website www.Register.eu, by e-mail
or order form, presupposes automatically the consent and acceptance of the General
Terms and Conditions.
|
|
1. The Client recognises to be engaged in a definite and irrevocable electronic
contract as from the moment Register NV/SA - Register.eu has received the acceptance of its
offer, (the moment the Client visualises the confirmation screen). In the same
way the contract is definite and irrevocable as from the signing of the order
form by the Client or the reception by Register NV/SA - Register.eu of the Order made by fax
or ordinary mail. Unless Register NV/SA - Register.eu does not accept the order on the basis
of the rules stated in the current General Terms and Conditions, the Client will
receive a confirmation of his order by e-mail within 24hours. This confirmation
is considered to be received by the Client the moment the e-mail reaches the server
on which the mailbox of the Client is located.
|
2. The contract is concluded for successive periods, equal to the initial period of 1,2,3,5 or 10 years according the choice of the Client, which are extended tacitly and automatically. Each of the parties can cancel the contract according to the provisions of Article 8 of the current General Terms and Conditions. The minimum duration of the contract is equal to the initial period chosen by the Client (1,2,3,5 or 10 years).
|
3. The contract is considered to be concluded at the head office of Register NV/SA - Register.eu, being the place where the acceptance of the offer is received.
4. Every person who places an order for the Client, who purchases an order requesting to invoice the Client or who places an order in accordance with Article 1120 of the Belgian Civil Code, remains in any case personally liable if the order remains unpaid by the Client on the expiry date.
|
|
1. The Client obliges himself to give all useful information to Register NV/SA - Register.eu. The Client is solely responsible for the information supplied by him.
2. Register NV/SA - Register.eu is under no circumstances responsible for the information which is passed through -consciously or not - by the Client or for any damage which would result thereof.
3. The Client shall indemnify Register NV/SA - Register.eu for all costs, resulting from damage which was caused by providing incorrect information by the Client or by a third party which has access to the account of the Client.
4. For the registration of a domain name the Client recognises that
he has taken knowledge and has accepted the general
conditions of the national or international registration authority
concerned, further called the « Registry » and the specific
rules that apply in case of local representation or administrative
contact service offered by Register NV/SA - Register.eu, its subsidiaries or partners.
5. The Client authorizes Register NV/SA - Register.eu to activate after the registration or transfer of a domain name the lock mechanism offered by the Registry (or any similar service), free of charge, to avoid loss of the domain name via a fraudulent transfer out. The Client can request to unlock the domain name at any time without extra cost.
| 6. The Client-consumer does not have the right to cancel the purchase, given the immediate use of the product/service. |
7. The customer recognises explicitly that Register NV/SA - Register.eu complies with all information
obligations as provided in the Belgian Law on the Electronic Trade and the Law
on the Trade Rules and Protection of Consumer rights and that they are clearly
and permanent visible on the Internet site of Register NV/SA - Register.eu. (without willing to
be limitative, i.e. the identification data of Register NV/SA - Register.eu, the order procedure,
prices and rates,…)
|
|
1. Register NV/SA - Register.eu reserves the right to extend the services delivered
to the Client. The Client shall be notified through the website www.Register.eu,
by e-mail, by SMS or ordinary mail.
2. Register NV/SA - Register.eu reserves the right to alter the applicable tariffs on the website
www.Register.eu. The Client shall be informed by means of the website www.Register.eu,
by e-mail, SMS or ordinary mail. All prices are VAT included.
In case of a tariff increase, the Client has the
possibility to reject the new price and to cancel the contract by registered mail
with acknowledgment of receipt within a delay of thirty days to be calculated
from the day the mail announcing the tariff increase was sent.
3. Register NV/SA - Register.eu reserves the right to alter his General Terms and Conditions.
The Client shall be notified through the website www.Register.eu, by e-mail, by
SMS or ordinary mail.
|
|
1. The Client shall not misuse Register NV/SA - Register.eu to violate others privacy
or for illegal purposes that are an attempt on good morality or the public safety/law
and order.
2. The Client agrees not to use the services offered by Register NV/SA - Register.eu for the following purposes : (this list is an illustration and is not limited to the purposes mentioned)
- The use of Register NV/SA - Register.eu that is an attempt on the international or local
laws, by laws we mean the Belgian Laws or the laws applicable in the countries
;
- The production of false identities or all attempts to misguide others using
false or misguiding identities by sending messages through Register NV/SA - Register.eu ;
- The use of the services of Register NV/SA - Register.eu to disperse illegal, disturbing,
abusive, ambiguous or uncivilized content or that violates the public safety/law
and order ;
- The use of the services of Register NV/SA - Register.eu to disperse content violating the
intellectual property or other rights of third parties, including trade marks
and copyrights ;
- The use of the services of Register NV/SA - Register.eu to disperse libelous or negative
information about Register NV/SA - Register.eu and all related companies or any other natural
or legal person.;
- Sending material that contains viruses, « Trojan horses », « worms », «
time bombs » or every other programm that can damage the electronic systems
of the addressee.
- Attempts to gain access without permission, by hacking passwords or by
every other method, to the services of Register NV/SA - Register.eu, the accounts of other
Clients or systems and networks connected with Register NV/SA - Register.eu ;
- The use of the services for purposes that violate penal law, civil rights
or the public safety/law and order ;
|
|
1. Register NV/SA - Register.eu cannot be held liable for acts of the Client that violate the
rules of the code of good conduct as expressed in Article 5.
2. If Register NV/SA - Register.eu has good reason to believe that a Client does not comply
with the rules of good conduct (Article 5), Register NV/SA - Register.eu shall order the Client
by e-mail, ordinary mail or SMS to stop any practice violating the rules of good
conduct (Article 5). If the Client does not stop these practices within a delay
of two days, Register NV/SA - Register.eu has the right to put its services on hold. This means
its services will no longer be accessible for the Client. The Client using the
offered services violating the rules of good conduct, will not be refunded for
the value of the remaining services.
3. Register NV/SA - Register.eu cannot be held liable for the content of e-mail messages that
are sent by means of her services. The liability for the content of messages is
entirely the Client’s.
4. Register NV/SA - Register.eu is under no circumstances liable for the content of websites
that are hosted of created on its platform or that are made accessible by means
of its platform (for example by the service of ‘URL formwarding’). The liability
for the content of messages and websites is entirely the Client’s. Register NV/SA - Register.eu
cannot be held liable for the “redirection” of a domain name on request of the
Client.
5. Register NV/SA - Register.eu can under no circumstances be held liable for the breaches of
its Client of the intellectual rights in general. (without being exhaustive :
trade marks, copyrights, designs and models, …)
6. Register NV/SA - Register.eu nor its suppliers can under no circumstances be liable for any
direct damage, incidents, indemnities pronounced as a sanction, accessory, special
or indirect damage or for any other damage following the loss of data, the loss
of advantages that result or are related to the use and functioning of www.Register.eu,
the delays of www.Register.eu or the impossibility to use www.Register.eu, the
delivery or any fault in the delivery of the services, or for any damage caused
by any information, material, product, service or associated graphic element obtained
by using the website www.Register.eu or linked with the use of the website, even
if this liability is contractual or not.
7. The information, products or services of www.Register.eu may contain technical
or typing error. The information is regularly modified. Register NV/SA - Register.eu and/or
it suppliers can be urged to make corrections or modifications to the website.
Register NV/SA - Register.eu and its suppliers cannot be liable for the malfunctioning, interruptions
or faults in the electronic publication en the related services.
8. The Clients is obliged to protect Register NV/SA - Register.eu for any act of fraud caused
by third parties related to the services delivered by Register NV/SA - Register.eu. As a consequence,
this warrantee means that the Client shall assist Register NV/SA - Register.eu in its defence and
shall indemnify Register NV/SA - Register.eu for any damage resulting of such a complaint (i.e.
judicial costs, indemnities, etc.)
9. Register NV/SA - Register.eu reserves the right to refuse any demand to execute a domain name registration violating the General Conditions of the Registry and/or more generally every domain name that is offensive or an attempt on good morality or the public safety/law and order.
10. The Client accepts to comply with the laws and regulations regarding the registration of domain names. The Client-Licensee is fully aware that these rules are subject to amendments. The Client-Licensee acknowledges and accepts that Register NV/SA - Register.eu is not competent regarding these rules and cannot be liable for the consequences of this rules or their amendment. The Client-Licensee acknowledges and accepts that the Registry makes a decision about the registration of every domain name in accordance with its rules of registration. Under no circumstances Register NV/SA - Register.eu can be liable for refusal by the Registry of any domain name or in case a domain name is declared invalid, cancelled or suspended for what reason so ever. The Client-Licensee is and remains the sole responsible for the selected name and for the decision to register the name as a domain name.
11. Register NV/SA - Register.eu reserves the right not to proceed with the registration of a domain name if the Client fails to pay the indebted amount. Register NV/SA - Register.eu is not liable if the domain name is registered by a third party in the period between the order of the Client to make the registration and the date of payment by the Client.
12. The parties explicitly agree that in any case the liability of Register NV/SA - Register.eu
cannot exceed the amount paid by the Client in the year proceeding the year of
the demand of compensation for damages regarding the very same services or products
that are the object of the demand of compensation for damages.
|
|
1. Register NV/SA - Register.eu only activates the products or services on the account of the
Clients once the indebted amount of the order has been paid.
2. All invoices have to be paid by the expiry date. Every invoice that remains unpaid on the expiry date shall automatically and without prior notice be increased with an annual interest rate of 12 % calculated on the principal amount of the invoice until the final payment of the whole amount. Apart from the interests the invoice shall automatically and without prior notice be increased with a contractual indemnity of 15 % calculated on the principal amount of the invoice, being at least € 25 and maximum € 1,250, for the extrajudicial fees and other contractual losses suffered by Register NV/SA - Register.eu. The Client accepts explicitly his liability to pay an indemnity on the basis of Article 6 of the Law of 2nd August 2002 on combating late payment in commercial transactions regarding the legal fees supported by Register NV/SA - Register.eu ( relevant legal fees and costs of lawyers, bailiffs,…)
3. In case of non-payement of the invoice and after written reminders for the payment, Register NV/SA - Register.eu has the right to suspend the product(s) or service(s) which will render them inaccessible by the Client. The Client has the possibility to demand the reactivation of the product(s) or service(s) by Register NV/SA - Register.eu by payment of the unpaid invoices and interests.
4. Incidental complementary administrative, technical or other costs resulting from the late payment and/or suspension of a product or service are the full responsibility of the Client.
|
|
1. The Client can terminate the current contract only by giving a prior notice
of two months by means of a registered ordinary mail to Register NV/SA - Register.eu (Verdunstraat
742, 1130 Brussel). The Client will not be refunded for the already paid subscription
rates.
2. Register NV/SA - Register.eu can terminate the contract and end the delivered services
by giving a prior notice of two months by means of a registered ordinary mail
to the Client. The Client will be refunded with the remaining subscription rate
for the rest of the period within a delay of thirty days following the announcement
of the termination of the current contract. If the Client fails to respect the
rules of good conduct (Article 5), Register NV/SA - Register.eu can terminate the contract earlier
in accordance with the procedure aforementioned in article 6, paragraph 2.
3.
Register NV/SA - Register.eu reserves the right to terminate the contract if the Client has
ordered the product or service using false information or in discordance with
the declarations and provision of the General Terms and Conditions. Under no circumstances
the remaining amount of the subscription price for the rest of the current period
of registration will be refunded.
4. If the cancellation of the contract for the
use of a product or service has not been carried out in the two months before
the expiry date of the current subscription period as mentioned under Article
8, paragraph 1, the Client accepts that this will be regarded as a renewal by
tacit agreement of the contract for the same period. In this case the Client will
be obliged to pay the subscription price for the same products and services for
the new period.
5. After the tacit renewal, the Client can terminate the contract by a written notice that should be send by registered letter (Register NV/SA - Register.eu, Verdunstraat 742, 1130 Brussels) respecting a term notice of one month. Article 8.4. is not applicable to the Client-Consumer.
|
|
1. The personal data of the Client are registered in the databases of Register NV/SA - Register.eu (Verdunstraat 742, 1130 Brussel). The Client has the right to have access
to his data and the right to correct his data. The Client agrees that the domain name, registrant and contact person information will be published in the public WHOIS database in accordance with the regulation by the specific top level domain registry.
The registrant agrees that the domain name, registrant and contact person information will be managed electronically by the top level domain name administrator.
2. Register NV/SA - Register.eu shall use this data for the purpose of client-administration,
marketing research and services for the promotion of its products and services.
If the Client does not want to receive this information, he can notify Register NV/SA - Register.eu by e-amail (info@Register.eu), by fax (+32 2-247.37.01 ) or ordinary mail to
Register NV/SA - Register.eu, Verdunstraat 742, 1130 Brussel).
3. Register NV/SA - Register.eu guarantees to treat all personal data of the Client confidentially in accordance with the international and national rules and more specific the Belgian Law of 8th December 1992 on protecting the privacy of personal data (B.S., 18th March 1993), amended by the Law of 11th December 1998 (B.S., 3rd February 1999).
4. Therefore,
- Register NV/SA - Register.eu shall not disclose any information regarding e-mail addresses
and data of members, partners, clients, prospects, employees, relations, friends
of the Client, nor shall Register NV/SA - Register.eu share this information with third
parties without the prior written and explicit consent of the Client stating
that he has given his consent to disclose the related data for this specific
use when the respect of the rules of the use of personal data is respected.
- Register NV/SA - Register.eu shall not transmit, share or sell any information of the
Client (mobile number, e-mail address, telephone and fax number, demographic
data or data regarding the identity of the Client) without the consent of
the Client or without the latter is informed about the purpose thereof.
|
|
Neither the Client, nor Register NV/SA - Register.eu are liable for the non-execution or the
delay in execution of the obligations mentioned in this contract if an act of
God (as accepted by the Belgian jurisprudence) occurs. Shall not be considered
as an act of God : the Client who is not capable of paying the costs of the services
or products delivered by Register NV/SA - Register.eu
|
|
No provision of the The current General Terms and Conditions can be deleted. The
current General Terms and Conditions have priority over the general terms of the
Client. If some of the provisions of the current General Terms and Conditions
should be considered null and void, both parties agree to replace this provision
by a new provision that accommodates the most the joint intention of both parties.
|
|
The Belgian Law and Regulations apply to the current General Terms and Conditions
and to each order, acceptance or contract that falls under these conditions. Notwithstanding
the provisions about agencies which are competent for the settlement of disputes,
each dispute concerning present General Terms and Conditions, their interpretation
or implementation, falls, in case of failure to find an amicable settlement, under
the exclusive jurisdiction of the tribunals and courts of Brussels, Belgium.
|
|
|
|
UK