Adicio Registration Agreement
Between Adicio Pte Ltd and the Registrant
- THE CONTRACTING PARTIES
- RESPONSIBILITIES OF ADICIO
- PERSONAL DATA PROVIDED BY YOU
- USE OF PERSONAL DATA
- YOUR WARRANTIES AND OBLIGATIONS
- LICENSE OF THE DOMAIN NAME
- YOUR RIGHTS TO THE DOMAIN NAME
- DISPUTE RESOLUTION POLICY
- LIMITATION OF LIABILITY
- BREACH OF CONTRACT
- GOVERNING LAW AND VENUE
As used in this Registration Agreement, the following terms shall have the respective meanings:
a) “Adicio” means Adicio Pte Ltd, of 9 Hong Kong Street, #01-01, Singapore, 059652, a Singapore registered company.
b) “Adicio’s website” means the website located at https://www.adicio.net/ or such other internet address as may be adopted by Adicio from time to time.
c) “Registrant” means the person or organization purchasing a domain name.
d) “Registrar” means the entity authorized to contract with Registry Administrator, collects registration data about the domain name holder and submits zone file information for entry in the Registry database.
e) “Registry Administrator” means the Top Level Domain Authority administering the domain names purchased by the Registrant.
f) “Services” means the services identified on Adicio’s website to be provided by Adicio to the registrant pursuant to the terms and conditions.
g) “WHOIS service” means an interactive, query-based and publicly accessible Internet utility that returns information about the ownership, contact details and availability of a domain name or IP address.
2. THE CONTRACTING PARTIES
2.1. This Registration Agreement is made between you (the Registrant) and Adicio. You, the Registrant, are the sole responsible contracting party under this agreement for the obligations of the Registrant and shall remain so, even if you license use of the domain name to a third party, or if the domain name is registered for you by an agent acting on your behalf.
2.2. This agreement enters into force when you or your agent submit(s) your application for a domain name registration to Adicio.
2.3. The agreement may be subject to changes due to modifications in ICANN or Registry Administrator policies to which Adicio must abide. Amendments to this Agreement shall take effect 30 days after publication of the amended terms and conditions of the Registration Agreement on the website of Adicio located at the URL www.adicio.net.
3.1.(a) If your application for registration of the domain name is submitted on your behalf by an agent (e.g. an Internet Service Provider or employee), you will nonetheless be bound by all terms and conditions in this Agreement, including the Uniform Domain Name Dispute Resolution Policy referred to in section 10.
3.1.(b) If you are an agent submitting a domain name application on behalf of someone else, you may not submit such application without the permission and knowledge of that person and/or the final user of such domain name. Breach of this term shall entitle Registrar and/or the Registry Administrator to cancel your application or registration.
3.2. By submitting the application, the agent represents and warrants that (i) the agent is authorized to apply for the domain name and Adicio’s services on your behalf; (ii) the agent is authorized to commit you to the terms and conditions of this Agreement; and (iii) the agent has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any acts or omissions of your agent.
3.3. Your use or continued use of Adicio ’s services and/or the relevant domain name ratifies any unauthorized actions of an agent on your behalf.
3.4. Adicio will not refund fees paid by you or the agent for any reason, including, but not limited to, the agent’s failure to comply with the terms and conditions of this Agreement, the agent’s provision of inaccurate information in the application process or the agent’s incorrect change or modification of the domain name record.
4. RESPONSIBILITIES OF ADICIO
4.1. It is the responsibility of Adicio to submit zone file information for entry in the Registry’s database. Adicio accomplishes this obligation by submitting to Registrar which in turn submits to Registry Administrator the domain name, the name server information and other information necessary for the creation and maintenance of the domain name, including the personal data submitted by you or on your behalf by your agent.
5. PERSONAL DATA PROVIDED BY YOU
5.1. You and your agent shall ensure that your domain name application contains accurate and reliable contact details. You shall ensure that you or your agent promptly correct and update such contact details during the term of the domain name registration, including but not limited to
a) your full name, postal address, e-mail address, voice telephone number, and (where available) fax number,
b) information required by Registry Administrator, e.g. company papers or trademark certificates, and
c) in the case that you are an organization, association, or corporation,: the name of an authorized person for contact purposes.
5.2. The willful provision of inaccurate or unreliable information by you or your agent; the willful failure of you or your agent to promptly update information provided to Adicio, or the failure by you or your agent to respond for over fifteen (15) calendar days to inquiries by Adicio concerning the accuracy of the information associated with your registration, shall constitute a material breach of this contract, and shall entitle Registrar to cancel the domain name registration.
6. USE OF PERSONAL DATA
6.1. Personal data provided to Adicio by you or your agent will be
a) submitted to Registry Administrator for registry use;
b) made publicly available through Registrar’s WHOIS service as required by ICANN, and
c) used by Registrar for inclusion in registers and databases produced by Registrar or its licensees.
6.2. By submitting your application for a domain name registration to Adicio or authorizing your agent to submit such application on your behalf you consent to the data collection and processing referred to in Section 6.1. above.
6.3. You agree and represent that notice concerning the use of personal data as described in Section 6.1. above has been given to any third party individuals whose personal data are supplied to Adicio by you or by your agent, and that you have obtained the consent to use equivalent to that referred to in Section 6.2, from any such third party individuals.
6.4. Adicio will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration or destruction. Adicio will not process the personal data collected from you in a way incompatible with the purposes referred to in Section 6.1 above.
7. YOUR WARRANTIES AND OBLIGATIONS
7.1. When applying for a domain name, either yourself or through an agent, you represent and warrant that:
a) the statements made in the application are complete and accurate;
b) to your knowledge, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party;
c) you will not knowingly use the domain name in violation of any applicable laws or regulations, and that
d) you are not registering the domain name for an unlawful purpose.
7.2. You shall abide by any ICANN and/or Registry Administrator adopted policy prohibiting or restricting warehousing of, or speculation in, domain names by registrars.
8. LICENSE OF THE DOMAIN NAME
8.1. If you license use of the domain name to a third party you are nonetheless the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name.
8.2. If you license use of the domain name according to Section 8.1 you will nonetheless be liable for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
9 YOUR RIGHTS TO THE DOMAIN NAME
9.1. You hold no rights over a domain name until Registry Administrator has accepted your application and filed a registration of the domain name.
9.2. Your registration of a domain name shall be subject to suspension, cancellation or transfer pursuant to any ICANN-adopted policy, or pursuant to any Registry Administrator or Registrar procedure not inconsistent with an ICANN-adopted policy,
a) to correct mistakes by Adicio, Registrar or Registry Administrator in registering the domain name, or
b) for the resolution of disputes concerning the domain name.
10. DISPUTE RESOLUTION POLICY
10.1. By committing yourself to this Registration Agreement, you agree to be bound by the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), and which is incorporated by reference into this Registration Agreement.
If you have applied for one or more Country Code Top Level Domains (e.g. com.sg), you are furthermore bound by the dispute resolution policies adopted by the Registry Administrators administering the domain names you are applying for (please see your registration details).
10.2. In relation to disputes concerning or arising out of use of the domain name, you agree to submit without prejudice to potentially available other jurisdictions, to the jurisdictions of the courts of your domicile and the courts in the jurisdiction of the relevant Registry Administrator.
11. LIMITATION OF LIABILITY
11.1. Under no circumstances shall Adicio, Registrar and Registration Authority be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits incurred by you as a result of, or in connection with the domain name registration, hereunder, but not limited to,
a) the domain name’s suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by ICANN or Registry Administrator or due to practices, customs or prejudices of Court of Laws or Dispute Resolving Arbitrators;
b) Registration Authority’s refusal of granting you the domain name for whatever reason.
11.2. Authoritative information concerning the registrant of a domain name and availability of a domain name is acquired only at Registry Administrator’s WHOIS database, and information depicted in Adicio’s or Registrar’s WHOIS databases may therefore not be conclusive on this matter.
You agree to indemnify, defend and hold harmless Registry Administrator, Registrar and Adicio as well as their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fess and expenses) arising out of or related to the domain name registration.
13.1. Registrant agrees to make payment for the Services as follows :
13.1.1 by credit card payment at the time of making the order through Adicio’s website Or
13.1.2 by cheque payment on the computer generated invoice on Adicio’s website within 5 business days of the order date.
13.2 If the customer fails to pay any invoice which is due and payable under this Agreement, Adicio reserves the right not to proceed with the registration, transfer, renewal or other services. Adicio will not be liable for the subsequent unsuccessful registration or for the non-renewal of domain names.
13.3 Once a Domain name is registered, renewed or transferred-in, the payment is non-refundable. This applies to the services linked to the domain such as websettings, email settings and dns hosting.
13.4 Where a Queue registration is purchased, the queue fee is non refundable. A queue registration is defined as a submission of a domain to Adicio with the purpose of signing up for registrations before the official launch and subject to allocation by the relevant authority.
13.5 Where refunds are due, 10% of the purchase price will be levied as administration charge.
14. BREACH OF CONTRACT
14.1. Failure to abide by any Section of this Registration Agreement, the Uniform Domain Name Dispute Resolution Policy or Registry Administrator’s Registration Policy is considered a material breach that will be sufficient basis for Registrar’s cancellation of the domain name registration.
14.2. Adicio shall provide a notice to you in which the breach is described. If within thirty (30) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Registrar, that you have not breached your obligations, then Registrar is entitled to delete your registration of the domain name. A breach by you shall not be deemed to be excused simply because Registrar did not act earlier in response to that, or any other, breach by the you.
15.1. Any notices required or permitted under this Registration Agreement may be sent to either party via mail, facsimile or email. Notice to you may be sent to the addresses depicted in your contact details at the date of the notice, including your email-address. Notice given to Adicio via email shall be sent to the address firstname.lastname@example.org in the English language.
15.2. Notice given by facsimile or email is deemed given on the day the facsimile or email is successfully transmitted.
The terms of this Registration Agreement are separable. If any term or section is declared invalid, it shall not affect the remaining terms or sections, which shall continue to be binding.
This Registration Agreement and the Uniform Domain Name Dispute Resolution Policy are the complete and exclusive agreements between you and Registrar regarding your domain name registration.
18. GOVERNING LAW AND VENUE
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The Tribunal shall consist of a sole arbitrator. The place of arbitration shall be the SingaporeInternationalArbitrationCenter. The language to be used in the arbitration proceedings shall be English. The Tribunal shall decide the substance of the dispute in accordance with the laws, or rules of laws, of Singapore. In any action to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys' fees.
ICANN Registrant Rights and Responsibilities principles, please visit: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
Registrant Benefits and Responsibilities: For Registrant Benefits and Responsibilities, please download the PDF from: http://www.netnames.com/sites/default/files/Registrant%20Benefits%20and%20Responsibilities.pdf
Expired Registration Recovery Policy: For Adicio Expired Registration Recovery Policy for gTLDs, see: http://www.netnames.com/sites/default/files/netnames-website-disclosure-errp.pdf
Domain Disputes: Adicio adheres to the Uniform Domain Name Dispute Policy (“UDRP”) which is applicable to all gTLDs and some ccTLDs. The current version of the UDRP is found at: http://www.icann.org/en/help/dndr/udrp
In addition, Adicio adheres to all other dispute resolution policies where the registry operator for the applicable domain name has chosen to administer a different dispute resolution policy.
Adicio adheres to the Uniform Rapid Suspension (“URS”) which is applicable to all gTLDs. The current version of the URS is found at: http://newgtlds.icann.org/en/applicants/urs
ICANN Registrant Verification Information: As part of ICANN’s new gTLD project, registrars were required to sign the new 2013 Registrar Accreditation Agreement (“RAA”) as a condition of offering new gTLDs to registrants. One of the new provisions of the RAA is a requirement for registrars to verify registrant contact details within a specified timeframe or, failing verification, to suspend the domain in question.
Adicio has chosen to verify registrant email addresses. In summary, Adicio’ clients will be asked to verify their email address within 15 days of the following transactions: (1) new registrations (2) transfers in and (3) contact changes. A failure to verify within the 15 days will require Adicio to manually verify the email address or failing such manual verification, to suspend the domain.
In practical terms, what this means for our clients is:
- For new domain registrations, orders will be processed as currently but clients will receive a request to verify their email address if their email address has not previously been verified. Domains will be placed on a holding page until the registrant email address has been verified. Once verified, the domain name will be released to the client.
- For transfers in of domain names, Adicio will process the order as currently but clients will receive a request to verify their email address if their email address has not previously been verified.
- For contact change requests, Adicio will process the order as currently but clients will receive a request to verify their email address if their email address has not previously been verified.
In the situations described in (2) and (3) above where the email address is not verified, Adicio will seek to manually verify the email address. Clients will be contacted by telephone and email to ensure that verification is submitted.
We acknowledge that the email verification process will be disruptive in the early days following implementation but it is a mandatory requirement from ICANN and any registrar offering gTLDs has to implement the same process.
Throughout this process, you will not be asked to provide any password details or disclose confidential information. Additionally, once an email address has been verified, no further verification of the same email address is required. Adicio’ Customer Service and Account Management teams fully understand the process for registrant verification and are able to answer any questions you may have.
Please note that this only applies to gTLDs and any ccTLDs held by our clients remain unaffected.
Expired Registration Recovery Policy for gTLDs
Prior to the expiration of a gTLD domain registration (e.g. .com, .info, etc), we will notify the registered name holder by email that the domain registration is scheduled to expire. These notices will be sent in English and will be sent at the following times:
- First Notice – approximately 60 days prior to expiry
- Second Notice – approximately 30 days prior to expiry
- Third Notice – approximately 3 days prior to expiry
- Final Notice – approximately 5 days after expiry if no renewal instructions have been received
Redemption Grace Period
All gTLD Registries must offer a Redemption Grace Period of 30 days following deletion of a domain registration during which time the registered name holder may restore the domain registration. The fee to restore the domain will be SG 200.00