TERMS & CONDITIONS

 

Domain Names

1.1 These Terms and Conditions are applicable to different operations and services related to domain names, the Customer being the holder or acting on behalf of third parties called upon by the holder. These Terms apply to all sales, delivery and operation, unless formally and explicitly expressed otherwise by Ordipat.

1.2 When an estimate is established by Ordipat, it constitutes the special terms that modify or constitute these terms and conditions.

1.3 If the Customer order is received, it shall be deemed definitively accepted only after written acceptance to Ordipat and transmitted by the Customer by email or post. It is this acceptance which embodies the specific conditions of these terms.

1.4 Any order received from the Client constitutes acceptance by the latter, without reservation, in legal, administrative rules and naming techniques applicable to domain names under the zone (TLD), as well as specific rules for resolving conflicts that may arise between the owner of a domain name and a third party. These provisions form the SC Supplement. A non-exhaustive list of provisions set out in section 5 below (Article 5 – Specific Terms Supplement), and can also be found in RESOURCES section of Ordipat website.

  1. Customer Obligations

2.1 Customer will provide Ordipat assistance and information necessary to facilitate the performance of services, including documents, materials, necessary data in sufficient time to allow Ordipat achieve each service.

2.2 The Customer undertakes to inform Ordipat of any change in his situation (change of name, legal form, status, address etc …).

2.3 The Client shall ensure the accuracy of such information and will take Ordipat responsible for the consequences of any errors and / or omissions that may occur due to the inaccuracy of any of the information transmitted to Ordipat by the Client. Customer Ordipat guarantee against any third party action on the consequences of such an error and / or omission.

  1. Bonds Ordipat

3.1 Ordipat perform the services with professionalism and in accordance with the rules of the art in the information technology sector.

3.2 Ordipat will inform the Customer of the performance of the service and respond to customer information requests during the execution thereof.

3.3 Ordipat may refuse to register a domain name proposed by the Customer that is already deposited in a primary domain or that is, to his knowledge, contrary to public order, morality or the rights of others. Ordipat be liable for any domain name registration would be done by any other party qu’Ordipat during the registration process.

3.4 Ordipat agrees to acknowledge receipt by email the Customer’s requests within a maximum of 48 hours on business days, outside of public holidays in France.

  1. Registration and Domain Name Management

4.1 Ordipat offer the use of a search engine for domain names. The information provided by the search engine is available to the public for information purposes.

Such information has simple value of information and do not commit Ordipat regarding the availability, ownership or any technical or administrative data on the domain names.

4.2 Ordipat shall register the domain name for which the Customer has placed an order in the terms and conditions set forth herein. The registration procedure is carried out with the competent bodies by Ordipat, as technical manager. For registration or change administrative or technical data of the domain name, Ordipat acts on behalf of the Client to the authorities responsible for assigning domain names in the zone.

Ordipat inform the customer of the expiry of the domain name within a reasonable period, with a minimum of 30 days. This will allow in any case the client to express his will. Domain names with .com extensions * and * .eu are subject to automatic renewal. The Client shall inform Ordipat its desire not to renew within a period of one (1) month before the expiry of the domain name. Otherwise, it will be renewed automatically. Regarding any other type of extension, and in the absence of explicit instructions, Ordipat will not proceed to the renewal of the domain name, and begin the process of disabling technical. Customer may reactivate the domain name upon payment of the renewal fee and reactivation of the domain name, provided that it did not fall into the public domain and registered by a third party.

4.3 Ordipat, upon an application by the Customer to the redirection or transfer of the domain name on the DNS servers of choice.

4.4 Ordipat provides the Customer access to the DNS management interface. This tool, called IPR CONTROL is used by the Customer under his responsibility.Ordipat therefore can not be held responsible for the consequences of a DNS setting seized by the Client.

  1. Special Terms Supplement

5.1 ICANN policies:

  • Rights and Obligations of Holders: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
  • RAA 2013: http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm
  • Ordipat inform the customer of the expiry of the domain name within a reasonable time (90 days and 45 days, and in any event with a minimum of 30 days).This will allow in any case the customer to express his will. Failing express instruction of renewal before the expiry date, the domain name will not be renewed, and DNS and hosting services will be suspended. If within 45 days of the expiration date, the Customer has not indicated its willingness to renew the domain name, including the payment of an additional fee, the domain will be deleted and will again become available to the registration by third parties. In any event, once exceeded the expiration date, Ordipat does not guarantee the renewal of the domain name.

5.2 Specific conditions domain names .fr:

  • http://www.afnic.fr/medias/documents/Cadre_legal/charte-de-nommage_03-2013.pdf
  • Ordipat inform the customer of the expiry of the domain name within a reasonable time (90 days and 45 days, and in any event with a minimum of 30 days).This will allow in any case the customer to express his will. Domain names with .com extensions * are subject to automatic renewal. The Client shall inform Ordipat its desire not to renew within a period of one (1) month before the expiry of the domain name. Otherwise, it will be renewed automatically, and the Customer will be charged.

5.3 Specific terms .UK domain names:

  • Nominet Terms & Conditions: http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
  • Ordipat inform the customer of the expiry of the domain name within a reasonable time (90 days and 45 days, and in any event with a minimum of 30 days).This will allow in any case the customer to express his will. Failing express instruction of renewal before the expiry date, the domain name will not be renewed, and DNS and hosting services will be suspended. If within 30 days of the expiration date, the Customer has not indicated its willingness to renew the domain name, it will be possible to reactivate it for a further 60 days on payment of a surcharge (see our price list on our website). Beyond this amount within 90 days after the expiration date, the domain name will be deleted and will again become available for registration by third parties.

5.4 Specific conditions .EU domain names:

  • http://www.eurid.eu/files/docs/trm_con_FR.pdf
  • Ordipat inform the customer of the expiry of the domain name within a reasonable time (90 days and 45 days, and in any event with a minimum of 30 days).This will allow in any case the customer to express his will. Domain names with .eu extensions * are subject to automatic renewal. The Client shall inform Ordipat its desire not to renew within a period of one (1) month before the expiry of the domain name. Otherwise, it will be renewed automatically, and the Customer will be charged.
  1. Contract Formation

6.1 Ordipat is contractually obliged after having acknowledged receipt of complete customer instructions, clear and precise, by email or post. Ordipat may request from the Customer any information necessary for the registration of the domain name (example: KBIS extracts, RCS, VAT …) after receiving client instructions.The formation of the Contract is effective once qu’Ordipat acknowledged receipt of the said information needed, and agreed to conduct audit record. The management of an order leads to Ordipat, the only requirement to transmit the Customer’s request, promptly following receipt, to the competent body responsible for the allocation and management of domain names in the area concerned. In case of refusal or inability of registration or renewal of domain name desired by the Customer by the competent authority, Ordipat will announce this decision to the Customer as soon as possible.

6.2 Ordipat shall in no event be liable for any direct or indirect consequences for the Customer, a refusal of registration or renewal of domain name, the part of the authority to which the application was sent. On acceptance of the application for registration, Ordipat send the Client by mail or paper mail, confirming the registration of the domain name in question.

6.3 Ordipat will not be liable if the services would prove impossible to provide because of obstacles beyond the control Ordipat.

  1. Price and payment

7.1 In consideration of the Services provided under the Agreement, Customer agrees to pay Ordipat accordance with current rates.

7.2 The payment of benefits is made by check, credit card or bank transfer.

7.3 The prices do not include VAT or other taxes and registration fees (unless mentioned in the quote), or taxes of any kind.

7.4 The time estimates are only indicative of Ordipat.

7.5 Ordipat annually invoice Customer for work performed unless otherwise expressly agreed.

7.6 Payment must be made within thirty (30) calendar days from the issue date of the invoice. In case of delayed payment, the Customer will be entitled to full liable to a penalty for late payment, calculated by applying the full amount due, the legal rate plus two (2) points and up ‘full payment.

7.7 If the Customer, despite sending a registered letter with acknowledgment of receipt does not pay his debts to Ordipat, Ordipat may interrupt the work in progress and will be compensated for losses and expenses incurred .

7.8 No discount will be granted for early payment.

  1. Liability

8.1 The responsibility of Ordipat is limited to direct damage to the Customer due to a breach or a Ordipat negligence. Ordipat can not be held liable for any indirect damage such as loss of profit or savings, lower production, loss of data, loss of income and damages to be paid to third parties, consequential damages or other monetary damages. In any case, the liability of Ordipat does not cover damage attributable to the Customer, its directors, its customers, its employees and / or agents whether because of their negligence, their fault or the inaccuracy of information given to Ordipat or any other cause.

8.2 The responsibility of Ordipat is limited to an amount equivalent to twenty-five (25) percent of the fees Ordipat received the Customer during the six (6) months preceding the claim.

8.3 The client loses any right to damages, penalties or other compensation if the claim was not made by registered letter with acknowledgment of receipt, as soon as possible and no later than three (3) months the day the customer knew or should have become aware of the circumstances that caused the damage.

  1. Privacy

9.1 The parties will keep strictly confidential during the term of delivery and three (3) years after delivery, all the information they receive from the other party concerning the terms and conditions of the service, customers, assets, operations or affairs of the other party. Neither party will disclose or knowingly permit the disclosure of such information to any other person, firm or corporation except to the extent that it may be necessary for staff involved in the provision of services by or on behalf of the parties. The Parties will ensure that such persons, firms or companies retain such information in strict confidence. This obligation does not extend to information that was already known to the parties as evidenced by their previous written or have been previously acquired (otherwise than a third that would violate a similar obligation towards the parties) or other information would be in the public domain or the disclosure is required by law or by any regulatory authority.

  1. Force majeure

10.1 Neither Party shall be liable towards the other for non-performance or delays in the execution of an obligation under the Agreement, which are due to the occurrence of a force majeure or exculpatory cause such as bad weather, epidemics, floods, fires, blocking of means of transport or supply, natural disasters, acts of public authorities, problems affecting our suppliers, interruption of electrical or telecommunications networks. If the Ordipat services are rendered impossible or more difficult by any of the above circumstances, Ordipat will not be required to pay damages and interest, penalties or other consequences. Obligations Ordipat will then be suspended for the duration of the circumstances involved. If the realization of the ordered services were rendered impossible or significantly more difficult for more than three (3) months, each party would have the right to stop delivery in advance, without this termination will result in payment of a compensation to the other party.

  1. Violations of intellectual property rights and personality

11.1 The Customer warrants that all necessary property rights allowing Ordipat to peacefully perform the service. If the Client acts on behalf of third parties, the Customer warrants that the third party owns all property rights allowing Ordipat to peacefully perform the service. In addition, the Client shall indemnify Ordipat for any damage and expenses incurred due to any claim made against Ordipat by any third party in respect of infringement of property rights or personality that third resulting from the implementation of the benefit by Ordipat.

11.2 The Customer is solely responsible for any infringement of third party rights, including intellectual property rights and personal rights, which may result from the execution of the service by Ordipat. In case of complaints, litigation or litigation regarding a domain name created or maintained by Ordipat, Customer will be solely responsible for the settlement of this conflict. In no way Ordipat will have to intervene in the settlement of a conflict which remains the sole responsibility of the Customer.

  1. termination

12.1 In the event of failure by either party to one or more of its obligations under the General Conditions and the Special Conditions, the creditor part of the unperformed obligation, to another address party a registered letter with acknowledgment of giving notice to perform in two (2) weeks of its obligation.

12.2 In the event that notice shall be void, the creditor part of the unperformed obligation may (without prejudice to other remedies including damages that might arise) notify the other party in immediate termination of right of the contractual relationship without further formality than a registered letter with acknowledgment of receipt.

12.3 Each party may also terminate the contractual relationship, pursuant to the provisions listed above, unless otherwise provided by law, if the other party is subject to a receivership or a bankruptcy or enters into an agreement with creditors or may be deemed insolvent.

12.4 Notwithstanding any termination of the contractual relationship, for any reason whatsoever, Ordipat may retain part of the payments made by the Customer corresponding to the services provided prior to such termination and will include the right to remuneration for all work and all costs incurred up to the termination, and without prejudice to any damages that might claim Ordipat.

  1. Assignment and Subcontracting

13.1 Each party reserves the right to assign, transfer or convey to any third party in any form whatsoever, the rights and obligations arising from any intervention subject to the present. The transferor must first notify this assignment by registered letter with acknowledgment of receipt addressed to the other party, who will oppose it without just cause.

13.2 Ordipat reserves the right to subcontract all or part of the benefit to any third party of its choice. In this case, Ordipat remains the guarantor vis-à-vis the Client for the proper performance of services provided by subcontractors

  1. Litigation

14.1 These Terms are governed by French law.

14.2 Any litigation born between the parts of the formation, interpretation, execution, termination or termination of this contractual relationship will be seeking a friendly settlement between the parties. Failing agreement within a period of one (1) month from the notification of the dispute by one of the parties, the dispute will be submitted to the competent courts of Paris, regardless of the place of performance of the Service the registered office of the defendant and the nature of the proceedings, notwithstanding the plurality of defendants, the Referee or the guarantee call.

  1. General

15.1 In the event of a claim, the Customer may contact the Domain Name Service by email at noc@ordipat.fr . Ordipat agrees to acknowledge receipt within a maximum of 48 hours on business days, apart from weekends and public holidays in France. Ordipat will endeavor to process claims as quickly as possible, without exceeding a period of 10 days.

15.2 Regarding the .UK domain names, if the Customer does not think getting satisfaction following his complaint, he can freely contact Nominet, the registry for .uk extension: here.

15.3 Under the terms hereof, any notification to be made by either party by registered letter will be sent to the other party at its registered office or principal place of business or to such other address as could have been communicated in writing. Except where notification by registered mail is required hereunder, written notice may validly be submitted by mail, fax or email.

15.4 In the event of termination for any reason whatsoever, contractual relationships related hereto, all provisions which by their nature continue beyond the termination of the Agreement shall remain in effect until fulfilled.

15.5 Unless shorter statutory requirement, the Party shall not bring any action of any kind, foundation or conditions whatsoever, resulting from the Agreement, more than three years after the date on which the Applicant was first knew or ought have the knowledge of the facts underlying its action.

15.6 No failure or delay by either party in exercising its rights hereunder shall not be deemed a waiver of such right and no waiver by either party to the dispute any violation of the Terms by the other party shall be deemed a waiver of the defense of any subsequent breach of the Terms or any other provision.

15.7 If any provision of these was found to be void or unenforceable in whole or part by any competent authority, the remaining provisions of the Terms and the remainder of the provision in question would not be affected.

15.8 The fact that one Party does not prevail in the application of any obligation of the General Conditions, either permanently or temporarily, can not be interpreted for the future as a waiver of that Party rights arising from such obligation the non-compliance was tolerated.

15.9 The Terms constitute the entire agreement between the parties concerning the subject matter hereof, except or agreements that the parties might conclude otherwise for further service.

15.10 The General Conditions and the estimate and / or the Agreement are subject to French law. The international Vienna Convention on Contracts for the International Sale of Goods shall not apply to the Contract.

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