General Terms and Conditions

Rapperswil, september 2017

General Terms and Conditions on Domain Privacy
These General Terms and Conditions on Domain Privacy ("GTC Domain Privacy") apply to all domain name services offered by us. By using our domain name services, you accept the following GTC Domain Privacy in full and without alteration.

  • 1. Scope of application and entry into contract
    1.1 The subject of these GTC Domain Privacy is the use of domain name services provided by Swiss Domain Trustee AG ("Swiss Domain Trustee") to its customers (hereinafter called the "Customer") through its partners.
    1.2 The Customer shall select the domain name services to be provided by Swiss Domain Trustee from the range of services existing at the time of use and shall place its binding order to Swiss Domain Trustee with the partner. By placing the order with the partner, the Customer accepts these GTC Domain Privacy, the directives and/or terms and conditions of the respective TLD registry ("GTC Registry") and any potential partners that provide specific services ("GTC Partners"). Swiss Domain Trustee may request the Customer to re-confirm its consent by activating the appropriate checkbox. The Customer acknowledges that the GTC Registry and/or the GTC Partners may change at any time and that these changes are beyond Swiss Domain Trustee`s control. The Customer shall inform itself of any and all changes in the GTC Registry and/or the GTC Partners and shall comply with the GTC Registry and/or GTC Partners, as amended from time to time.
  • 2. Swiss Domain Trustee's services and rights
    2.1 General provisions
    2.1.1 Swiss Domain Trustee offers its customers “Domain Privacy” through partners. Domain Privacy supports customers by ensuring that personal data normally published upon registering a domain is protected from abuse. With Domain Privacy, the WHOIS entry contains, in part or in full, default information from Swiss Domain Trustee instead of the customer’s data, as described in Section 8.1.
    2.1.2 With Domain Privacy, Swiss Domain Trustee serves as the owner of the domain name for external purposes. For Swiss Domain Trustee, the customer is the owner of the domain name, and as such is solely responsible for its use, registration, transfer and renewal. Swiss Domain Trustee allows the customer to use the domain name according to applicable law and these Domain Privacy T&Cs.
    2.1.3 Swiss Domain Trustee shall forward inquiries from third parties concerning the Customer's domain name via e-mail or regular mail to the Customer's e-mail or postal address registered with Swiss Domain Trustee. Swiss Domain Trustee is not obligated to review, edit or reply to the inquiry.
    2.2 Swiss Domain Trustee's right to deny domain name services
    2.2.1 If there is concrete evidence or reasonable suspicion that the Customer does not have the right to use, register or transfer a domain name, Swiss Domain Trustee reserves the right to refuse to provide the service in question at its own discretion.
    2.2.2 If Swiss Domain Trustee discovers that the Customer has misused its domain name services or that the Customer has made any unauthorized use of data and information or Swiss Domain Trustee fears its reputation will be damaged by the use of the Customer's domain name, Swiss Domain Trustee has the right to suspend its services without prior advance notice until the legal and proper status is restored.
    2.2.3 The Customer acknowledges and agrees that certain registries and/or partners reserve the right to order the refusal, change, deletion or transfer of a registration, deny or discontinue its services or temporarily reset or block domain names under special circumstances (e.g., in case of violation of applicable laws, directives, terms and conditions or for technical reasons).
  • 3. The Customer's rights and duties
    3.1 General provisions
    3.1.1 The customer is responsible for compliance with the requirements of Domain Privacy. In particular, the customer undertakes to use the relevant domain name for lawful, unobjectionable purposes, and with due regard to any instructions from Swiss Domain Trustee, these Domain Privacy T&Cs, the T&Cs of the registrar and the T&Cs of partners. The following in particular are not permitted:
    3.1.2 Unlawful use (e.g., violation of rights of Swiss Domain Trustee or third parties, non-compliance with regulatory requirements);
    3.1.3 Making content and/or applications available that violate intellectual property rights (including but not limited to trademarks, copyrights, patents, designs and know-how);
    3.1.4 Discriminatory, offensive, immoral, obscene or otherwise objectionable use;
    3.1.5 Distribution of malware, viruses, Trojans, denial-of-service attacks, etc. to the detriment of software, hardware and data of third parties or to gain access to third-party systems, data, etc.;
    3.1.6 Distribution of spam or junk e-mail, snowball systems, phishing e-mails, frivolous inquiries or similar conduct;
    3.1.7 Unauthorized interception or monitoring of third-party communication and data;
    3.1.8 Disguising or concealing the Customer's identity when communicating with third parties;
    3.1.9 Use that is likely to jeopardize Swiss Domain Trustee's reputation.
    3.2 Duty to provide accurate information
    3.2.1 When ordering and using the services through partners, the Customer is required to provide truthful and transparent information to Swiss Domain Trustee. Swiss Domain Trustee may, at any time and without giving reasons, request the Customer to submit documents, information or proof (e.g., in the event of disputed transfer agreements or unilateral transfer declarations or in case of changes by third parties) that Swiss Domain Trustee can use to verify the accuracy of the information. Swiss Domain Trustee has the right to suspend or deny the services if the Customer fails to submit the appropriate documents, information or proof by the deadline set by Swiss Domain Trustee.
    3.2.2 Moreover, the Customer shall ensure that the customer data recorded in the order (billing and administrative contact person, as well as technical contact person) are current, complete and accurate throughout the registration period. Swiss Domain Trustee shall not have the duty to consider data other than those provided in the order or to make its own enquiries to ensure the accuracy of these data.
    3.2.3 If the customer data (billing and administrative contact details, as well as technical contact details) prove incomplete, inaccurate or not up-to-date, and the Customer fails to fulfill Swiss Domain Trustee's request to correct them within two (2) calendar days, or if the Customer's identity cannot be determined, or if notices from Swiss Domain Trustee to the billing address are undeliverable, Swiss Domain Trustee has the right to terminate the contract without notice.
    3.3 Responsibility for the identification parameters
    3.3.1 Passwords and other identification parameters that Swiss Domain Trustee provides to the Customer are intended for the Customer's personal use only and must be treated confidentially. The Customer itself is fully responsible for the use of the passwords and identification parameters.
    3.4 Acceptance and notification of defects
    3.4.1 The Customer shall examine communications and services provided by Swiss Domain Trustee under these GTC Domain Privacy (hereinafter called "Work Product") for defects upon delivery and shall notify such defects immediately. Acceptance shall be automatically deemed to have taken place if the Customer makes productive use of the Work Product or fails to notify Swiss Domain Trustee of any and all defects, clearly describing the same, in writing (via registered mail or e-mail with subsequent confirmation of receipt by Swiss Domain Trustee) within one (1) business day after the communication is delivered or the Work Product is made available.
  • 4. Invoicing and payment terms
    4.1 The duty to make payments shall begin upon conclusion of the contract.
    4.2 For the selected contractual term, Swiss Domain Trustee shall generally bill the Customer in advance via the partner . The invoice shall be paid by the due date indicated on the same.
  • 5. Default by the Customer
    5.1 If Swiss Domain Trustee has not received the amount billed for the domain name services, it has the right to deny or suspend performance of the respective services until the invoice has been paid.
    5.2 In the event of default by the Customer, Swiss Domain also has the right to charge 8% default interest and, as of the second reminder, to charge reminder fees to cover its costs. Moreover, Swiss Domain Trustee has the right to terminate the services without notice as specified in section 9.4.
  • 6. Warranty
    6.1 Swiss Domain Trustee shall perform the domain name services in a diligent and professional manner subject to its operating resources and the foreseeable requirements and provided that Swiss Domain Trustee is not prevented from doing this by circumstances beyond its control.
    6.2 The Customer must notify Swiss Domain Trustee of any defects in Work Products provided by Swiss Domain Trustee in writing. The report must fulfill the requirements specified in section 3.4 (Notification of Defects) and be made in a timely manner. Swiss Domain Trustee shall correct such defects within a reasonable period of at least 30 days unless Swiss Domain determines, at its own discretion, that an exception requiring a longer correction period applies. If the defects are not reported in a timely manner, the warranty shall not apply.
  • 7. Liability
    7.1 Swiss Domain Trustee and the Customer are liable to each other without limitation for direct and proven losses resulting from wrongful intent or gross negligence. The liability of Swiss Domain Trustee and the Customer for minor negligence and for indirect or consequential losses is expressly excluded.
    7.2 Consequential losses include but are not limited to lost profits, production losses, damage to reputation and data loss, particularly as a result of the incorrect publication of holder data.
    7.3 Swiss Domain Trustee's liability for average or normal negligence is limited to the amount of CHF 100,000.00 per calendar year.
    7.4 Furthermore, any liability of Swiss Domain Trustee for losses resulting from circumstances beyond the control of Swiss Domain Trustee is also excluded, such as typing errors by the Customer, any unlawful registration or transfer of the domain name as well as transmission errors and delays resulting from interruptions in communication networks.
    7.5 Furthermore, Swiss Domain Trustee shall not be liable for damages arising from the failure to forward inquiries from third parties as specified in section 2.1.3.
    7.6 The Customer shall also hold Swiss Domain Trustee or the respective registry and the respective partner, including their respective executives and auxiliary persons, fully harmless against all claims of third parties resulting from any breach of its contractual duties or the unlawful use, registration or transfer of domain names, regardless of the limitation of liability specified in section 7.1. The damage to be compensated shall also include the costs of a proper legal defense of Swiss Domain Trustee or of the respective registry and the respective partner. The Customer shall assist Swiss Domain Trustee and any third parties used by it in any proceedings.
    7.7 The foregoing exclusions and limitations of liability do not apply in case of injury to life, limb or health, nor in the event of mandatory legal provisions.
  • 8. Disclosure of data
    8.1 Swiss Domain Trustee advises the Customer that the Customer must disclose the following (personal) data to Swiss Domain Trustee for purposes of implementing the Contract and for legal reasons and that Swiss Domain Trustee may be required to publish these (personal) data on the Internet (Whois service) in certain circumstances, particularly in the cases included in section 8.3:
    8.1.1 Name of the Customer (holder) of the domain name;
    8.1.2 Full address of the holder of the domain name;
    8.1.3 If the holder of the domain name is a legal entity, general partnership or limited partnership, the names of the individual entrusted with their representation;
    8.1.4 Full address of the technical and administrative contact (including postal and e-mail address, telephone number);
    8.1.5 The registration data pertaining to the relevant domain name and the most recent change to this registration;
    8.1.6 IP address of the activated DNS server;
    8.1.7 Registrar.
    8.2 The Customer grants Swiss Domain Trustee, the respective registry and the respective partner an irrevocable, non-exclusive, non-transferable and royalty-free license to use the data supplied to the respective registration system, insofar as this is necessary for purposes of performing registry services.
    8.3 No later than upon using the services of Swiss Domain Trustee (via partners), the Customer agrees that Swiss Domain Trustee may, at any time, without prior notice and at its own discretion, publish the Customer's data available to it instead of Swiss Domain Trustees's data as the holder data for the domain name in question, in addition to the Customer's name, and may disclose these data to the Registrar, partners, government agencies, courts as well as third parties (e.g. rights holders or their legal representatives). It may, particularly, be necessary to publish or disclose the data without the Customer's consent, in the following cases:
    8.3.1 Based on legal requirements that require Swiss Domain Trustee to publish or disclose the data, at its own discretion;
    8.3.2 Upon request by courts or government agencies;
    8.3.3 Where the use or registration of the domain name violates, as determined at Swiss Domain Trustee's own discretion, any legal or regulatory requirements, any rights of third parties or any requirements of the registry or partners;
    8.3.4 If third parties make any debt claims or other claims to Swiss Domain Trustee concerning the use or registration of the Customer's domain name to the effect that, for instance, the Customer's domain name or the use of the same violates intellectual property rights or other rights of third parties or violates any type of laws or regulations, as respectively determined at Swiss Domain Trustee's own discretion;
    8.3.5 In case a of judgement issued in dispute-settlement proceedings of the registry;
    8.3.6 If the Customer fails to fulfill its duties to Swiss Domain Trustee or the partner;
    8.3.7 In case of the cancellation or termination of the Contract between the Customer and Swiss Domain Trustee or any other type of discontinuation of Swiss Domain Trustee's services to the Customer.
    8.4 Latest by using the services of Swiss Domain Trustee (through partners), the customer agrees that Swiss Domain Trustee may, at any time, without prior notice and at its own discretion, in accordance with the provisions of Section 8.3, instruct the relevant registrar to remove the name server entries for the domain name in question.
  • 9. Contractual term and termination
    9.1 These GTC Domain Privacy shall apply for the entire duration of the use of domain name services by the Customer.
    9.2 The Contract between Swiss Domain Trustee and the Customer regarding domain name services, including these GTC Domain Privacy, shall become effective upon Swiss Domain's acceptance of the Customer's order (cf. section 1.2). Swiss Domain Trustee's acceptance shall become effective upon delivery of the contractual documents to the e-mail address provided by the Customer for contract-related communications, but no later than upon the performance of domain name services for the Customer; the acceptance shall be valid for the period selected in the Customer's order, but no later than the expiration of the registration of the most recent domain name concerned.
    9.3 Either Party may terminate the Contract at the end of the agreed contractual period by giving 30 days prior notice. Termination by the Customer must be given via the partner or in writing via e-mail. Swiss Domain Trustee also has the right to terminate the Contract via e-mail to the e-mail address provided by the Customer for contract-related communications. If notice of termination is not given within the specified termination period, the Contract shall in each case automatically renew for the agreed contractual term.
    9.4 Swiss Domain Trustee has the right to terminate the Contract without notice if it, at its own discretion, suspects that the Customer has violated contractual provisions (including these GTC Domain Privacy) or used services for unlawful purposes, or if Swiss Domain Trustee obtains an official or court request or a communication from the registry, partners or third parties to this effect. In such cases, the Customer must pay Swiss Domain Trustee the fees accruing until the date of ordinary termination, as well as compensation for all additional costs accruing in relation to the termination of the Contract without notice.
    9.5 Moreover, Swiss Domain Trustee may terminate the Contract with the customer without notice if bankruptcy or insolvency proceedings initiated against the Customer or if it otherwise becomes clear that the Customer can no longer meet its payment obligations and the Customer fails to advance the costs for the next contractual period or to provide equivalent security before the expiration of the contractual term.
    9.6 If the Contract is terminated during the contractual term, the Customer has no right to reimbursement of any fee that has already been paid pro rata temporis.
  • 10. Change of Contractual Terms and Conditions
    10.1 Swiss Domain Trustee expressly reserves the right to change the contractual terms and conditions, including these GTC Domain Privacy, at any time. Changes shall be published on Swiss Domain Trustee's website and become effective upon publication.
    10.2 Any and all price increases or service restrictions based, e.g., on regulatory grounds and adversely affecting the Customer during the contractual term shall be announced by Swiss Domain Trustee to the Customer directly or via partners in writing via e-mail. If the Customer does not accept the changes, it has the option to notify Swiss Domain Trustee within 30 days of receipt of the notice via the control panel of the partner and to terminate the Contract at the end of the month. If written notice is not given within this period, the changes shall be deemed to have been accepted by the Customer.
  • 11. Additional provisions
    11.1 The Parties waive the right to offset any claims they may have against each other.
    11.2 The rights and duties arising from these GTC Domain Privacy may not be assigned to a third party except with the written consent of the other Party. Notwithstanding the aforementioned provision, Swiss Domain Trustee has the right to assign the Contract to one of its legal successors or affiliates.
    11.3 These GTC Domain Privacy and any disputes arising from or in connection with the contractual relationship between Swiss Domain Trustee and the Customer are exclusively subject to Swiss law, excluding its conflict-of-law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
    11.4 The ordinary courts of Swiss Domain Trustee's principal place of business shall have exclusive jurisdiction. Alternatively, Swiss Domain Trustee has the right to take legal action against the Customer at its domicile.