Please read the above Terms and Conditions very carefully! If you make an order you accept the following Agreement:
DOMAIN TERMS AND CONDITIONS
1. The present Domain General Terms and Conditions (hereinafter referred to as "General Terms") shall be considered as the part of each separate agreement concluded by and between the Domman Internet Kft. and any other party (the separate agreements, the present General Terms and any additional attachments hereinafter jointly referred to as "present Agreement" or the "Agreement").
2. In the present General Terms regarding DomMan Internet Ltd. (address: 1037 Budapest, Csillaghegyi út 9.
Company reg. no.: 01 09 985221 VAT ID: 23932209-2-41) shall be considered as registrar (hereinafter referred to as "Registrar"). Registrar provides, besides services related to domain names, so-called hosting service in case and under conditions of http://www.domman.hu/en/resellers/about-us/terms-and-conditions/. The provisions of this Agreement with regard to domain services also apply mutatis mutandis to the hosting service as well.
3. The Registrar publishes the present General Terms and all amendments thereto under "General Terms and Conditions" on the website www.domman.hu. The present General Terms was drafted on the base of the regulations of domain registry organizations (hereinafter referred to as "Registry organization") In case any contractual provision is contrary to any provision of such regulations, instead of the conflicting provision of the General Terms, the provision of the Registry organization published on the website thereof shall apply.
4. The Registrar may at any time unilaterally amend the General Terms. The Registrar shall publish the amendments of the General Terms, on the web continuously for at least 60 (sixty) days, prior to their entry into force. If the Claimant did not object amendments in writing within 15 (fifteen) days from the first day of the publication on the web, they shall be considered to be accepted thereby, and hereafter may not raise an objection against the amendments. In justified cases - particularly but not exclusively when thus domain name registration in bad faith can be prevented - the Registrar may amend the General Terms without publishing the amendment prior to its entering into force. In this case the amendment shall enter into force when the Registrar publishes it on the www.domman.hu website. All such amendments shall prevail regarding all domain names handled by the Registrar or applications submitted to it.
5. The Registrar shall perform the delegation of the domain names on the base of the application forms (hereinafter referred to as "Application form"), which can be downloaded from the website www.domman.hu, duly completed and signed by the claimant (hereinafter referred to as "Claimant") and sent to the Registrar. The Application Form shall be considered as duly completed if the Claimant or the person signing the application form in the name and on behalf of the Claimant and his signature can be authentically identified and on the base of the application and its annexes (hereinafter "Application") the compliance of the application and annexes can be established without further documents and investigation. In case of involvement of agents, the authorization given by the Claimant in conclusive document with full evidentiary force or in official document must be submitted to the Registrar. If the Claimant implements any changes of the conditions indicated in the Application form without prior conciliation and prior written consent of the Registrar, such change shall be considered void.6. The Claimant instructs the Registrar with the signing and submitting the Application form in accordance with the Application Form to delegate and reserve the domain (the Registrar and the Claimant hereinafter jointly referred to as "Parties" and individually "Party", the order is hereinafter referred to as "Contract of services"). The order shall commence on the day of the registration, transfer, assignment or reactivation and shall expire with the expiration of the years following the year of the registration for which the Claimant submitted his Application and paid and on the month and day identical with the month and day of the application. The condition of coming into force of the Contract of services is the payment of the total amount of the service fees. The Registrar shall publish the notification pursuant to Article 3 of the Government edict 17/1999. II (5) on distance contracts on the website. The Claimant may rescind the Contract within 8 (eight) working days without justification pursuant to Article 4 of the Government edict 17/1999. II (5) on distance contracts. The Claimant may practice his right to rescind the contract by sending his written statement on rescission to DomMan's e-mail address or by post to the following address: H-1037 Budapest, Csillaghegyi út 9.. The term for the rescission commences on the date when the contract is concluded. If the Claimant has not received the written confirmation pursuant to Article 3 of the Government edict 17/1999. II (5) on distance contracts from the Registrar by that date, the Claimant may practice his right to rescind the contract within 8 (eight) working days from the receipt thereof but within three (3) months from the conclusion of the contract at the very latest. If the written confirmation is received within three (3) months from the conclusion of the contract, the Claimant may practice his right to rescind the contract within 8 (eight) working days even if less than eight (8) days remain from the three (3) months calculated from the conclusion of the contract. In case of rescission the Registrar is obliged to refund the amount paid by the Claimant without delay but not later than within 30 (thirty) days from the rescission of the contract. The Claimant may not exercise the right of rescission if the Registrar has commenced the fulfillment with the consent of the Claimant prior to the expiration of the deadline for rescission. As long as the domain registration is in the "ordered" status, Claimant may rescind the Contract without justification. However, if the order is paid, and invoiced, fulfilled, even if it has happened within 8 (eight) working days, the Claimant may not exercise the right of rescission thereafter. If Claimant rescinds the present Contract after that date, the Claimant shall pay costs related to the restitution of the domain, i.e cost and administrative fee paid by the Registrar to the Registry organization.
7. The Claimant represents and warrants that the contact persons indicated in the Application have given their consent that their data can be handled by contributors in domain registration and delegation and to the publication of the data of the administrative contact person. The Claimant shall warrant the authenticity of the application form, has full responsibility therefor. If any registered data of the Claimant changes, the Claimant shall request data change within 15 (fifteen) days from the change of data. If the Claimant fails to do so, the Registrar may terminate the reservation of domain. The Application The Claimant shall only be responsible for the damages due to the incomplete, incorrect, ambiguous, contradictory or illegible filling of the Application form.8. If a data due reasons attributable to the Registrar fails to meet the Application or the reality, the Registrar is liable for the amount invoiced thereby and paid thereto in case the error or the deficiency can not be fixed,. The Claimant acknowledges this expressly and irrevocably and accepts, and furthermore, declares that he raises no claims exceeding the amount indicated in the present clause against the Registrar in such a case.
9. The Registrar is entitled to refuse the correct requests, in case
a) the Registrar suspects with reason that the Application or the assumed use of the claimed name is against the law or violates domain registration rules or other legally binding provisions or is contrary to the public interest or seriously harm legitimate private interests (in such a way that serious harm caused to a third party is more severe than the refusal to the Claimant), or
b) it may be concluded from the practice of the proceeding forum or on any other grounds with reason that the Application may result a lawsuit, or
c) the Claimant or a person acting on behalf of the Claimant has overdue debt towards the Registrar.
Registrar, besides cases indicated in the above points a)-c), is entitled to refuse domain application from other reasons as well.
The Registrar shall notify the Claimant of the refusal of the domain application in writing. Registrar shall not justify the refusal of the domain application.
11. The accounts shall be settled in a way and within the deadline specified in the absence of another agreement. Invoices, performance and payment notice issued for the Claimant, or the Defrayer notice not objected within 15 (fifteen) days shall be deemed accepted.
12. The Claimant shall immediately notify the Registrar, if the Claimant has payment difficulties or delays in payment can be expected, particularly if bankruptcy or liquidation proceedings have been initiated against the Claimant or the dissolution of the Claimant has been decided. In the event of the failure of the notification, the person or persons signing the Contract of service on behalf of the Claimant has or have joint and several liability. The Registrar shall be notified in these cases only by registered mail.
13. In specific cases the Claimant is entitled for various discounts from the fees paid for domain services of the Registrar to be used. The exact terms of the use of the discounts can be found at [link]. The discount [Amount limit, percentage, other rate-determination] may only be used in case of open of a so-called. virtual account (hereinafter referred to as "Virtual Account") by the Registrar. The technical criteria for the open of a virtual account are accessible here [link]. The amount to be placed on the Virtual Account shall be determined by the Parties in the Contract of services. The amount to be placed on the Virtual Account shall be in the custody of the Registrar and the Registrar may use it in the following cases:
a) if the Claimant has overdue debt towards the Registrar, the amount to be placed on the Virtual Account shall considered as security, from which the Registrar may satisfy his fee claim towards the Claimant up to the amount of the claim. The Registrar may satisfy his claim from day following the expiry of the payment deadline of the claim. The Registrar shall notify the Claimant of the use as security within 1 (one) working day from the use in writing. If the Claimant partly of fully settles his debt after the use as security the paid amount is credit on the Virtual Account, and the provisions of this section shall prevail in respect of the management, use and accounting of the paid amount. After the satisfaction of the Registrar’s claims regarding overdue debts the remaining amount on the Virtual Account shall be considered as earnest money pursuant to the provisions of the following point b). In case of overdue debt, the claim regarding the default interest on the claim calculated according to the present General Terms may also be satisfied from the amount placed on the Virtual Account in accordance with the present point a).
b) In case the Claimant has no overdue debt towards the Registrar, the amount placed on the Virtual Account shall be considered as earnest money for the partial or full payment of the consideration for further domain services indicated in the Contract of service and due later on. A specific written agreement of the Parties (primarily the Contract of service) shall define in which extent the amount placed on the Virtual Account may be considered as earnest money with respect to specific domain services.
The Registrar is not obliged to pay interest to the Claimant on the amount placed on the Virtual Account.
The fee of the domain service includes the cost of custodianship of the Registrar.
The amount placed on the Virtual Account shall be refunded to the Claimant in case of the termination of the present Agreement for any reason, within 8 (eight) days from the termination date of, in case of an overdue debt pursuant to the above point a) lessened with the amount of the debt increased with eventual interest.
14. If the invoice sent to the address indicated in the Application form is not settled by the Defrayer or Claimant after registration within the payment deadline indicated therein, the Defrayer/ Claimant is no longer entitled to any of the Registrars discount offered on the website www.domman.hu.
15. Any increase of the fee or cost of charges made by the Registrar after the registration of the domain may be devolved on the Claimant.
16. The Registrar is entitled for the twofold of the central bank interest as default interest for each day of default in case the payment is not settled fully or just party in due time. The interest and costs of collection shall be borne by the Claimant.
17. If the registration cannot be commenced within 2 (two) months from the receipt of the Application form due to failure of the Claimant (non-payment, incomplete, incorrect data, or information, etc), the Application shall be considered by Registrar as withdrawn.
18. The Claimant may request the Registrar the extension of the domain reservation prior to the expiry of the domain reservation term. The Registrar shall notify the Claimant of the expiry date, the possibility of extension and essential conditions thereof at least 60 (sixty) days prior to the expiry date. The extension request shall be submitted primarily, via the application form at [ ] menu item of the website www.domman.hu to the Registrar at least fifteen (15) days prior to the expiry date in writing. The condition of the extension is the payment of the full lump sum reservation fee to the Registrar regarding the extended period. The assignment for domain reservation is automatically terminated on the expiration date without the extension. In such a case the Registrar has no liability in relation to the termination.
19. In case of overdue debts, the Registrar may terminate the reservation of all the domains of the Claimant with immediate effect. In this case, the termination must be justified. The Registrar of shall send the termination to the Claimant or the Defrayer or Administrator of the Claimant or the Contact person of the Defrayer by letter dispatched by post or electronically signed e-mail in writing. A notice shall be published in any case by the Registrar on the Registry organization‘s website.
The Claimant is entitled to terminate the Contract of service, without justification, with 30 (thirty) days notice in writing in the form of conclusive document with full evidentiary force. At the expiry of the period of notice the delegation is terminated and registered domain names affected by the termination shall be deleted.
The Registrar may terminate the Agreement or withdraw the Application form, suspend delegation, cancel reservation in case of serious breaches of contract of the Claimant, including the non-payment within the deadline or provision of false information as well.
This Agreement is terminated, even if the Application was rejected, or its delegation meets any obstacle, which cannot be solved without debate.
The present Agreement may cease to exist, besides the event of termination, with the termination of any of the Parties without successor (in case of private person Claimant with his death), in the form of a written agreement including the mutual understanding of the Parties or on the base of indication stipulated in a final court decision as a guide.
The terminations and withdrawals shall be handled by the Registrar within three (3) working days from the receipt thereof.
In case of force majeure the Agreement is terminated as well.
The present Agreement, in case of more Applications, with the separation of the termination reasons of each case – may cease to exist or be terminated with regard to the separate Applications.
21. Claimant may assign his rights and obligations under this Agreement to another person. Condition of the validity of the assignment is that to the new Claimant replacing Claimant shall accept the provisions of the present Agreement in writing as legally binding, and that the Registrar shall give its consent in advance in writing.
22. If the domain name requested or intended to be preregistered by the Claimant is finally not registered, the Claimant is entitled to choose another name instead thereof upon the written proposal of the Registrar. The Registrar shall refund the fee already paid by the Claimant with regard to the application to the Claimant, if the Claimant fails to inform the Registrar in writing of another name chosen within 60 (sixty) days from the proposal indicated in the present section, or if the Claimant notifies the Registrar in writing that he does not want to choose another name. The Application already issued with the purpose of registration may only be amended upon the joint request of the Claimant and the Registrar.23. The management order of the domain application, delegation, and reservation and other procedures related to domain services shall be determined by the Registrar and the Registry organization. The Claimant shall handle the administration regarding to the supply of the documents requested by the Registry organization. The Registrar has no responsibility in this regard apart from the obligation to information.
24. If the Registrar notices that the Application is incomplete or contrary to the rules of the governing domain registration and if the Registrar can not complete or correct the default or error in its sole discretion, on the base of the available data, information can not be replaced or repaired the Registrar shall notify the Claimant thereof in writing, who shall provide the necessary data and information in writing to the Registrar within the deadline given by the Registrar in order to make the necessary correction and amendment of the Application within the prescribed deadline. The Claimant shall only be liable for the eventual damages resulting from the lack thereof.
25. The Claimant applies for the domain delegation at his own risk. The Registrar is not liable for the eventual direct or indirect damages resulting from domain delegation or the rejection, termination, suspension or withdrawal thereof. The Claimant shall only be liable for the selection, meaning, use of the requested domain name and their consequences. The Registrar is not obliged to control the chosen name and check the legality thereof. If a third party intends to enforce any claims in connection therewith any claim against the Registrar, to enforce any claim, the Claimant shall be directly responsible for the satisfaction of the claim of the third person.
The Claimant shall be directly liable for the direct or indirect damages resulting from the violation of the provisions of the present Agreement or any legally binding regulation in connection thereto or the failure to comply therewith, unless the damages are attributable to the proved fault of Registrar without any doubt.
26. The Claimant shall exempt the Registrar, the Registry organization and, if a reseller is involved, the Reseller from costs and damages arising in connection with or resulting from lawsuit, damage or claim in connection with the delegated domain, the delegation and registration procedure, the chose, meaning or use of the domain name, and shall protect the interests of the Registrar, the Registry organization and, if a reseller is involved, the Reseller. The Claimant declares that he acted in the course of choosing the domain name with the highest possible diligence and warrants the choice and use of the domain name do not conflict the rights of third parties. If the Claimant notices such breach of law, he shall resign from the conflicting domain name and choose another name. The Claimant is aware that the company registries and the E-register of the Hungarian Intellectual Property Office are public and accessible to anyone.
27. The domain shall be delegated according to the contract concluded by and between the Registrar and the Registry organization. If the Registry organization diverges from this contract, the Registrar is not responsible for the divergence and damage resulting therefrom. In order to find remedy for the situation caused by the divergence the Registrar shall take all the necessary steps according to is obligation to ameliorate the damage.
28. The primary means of communication between the Claimant and the Registrar shall be the electronic correspondence. In the absence of other written agreement or obligation set forth in legally binding regulation, the Registrar, is not obliged to provide information to the Claimant other than via electronic correspondence. Written notices shall be considered as successfully delivered at the time of delivery in case of personal delivery, at the time indicated in the confirmation of the successful sending in case of notification via fax, at the time of receipt in case of notification via registered mail or in case the delivery was unsuccessful due to any reason, on the 5th (fifth) day following the first attempt of delivery, at the arrival of the email on the server of the addressee party in case of electronic correspondence.
30. The Registrar undertakes responsibility for the fee paid by the Claimant in case of defective of delayed performance and in the absence of other written agreements or specific written undertaking of responsibility. The Registrar disclaims all liability for damages due to force majeure, the amendment of the relevant domain registration rules and legislation, as well as damages due the termination of the Registry organization and the registration system without legal successor. The Registrar and the Registry organization shall have no liability for the activities of the legislature.
31. The Registrar may transfer the ongoing Applications and the reservation of the domains reserved thereby to a registrar successor appointed thereby or to a new registrar, in a way that this Agreement shall remain in effect without any change.
33. In the absence of special agreement the Registrar generally submits Applications for domain name in the order of receipt to the Registry.
34. In the absence of other agreement the delegation is for a fix period of time at the charge of the fee. The delegation ceases to exist, if it is terminated by the Claimant or it governing domain registration regulations or this Agreement.
35. The Registrar shall terminate the delegation upon such request of the Claimant. If the Claimant does not submit such request to the Registrar do so for not submitting a written request to Registrar, the delegation of is maintained in accordance with the domain registration regulations.
Provisions of the registration of domain names under .hu ccTLD
36. By signing and sending the Application form the Claimant confirms that he is acquainted with the Domain Registration Rules: http://www.domain.hu/domain/English/szabalyzat/szabalyzat.html (the "Rules") pertaining to the applied domain name accepts the Rules as legally binding and comply with them.
37. The Claimant shall subject himself to the decision of the decision-maker defined in the Rules and accepts his decision regarding any issues related to the choice, application, delegation and reservation of the domain name and any dispute related to the Contract of service and the compliance with the Rules. In other issues arising between the Parties to the Treaty in connection with the Contract of service the Parties submit themselves to the decision of the Alternative Dispute Resolution.
Provisions of the registration of domain names under .eu TLD38. With the acceptance of the Application form the Registrar undertakes to have the applied domain name delegated to the Claimant with the EURid Registry as Registry office (hereinafter "Registry office") according to the present Agreement, if the Claimant applies therefor as specified in the present Agreement, and if the Registry office delegates the domain name to the Claimant.
39. For the settlement the disputes in connection with the chosen domain name, the Claimant accepts the decisions of the bodies specified in the EURid guidelines ("Registration Guidelines for .Eu Domain Name", hereinafter referred to as "Registration Guidelines") www.eurid.eu/files/trm_con_EN.pdf.
40. The Registrar may delete, withdraw or reject the Application submitted to the Registry office but not delegated within 90 (ninety) days by the Registry office.41. The Registrar subjects itself to the court of arbitration appointed for the dispute settlement in the event of a dispute related to a domain name. The Registrar is not liable for the actions and procedure of the court. The link to the provisions of the dispute settlement: http://www.arbcourt.cz/adreu/.
Provisions of the registration of domain names under gTLDs (.com, .net, org, .info, .biz etc. terminal domain names)
42. A delegation is provided by various registry service providers - VeriSign Inc. (Mountain View, California, USA) for .Com and .Net top-level domains, the .ORG, The Public Interest Registry (1775 Wiehl Avenue, Suite 200, Reston, VA 20190, USA). for .Org top-level domains, the NEUSTART, Inc. (Corporate Headquarters, 46000 Center Oak Plaza, Sterling, VA 20166, USA) for the .biz top-level domain, the Afilias Limited ( Office 107, 3013 Lake Drive, West Dublin 24, Ireland) for the .info top level domains – as the determining bodies of the registry procedures applying to the above domains (hereinafter referred to as "Registry service providers") via the reseller - the iDotz.net / BRS Media Inc. (BRS Media, Inc., 55 New Montgomery St. Suite 622, San Francisco, CA 94105-3432, USA) as the partner of the registrars Key-Systems GmbH (Prager Ring 4-12, Gebäude 5, 66482 Zweibrücken, Germany) and 1API GmbH (1API GmbH, Talstraße 27 , 66424 Homburg, Germany) accredited by the CANN - (hereinafter referred to as "Reseller"). The domain shall be in accordance with the domain registration regulations of the Reseller, which are accessible at www.idotz.net/policy.cfm, www.idotz.net/dispute.cfm, and www.idotz.net/privacy.cfm (hereinafter referred to as "Reseller Regulations"). If the Application fails to comply with them, Registrar shall reject the Application The Claimant declares to be acquainted with the Reseller Regulations, understood and accepted them as legally binding.
43. The Claimant declares to accept the decisions of the Registry service providers, the Reseller and the Registrar in the matter whether a domain name can be delegated.
Provisions of the registration of ccTLDs (national domains)
44. With regard to the national domains the domain registration regulations of the specific countries shall prevail. The Registrar is only liable for the selection of the registrars acting in specific countries and the transmission of the communications, declarations, requests, and questions made by these registrars and, if necessary, by the Claimant. The Claimant shall acquaint himself with the domain registration regulations prevailing in the specific countries on the "NIC" (Network Information Center) websites (the www.nic.at website in case of Austria) of the specific countries.
45. The Claimant gives his consent to the Registry organization, the Reseller and the Registry service providers to handle publicly any information provided in the Application form according to the Internet registration customs, and declares that he has the consent of persons indicated in the Application form needed for the above, and furthermore, gives his consent to the Registry organization to publish the fact of any lawsuit in connection with the application.
47. The Claimant declares to be fully acquainted with the regulations of the domain application and use and the present General Terms and understood and accepted them and acknowledged that he is responsible for the protection and the regular control of the operability of the domain and extension of the reservation.48. In the issues not covered by the present Agreement the regulations referred to in the present Agreement and the provisions of the Hungarian Civil Code shall prevail.