Contractual Bases
1. All services offered by the firm are based on the following terms and conditions, the information supplied on Domaigo's website, and other terms and conditions referred to in these conditions.
2. Customer terms and conditions, as well as individual agreements, are only effective if Domaigo has given its explicit authorization.
3. Domaigo has the right to change these terms and conditions, the registration agreement, the terms of usage, and the price listing at any moment. Domaigo is required to notify the client of any changes to the terms and conditions through letter or email.
4. The client is required to read and save these terms and conditions, as well as any appendixes that are relevant to the customer. Domaigo will retain an up-to-date version of these terms and conditions on its websites.
5. The consumer is required to hold his user account details such as the contact information up to date and comprehensive at all times. Domaigo is entitled to check the information or seek evidence, as well as to terminate the account if erroneous or incomplete data is discovered.
6. The customer agrees to receive critical alerts by email from Domaigo. As a result, the email address supplied in the client account must be maintained up to date and reviewed on a frequent basis. Domaigo is not liable if consumers fail to respond to communications sent to the email address given.
7. By initiating an order through Domaigo and/or executing electronic actions, the customer proclaims that he has the right authority to place orders for himself or as a properly authorized representative of his organization and that he agrees to all terms and conditions, contractual terms, and registration agreements.
8. In the case of orders placed on behalf of or in the name of third parties, the client remains Domaigo's exclusive contract partner. Our terms and conditions, contract terms, and general registration rules apply to the third party as well; the customer is obligated to bind the third party to the relevant code of conduct and responsibilities and to pass these terms on to the third party.
Contract
9. The Domaigo webpages serve as an invitation to submit client contract applications. The web pages' content is subject to change without notice. A contract can be formed by Domaigo's written or electronic confirmation of the application, or by the order being fulfilled. The mere usage of the website or confirmations of order reception does not constitute an agreement with Domaigo.
10. If the order is only partially deliverable, the consumer will accept partial delivery as well.
11. The particular agreements will establish the aim of the agreement, as well as the scope and description of services.
12. The consumer must review the order confirmation from Domaigo and notify Domaigo promptly if there are any issues or inaccuracies.
Domain Registration and Hosting Services
13. For the use of services relating to the registration or management of domain names, our domain name registration and management terms (Registration Agreement) apply in addition, as do the registration requirements of QDR or ICANN and the respective registries, which shall be considered part of the agreement.
14. For the usage of hosting or email services, Domaigo's hosting service conditions apply in addition and are considered part of the agreement.
Contract Duration and Termination
15. The length of a service is determined by the accounting periods specified in the relevant agreements. Unless otherwise negotiated or specified in the service description, all services have a standard period of 12 months.
16. Unless otherwise specified, agreements having a minimum duration of 12 months are automatically renewed for another 12 months if they are not cancelled with a notice period of three months prior to the expiry date.
17. Agreements having a length of less than 12 months will be automatically renewed by their respective minimum term until cancelled with a notice period of one month before the expiry date, unless otherwise agreed.
18. Upon prior notification by Domaigo, services that are now provided free of charge may be suspended or become charged at any time, provided Domaigo also offers the client a right of special termination.
19. Both parties have the right to cancel the contract for compelling reasons. An essential motive for Domaigo is notably thought to exist when the consumer is;
- In the event of a delay in submitting the fee of one Annual charge for contracts with a minimum length or where a specific duration time period has been agreed upon.
- In a delay of more than 30 calendar days in making payment for contracts with an unknown term.
- Knowingly breaching the contract or these terms and conditions.
- using the related service clearly infringing on legitimate rights.
- Despite receiving a warning, does not adjust their usage of the service in such a way that they fulfil the standards defined in the terms and conditions; or acting knowingly or negligently in violation of the terms and conditions of the agreement or the registries' registration policies (if applicable).
In the following circumstances, the consumer forfeits all rights to the service.
20. The client will be notified through email of the need to pay the renewal costs prior to the end of the contractual period. If payment is not received at least three days before the expiration date, the client forfeits all rights to the service's performance.
21. If the client does not cancel the contract on time and has identified his payment method as credit card or bank debit and supplied current and valid payment details, the due amount will be charged automatically 10 days before the contract expires and the agreement will be renewed accordingly. The same is true if the consumer has enough dollars or credit in his account.
22. If a service is terminated prematurely, no prorated reimbursement of the consideration is made for the remaining period unless the termination is caused by Domaigo culpably or via gross negligence without legal foundation. This also applies to extra booked services or services, as well as termination for cause and termination owing to binding rulings in domain name disputes.
23. Cancellation notices are only accepted in writing, which includes emails and faxes.
Pricing
24. Prices for Domaigo services and third-party services mediated by Domaigo are disclosed on the websites without engagement; these prices are subject to change at any moment. This is also valid for free services.
25. Prices are only applicable for the real price on the day of contract completion or contract renewal.
Payment
26. Payment can be done through a bank debit order from any bank, a credit card (VISA or Mastercard), a wire transfer, or by mailing a cheque made payable to Domaigo. Domaigo retains the right to limit the payment options accessible on an individual basis.
27. Unless another payment date is agreed upon, usage-based fees are due immediately upon billing. Other fees must be paid by the consumer in advance.
28. Execution of the tasks will begin only after a successful credit card payment, direct debit, or payments by check or bank transfer, the amount is introduced to Domaigo's account upon receipt of the money. The consumer is responsible for any transaction expenses. Until complete payment is received, the customer has no right to fulfilment.
29. If the client fails to submit payment by the due date notwithstanding Domaigo's reminder, he is in default. In all other respects, the statutory default regulations apply.
30. Customer accepts that if payments are not made or are not made in whole, or if there is a chargeback by their bank or credit card company, credit card fraud, or any other reversed payment, he will lose all rights to the service.
31. Unless an alternative process is agreed upon, invoices are published in the customer's account and delivered by e-mail.
32. Payments for services are also non-refundable in the event of service outages caused by force majeure or other factors beyond Domaigo's control.
33. Prepayments for services that could not be performed will be credited to the client account and can be returned at any time, or they will be utilized automatically for open orders for which no payment has been made. This reimbursement will be paid for entirely by the consumer.
34. If a client denies a bank debit or the bank denies it due to insufficient money, or a chargeback is launched for whatever reason, the consumer is accountable for the bank's fees. Furthermore, the client irrevocably allows his bank to send the customer's name and address to Domaigo or their representatives.
35. Domaigo has the right to seek reimbursement for any costs spent as a result of a justified late payment reminder. Domaigo also has the right to discontinue all services without notice following an unsuccessful reminder and to prevent the customer's access to his account (s).
36. The client may only balance his own claims against Domaigo's claims if Domaigo has approved these claims in writing.
37. In the event of a payment default, Domaigo may levy an annual fee to reimburse License expenses.
Liability
38. As a condition of accessing and using Domaigo's services, the customer agrees to defend, indemnify, save, and hold harmless Domaigo agents, partners, QDR, ICANN, the respective central registry, and all persons involved in the rendering of the Service from all claims, demands, liabilities, costs, and/or expenses resulting from illegal use of the service, of the domain name registered by the customer, or the content provided on a Regis. In the case of a claim, the customer has the right to demonstrate to Domaigo that claims in the context of the exemption did not occur to the amount required or at all, and/or that the customer is not liable.
39. Neither Domaigo, its agents, partners, QDR, ICANN, the respective central registry, nor any other person involved in the provision of the service will be liable to the customer or any third party for any direct or indirect loss of profits, earnings, or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service hereunder due to Force Majeure, or governmental acts or directives, strikes, riots, or war, any natural disaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Domaigo reasonable control.
40. Despite any agreed-upon deadlines and dates, Domaigo cannot be held accountable for service delays and server downtimes caused by force majeure, the fault of third parties, or circumstances over which Domaigo has no control. Domaigo is entitled to postpone the supply of services and/or deliveries for the length of the disruption plus an acceptable beginning time. Furthermore, Domaigo may restrict access to the service if the operation's stability and security, as well as the preservation of network integrity, particularly the avoidance of major disruptions to the network, software, or stored data, need such action. Domaigo is not required to examine or monitor the customer's usage of the service to guarantee its legality.
41. The client commits to maintain any passwords and access data obtained from Domaigo for access to our services confidential and to notify Domaigo immediately if he becomes aware of any unauthorized persons getting access to these passwords. The client agrees that he is liable for any orders or statements issued using his user identification and accepts the risk of unauthorized use of his access data. If unauthorized third parties use Domaigo services while the user is logged in, the client is liable for any fees and damages. Domaigo may restrict account access if there is cause to believe it is being used by unauthorized individuals. Domaigo will promptly notify the customer of any such action.
42. In the case of permitted third-party use or resale of Domaigo products and services to third parties, the customer is liable for any claims resulting from breaches of the contract terms by the third party and shall indemnify Domaigo in full from all claims resulting from third-party use of the service.
Protection of Data
43. The storing, processing, and use of the customer's personal data is required in order to provide the services. This is done in accordance with the relevant data protection requirements. Additional information is provided in the QDR and Domaigo data protection guidelines, which are regarded to be part of these terms and conditions. Final Clauses
44. If any part of these terms and conditions is or becomes unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these Terms and Conditions unenforceable or invalid in their entirety. Any provision determined to be unenforceable or invalid shall be replaced by provisions that are valid and enforceable and, in an economic and legal sense, closest to the original objectives and intents of the original provisions that the parties would have agreed upon had they known of the invalidity at the time of the agreement. Domaigo shall, to the greatest degree legally feasible, replace the provision.
