Mediation contract for the Registration of Domain Names
Rev: 15-20180621The purpose of this document is to define the Specific Contracting Conditions for the provision of mediation services for domain name registration that will be specified later, and are considered a supplement to the General Contracting Conditions published and in effect at any moment on the website www.dondominio.com. Both these Specific Conditions and the General Contracting Conditions will be expressly and jointly accepted upon contracting the services offered on the website www.dondominio.com. In the event of any discrepancy between these conditions and the general conditions, the specific ones will take precedence.
The General and Specific Conditions, together with additional information about the technical and/or economic characteristics of the product or service contracted by the Client and the Personal Data Protection Policy published on the DonDominio website, constitute a single set that binds the parties.
Identification of the parties subscribing to this agreement.
- On the one hand, the entity SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the trade name “DonDominio”), with N.I.F. no. B57333601 and located at C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain, a Limited Liability Company constituted in Palma de Mallorca before the Notary D. Víctor Alonso-Cuevillas Sayrol, registered in the Mercantile Registry of Baleares, Volume 2120, Folio 0, Book 173, Page PM-50105.
- On the other hand, the contracting party (hereinafter, “Client”), an individual or legal entity who completes the contracting form provided for this purpose on the DonDominio website and who, by doing so, declares to know and freely accept, after being informed of the technical and economic characteristics of the service, the General Contracting Conditions and these Special Conditions.
- These General Conditions may refer to “party” or “parties” to designate individually or jointly DonDominio or the Client.
Definitions.
- Domain Name: set of characters that through the DNS identifies an address (IP) on the Internet. A given server may have more than one Domain Name, but a specific Domain Name is only attributed to one server.
- IP (Internet Protocol): Protocol for communication in a network through switched packets.
- Holder and/or Registrant: individual or legal entity that acquires the right to use the chosen Domain Name granted solely for addressing purposes in the Internet Domain Name system during the term determined by the Competent Registrar.
- Registrar (Registrar): national or international, public or private registration authority or organization authorized by ICANN to manage Domain Names and publish, through WHOIS, the requested information of the holder, contacts, and DNS of the domains it administers. Information about generic domain Registrars: www.icann.org/registrars/accredited-list.html Information about territorial domain Registrars: https://www.icann.org/resources/pages/cctlds/cctlds-en
- Registry: public or private entity authorized by ICANN that manages and maintains the corresponding database for each Top Level Domain.
- DNS (Domain Name System): Domain Name system on the Internet responsible for translating Domain Names into IP addresses.
- Contract: all the clauses included in this document, along with the contracting form, as well as any additional information about the particular service contracted, chosen by the CLIENT, explicitly collected and updated on the DonDominio website (www.dondominio.com), forming a single set that binds the parties. THE REGULATIONS ESTABLISHED BY THE COMPETENT REGISTRARS (for second or third-level Domain Names under the corresponding extension) SHALL BE MANDATORY and, therefore, may condition the way the service is provided by DonDominio; additionally, this regulation will serve as an interpretation for the clauses of this contract in anything that affects them concerning the Domain Name, registration, transfer, conflict resolution, change of ownership, change of registrar, but will not affect the contractual relationship created between DonDominio and the CLIENT.
- IDN (Internationalized Domain Names): Internationalized Domain Names, with multilingual characters from any language, meaning those other than those included in the English alphabet.
- IDN .es: Internet Domain Names under the country code corresponding to Spain (.es) at second and third level with multilingual characters, meaning those of the Spanish languages other than those included in the English alphabet, which are: á, àé, èí, ïó, òú, üñçl·l
- ASCII Code: version of the Domain Name, used globally in the DNS system, consisting of numbers, hyphen, and the letters of the Anglo-Saxon alphabet.
- ACE Code: version of the Domain Name with multilingual characters encoded so that such Domain Name can be used in the DNS system and, preceded by the four-character string “xn--”, contains the multilingual character Domain Name in ASCII format.
- DNS Change: a DNS change is understood as the technical transfer of DNS for a Domain Name.
- Billing Contact: individual or legal entity responsible for the payment of the domain before the corresponding Registrar.
- Administrative Contact: individual or legal entity responsible for managing a domain.
- Technical Contact: individual or legal entity responsible for the operation of the domain's Name Servers.
- ICANN (Internet Corporation for Assigned Names and Numbers): nonprofit corporation formed to assume, among other functions, responsibility for IP address location, protocol assignment, Domain Name and server system direction; in short, to ensure network operation and stability.
- WHOIS: it is an interactive public access tool on the Internet that provides information about the ownership, contact details, and availability of a Domain Name or an IP address.
- Sunrise Period and Landrush Period: consist of different pre-registration periods, determined by the competent Registry depending on the Domain Name. These are periods prior to the final launch of the corresponding Domain Name registration process, during which special rules, also set by the Registry, must be followed at all times by the Domain Name holder.
- Client Area: tool developed by DonDominio assigned to each CLIENT that allows, among other actions, to contract and manage their products, consult issued invoices, update their billing information, access the control panel, and make authenticated requests, so that each order triggers the necessary technical and administrative actions for the development of the required action.
Object.
- The purpose of this document is to define the Specific Contracting Conditions for the provision by DonDominio of the mediation services necessary to request, on behalf of the Client or the designated person, the registration and/or transfer of a second-level Domain Name corresponding to any of the extensions published at any moment on the website Domains, (Hereinafter, "the Extensions"), as well as the way of remuneration of the Client to DonDominio for the service provided.
Policy for registration, transfer, and renewal of domain names.
- DonDominio, under this contract, undertakes to carry out the corresponding procedures, always respecting the rules and deadlines set by each Registry, aimed at the Registration, transfer, and/or renewal of the Domain Name under one of the Extensions chosen by the Client.
- The CLIENT expressly authorizes DonDominio to communicate or transfer the necessary data to the competent authority or entity to carry out the registration, renewal, or transfer of the Domain Name and acknowledges that the granting, transfer, or renewal of such Domain Name is the exclusive and sole responsibility of the Registry or competent body, leaving DonDominio free from any liability in this regard concerning these operations.
- The current regulations applied by each Registry to each of the EXTENSIONS and that will be mandatory for the CLIENT as well as the price to be paid for each of the registrations can be consulted at any time on Domains
- The CLIENT acknowledges that the registration of the Domain Name subject to this contract does not confer any property rights on it, except for using it always respecting the ICANN regulations and the obligations contained in this contract.
- The CLIENT acknowledges that they are solely responsible for the choice of this Domain Name and its subsequent maintenance.
- The CLIENT acknowledges that neither the registration of the Domain Name nor the way it is used, both directly and indirectly, infringes the rights of third parties and that the Domain Name is not being registered for any unlawful present or future use. In this regard, the CLIENT acknowledges that ownership and ultimate responsibility for the use of the Domain Name rests with whomever is listed as the holder of the Domain Name.
- The CLIENT will receive, at the email address specified in the contracting form as a contact address, notification that their request has been successfully made before the competent Registry.
- The CLIENT and/or holder acknowledges and accepts that the operation and functionality of IDNs are in a provisional phase, pending full technological adaptation, and may vary depending on the type of browser and email software used in each case, some of which may require the download of an application that adds this technical feature.
- The holder and/or CLIENT undertakes not to change Registrar within a period of sixty (60) days from the initial registration or the last change of Registrar. In either case, DonDominio does not guarantee the change of Registrar because it is the former Registrar who must provide final authorization.
- If a .lu domain transfer is initiated and it needs to be restarted because it has not been accepted within the deadline indicated by the Registry or has been canceled, an irrecoverable charge of 4 euros for management fees will be made.
- Once a Domain Name is registered or transferred to DonDominio, it will be responsible for renewing them, charging the price determined for that purpose according to the provisions of clause 5 of these Conditions. DonDominio will not be responsible for any failed renewals caused by competent authority issues.
- The CLIENT may mark the domains with the auto-renewal feature from their Client Area. If they have an account balance, domains with this feature activated will be renewed thirty (30) days before their expiration date. It is not possible to cancel a domain renewal once processed.
- Although DonDominio will inform the CLIENT and/or holder of any changes that the competent organizations may make in the characteristics and duration of these periods, the valid information that will govern this point can be consulted on Domains under the information of each of the EXTENSIONS.
- Change of ownership and other Domain Name data: the CLIENT must meet the requirements and carry out the procedures requested by DonDominio, in addition to submitting the necessary documentation according to the indications of the competent Registry.
- By completing the form to register or transfer a Domain Name, change ownership or other data, change registrar, etc., the holder and/or CLIENT of the Domain Name directly consents and authorizes the collection and transfer to the competent body, as well as the processing and publication of the data related to the public information of DonDominio, for themselves, for the technical contact, and for the administrative contact, as required by the competent Registry.
- If the Domain Name holder does not coincide with the CLIENT, it will be the CLIENT's responsibility to obtain consent from the holder for the obligation, among others, referred to in the previous section being ultimately responsible for all the consequences that the failure to comply with this obligation may generate.
- The search for a Domain Name may contain errors as the resulting information is generated electronically from multiple data sources. DonDominio is not responsible in any case for the search results, having a mere informative character.
- The CLIENT acknowledges that DonDominio cannot guarantee that they will obtain the registration of the Domain Name they desire, even if a query indicates that this Domain Name is available at the time of request.
Prices.
- Registration, renewal, and transfer: The prices governing this contract can be consulted at any time on Rates and Volume Discounts. In cases of renewal or transfer, automated or not, of a domain, the price applicable to it will be the one that, at the time of such renewal or transfer, is published on the web.
- Change of ownership and other Domain Name data: In most EXTENSIONS, the price for these procedures is completely free as it is the CLIENT who performs it from their Domain Management Panel, but some Registries have stipulated an additional fee to make a change of ownership (TRADE). If applicable, the CLIENT will be informed in advance, through online communication, of the fee they must pay to make this modification.
- In general, DonDominio reserves the right to review and modify the price amounts stipulated on the www.dondominio.com website and/or contained in these Conditions. To the extent that these variations respond to a possible fluctuation of tariffs derived from changes in DonDominio’s pricing policy or the different Registries, these tariff variations are directly passed on to those shown at any time on www.dondominio.com. In any case, the Client must, before proceeding to register, transfer, or renew any domain, check the price that will be applicable according to the prevailing rate at any time.
- All prices appearing on the DonDominio website mentioned in the different sections of this contract are subject to the corresponding taxes.
Payment method and billing.
- The payment for the services subject to this contract is in advance, and DonDominio will accept the following payment methods:
- Credit/debit card
- PayPal
- Bank Transfer
- The CLIENT will decide, in any case, what payment method they wish to use to make the payment for the registration or renewal of the Domain Name.
- DonDominio will inform of the need for the renewal of the Domain Name to the CLIENT before the expiration date of the Domain Name. If the payment is not made in advance, DonDominio will not be responsible for any loss of the Domain Name that may arise from this fact. If the Domain Name is not renewed within the established period, the CLIENT authorizes DonDominio to execute the deletion request for the Domain Name.
- The data necessary to make the bank transfer to enter an account balance can be checked once registered as a CLIENT in the Client Area > My Data > Insert Account Balance. The account balance via bank transfer or direct debit will not be effective until the bank has confirmed these operations.
- DonDominio will not initiate the corresponding request procedures until it receives the amount for these services through the payment methods indicated in each case.
- DonDominio will issue the corresponding invoice detailing all the concepts that make up that invoice.
- In case of Client's non-payment resulting in a bank return of any charge or direct debit order, DonDominio will charge an additional fee of 3 euros for management expenses if such a charge or direct debit order is reissued. DonDominio will not be responsible if such non-payment results in the non-registration and/or non-renewal of the Domain Name.
- If after prior notice, the CLIENT fails to make their outstanding payment, this will cause the definitive cancellation of the service for breach of contract on their part. This will prevent the CLIENT from contracting new services with DonDominio, the cancellation of their CLIENT account, and all contracted services.
- If the Client requests a refund of their “Account Balance,” a bank transfer will be made, except if it can be refunded by the same payment method used for the insertion, to the account number indicated by the Client, deducting 3 Euros for the management expenses of the refund operation. If “Account Balance” has been consumed and a refund is requested, it will be made 60 days after the last balance insertion date.
- The payment for the services subject to this contract is in advance, and DonDominio will accept the following payment methods:
Entry into force, duration, and extension.
- This contract will enter into force when the service payment requested is made by completing the contracting form and will remain in effect during the year of the selected Domain Name's registration. If the Domain Name is transferred to another registrar, the terms and conditions of this contract will lose their validity.
- In the case of a Domain Name transfer to DonDominio, the year will start counting from the Domain Name's expiration date, which is listed in the WHOIS.
- The service effects subject to this contract, after the year of duration has ended, will be extended, and the renewal procedures will be carried out as long as the CLIENT wishes and pays for the renewal with the notice indicated in clause 6.3 of this contract upon being informed of the expiration date of the Domain Name.
Right of withdrawal.
- In relation to the provisions of the Spanish regulations for consumer and user protection, and Directive 2011/83/EU of the European Parliament and Council of October 25, 2011, the CLIENT is informed, and they expressly accept, that given the characteristics of the contracted services, the personalization of them, and the automated procedures used, there is a simultaneity between the service request and the start of the contract's fulfillment.
- In this regard, once DonDominio has started fulfilling the contract or has completely executed it, the CLIENT will not have the right to opt for the withdrawal from the contract provided for in these norms.
Obligations and Responsibilities.
- DonDominio acts as an intermediary, before the competent organs and the CLIENT (and/or holder), carrying out the appropriate procedures for the registration, transfer, and/or renewal of the Domain Name, as the case may be. DonDominio is not responsible for the chosen Domain Name being effectively registered, even if it is available at the time of concluding this contract. Neither will it be responsible for the renewal being effectively made even when DonDominio has carried out all the appropriate procedures and those established by the competent Registrars.
- DonDominio will only be liable in cases where the registration or renewal is not carried out due to DonDominio's negligent action. In these cases, DonDominio will carry out the appropriate procedures to register another Domain Name requested by the affected holder, or at the CLIENT's request, the amount of money advanced for obtaining this service will be returned. For this reason, the CLIENT and/or Domain Name holder expressly renounces the right to claim any contractual or extra-contractual liability, damages to DonDominio for not obtaining the registration or renewal of the affected Domain Name, without prejudice to the exercise of legal actions that they may be entitled to before the competent body.
- The CLIENT assumes all responsibility that may arise regarding the rights of use of the chosen Domain Name.
- The CLIENT accepts the rules and conditions imposed by all regulatory organizations of Domain Names on the Internet.
- The CLIENT acknowledges that the registration of the Domain Name subject to this contract does not confer any property rights on it, except for its use always respecting the ICANN regulations and the obligations contained in this contract.
- The CLIENT acknowledges that they are solely responsible for the choice of this Domain Name, for its subsequent maintenance, and undertakes not to make any unlawful, present, or future use of the Domain Name to be registered, as well as not to use it to the detriment of third-party rights, exempting DonDominio from any liability arising from these acts.
- DonDominio is not responsible for anything that is solely imputable to the CLIENT and/or holder, nor anything attributable to the action of the competent Registrar, as well as any errors resulting from the registration process.
- If applicable, DonDominio's liability will be limited to the amount of the applicable registration fee at the time of the dispute.
- DonDominio reserves the right to suspend or cancel the Domain Name of the CLIENT and/or holder when it is used to send unsolicited commercial advertising, or if the holder uses the Domain Name to conduct illegal activities, or that in DonDominio's opinion, may incur any liability for it.
- Liability for Contents hosted under the registered domain name. The CLIENT undertakes not to register a Domain Name under which contents that violate the principles established in Article 8 of the Law on Information Society Services and Electronic Commerce (LSSICE); mainly, those that attack the dignity of people and/or are discriminatory concerning race, sex, religion, opinion, nationality, disability, or any other personal or social circumstance.
- In case DonDominio, by itself or at the request of a third party entitled to do so, becomes aware that the contents hosted by the CLIENT under the registered domain name infringe personality rights, intellectual property, industrial property, or any other rights established by the laws, DonDominio, through an email communication sent to the address the CLIENT provides for billing, may require the CLIENT to voluntarily remove them within a maximum period of 24 hours.
- In such a case, and after this period has expired without complying with the requirement, DonDominio will proceed to immediately suspend the necessary service or services, which will not be resumed until the requirement is met in the terms necessary for each case, and the CLIENT may not claim the return of any amount previously paid for the service nor claim any liability from DonDominio for the suspension and, where appropriate, definitive cancellation of the service.
- If the CLIENT and/or holder breaches any of the obligations contained in these specific conditions, DonDominio reserves the right to suspend or cancel the holder's Domain Name.
- DonDominio reserves the right to block, deny, cancel, or transfer any Domain Name as necessary to:
- comply with applicable legislation, with legal requirements, and in compliance with any dispute resolution procedure,
- prevent any civil or criminal liability of DonDominio, the Registrar, the Registry, and their respective employees,
- correct errors made by DonDominio, the Registrar, or the Registry concerning the Domain Name, protect the integrity and stability of DonDominio, the Registrar, and the Registry.
- DonDominio does not guarantee the utility of choosing the Domain Name or any of the extensions offered in Domains for conducting any particular activity.
- If the Domain Name holder is not the CLIENT, the CLIENT must inform them of all obligations that correspond to the holder of the Domain Name and obtain their consent when requested by competent authorities.
- The CLIENT and/or holder, if applicable, of the Domain Name shall comply, at all times, with the requirements set by the corresponding Registry and ICANN, and may not claim damages or compensation from DonDominio due to their non-compliance. If any controversy arises concerning the rights to use the chosen Domain Name, the holder and/or CLIENT, if applicable, agrees to resolve it through the instances and procedures established by the competent Registry as the case may be.
- The CLIENT is obliged to maintain the email address provided in the contracting form operational, active, and updated for communications with DonDominio, as it constitutes the preferred means of communication for DonDominio for the efficient and smooth management of the requested service. If the CLIENT wants to change the email address provided in the contracting form as a contact address, they must do so through the Client Area, with the appropriate authentication measures for such a request, so that communication between the contracting parties is never interrupted. DonDominio will not be responsible for any consequences that may arise from the lack of operation of the CLIENT's contact email address or for not updating the address change that may produce miscommunication that the CLIENT claims due to their negligence in keeping this data active.
- If the CLIENT and holder are not the same person and DonDominio receives a request from the CLIENT and a different one from the holder (duly accredited) concerning the same Domain Name, regardless of the nature of the request, the CLIENT consents and accepts that DonDominio addresses the holder's request since the holder has the right of use and the obligations related to use concerning the competent entities in this matter is the holder.
- The responsibility for using and keeping the Client Area's Login and password falls solely on the CLIENT. The use of these identifiers and their communication, even to third parties, occurs under the sole responsibility of the CLIENT.
- The holder and/or CLIENT, if applicable, authorizes and consents to the competent Registrar contacting the holder annually to verify that all data in the public WHOIS database is correct. In addition, the holder undertakes, if the information in the database is incorrect, to update it as soon as possible since intentionally providing incorrect information constitutes a material breach of the contract and will be grounds for the cancellation of their Domain Name.
- The holder and/or CLIENT must respond within a maximum of fifteen (15) calendar days to any request from the corresponding registrar, related to updating the data provided for the Domain Name registration. If not, their Domain Name may be canceled or deactivated. The CLIENT, by accepting this contract, expressly consents to the sending of invoices related to the contracted service through electronic means, as indicated by current regulations on this matter.
Conflict resolution.
- The CLIENT and/or holder commits to accepting any possible arbitration requirement for the registration of a Domain Name and to being subject to the Domain Name conflict resolution policy approved by ICANN, even in resolving conflicts that may arise during the periods called Sunrise Period and Land Period, referred to as “Sunrise Dispute Resolution Policy” in these cases.
- This regulatory policy for Domain Name conflict resolution (DOMAIN NAME DISPUTE RESOLUTION POLICY) binds this general Domain Names contract and states the Terms and Conditions regarding a conflict between the holder and another party, different from DonDominio about the registration and use of an Internet Domain Name registered by the CLIENT and/or holder.
- The actions will be carried out according to the Uniform Domain Name Dispute Resolution Policy approved on August 26, 1999, by ICANN available at https://www.icann.org/resources/pages/policy-2012-02-25-en, any additional rules of the selected administrative dispute resolution service provider, and, as applicable, any territorial code corresponding to the disputed Domain.
- Neither DonDominio, nor the Registrar, nor the corresponding Registry will be responsible for any damages that may occur if a Domain Name is involved in a conflict resolution process, at both the technical and administrative levels, nor the result of it. DonDominio will not act as an arbitrator for dispute resolutions between the CLIENT and third parties over the use of the Domain Name.
- The CLIENT and/or holder, for the resolution of Domain Name conflicts, according to its regulatory policy, will submit, without prejudice to any other jurisdiction that may apply, to the jurisdiction of the courts of the holder’s domicile (according to the WHOIS data) or the domicile of the registrar's main office.
- This agreement has been written in English and Spanish versions. In case of discrepancies, the Spanish version will prevail.
PERSONAL DATA PROTECTION POLICY.
- Concerning the personal data that the Client provides to DonDominio for the contracting and economic management of the Services and inquiries or communications of any kind related to their management, the Personal Data Protection Policy published at the following link: Privacy Policy will be applicable.
- The personal data provided by the client will be communicated to the competent national or international Registration Authority or body responsible for the registration of the Domain Name in question, as this communication is necessary for executing this contract. For these purposes, the applicant undertakes to keep the information provided updated through the established procedure.
- These Entities will observe the provisions of the General Data Protection Regulation (Regulation EU 679/2016) when handling the client's personal data, using it only for purposes outlined in the rules governing domain name assignment under the corresponding extension and this contract. They are informed that domain name assignment necessarily requires that the applicant's personal data be published in the public access Whois Domain Names Registry Database for each extension accessible via the Internet. With the acceptance of this document, the applicant consents to such communication and processing, including the publication of their personal data in the Whois Domain Names Registry Database for each extension.
- The rights of access, rectification, deletion, and portability of their data and restriction or opposition to their processing can be exercised with DonDominio according to its Personal Data Protection Policy Privacy Policy, or in the case of ".es" domains with the entity Red.es as the person responsible for processing. In this specific case, the rights of cancellation and opposition can only be exercised after renouncing the requested domain name since processing the personal data by Red.es is necessary for assigning and renewing the domain name.
Express acceptance of these Conditions.
- These Specific Conditions, the General Contracting Conditions, the technical service information, and the Personal Data Protection Policy, are embedded in the contracting procedure of the services selected by the CLIENT from DonDominio, which means the full acceptance of their content by subscribing to the services.
- Activating the send button for the contracting request through the DonDominio website confers the status of “CLIENT” and expresses full and unconditional acceptance of the Conditions of Contracting of the Services requested in the version that DonDominio makes available electronically before activating the CONTRACTING button.
- The latest version of the Contracting Conditions for each service is available at the web address Disclaimers and contracts. Before contracting any of the offered Services, carefully read the Contracting Conditions regulating the provision of the Service you wish for, including the technical, operational, and functional characteristics of the Service, as well as the fees to be paid.
- This agreement has been written in English and Spanish versions. In case of discrepancies, the Spanish version will prevail.
Limitation of warranty and liability
- In no case, will DonDominio, nor the corresponding Registries, nor the managers and senior positions, administrators, shareholders, agents, or dependent workers of it incur any liability for directly or indirectly related to the CLIENT's and/or holder's use of the Domain Name.
- The holder of a Domain Name, and subsidiarily the CLIENT, in cases where these figures do not match, agrees to indemnify, defend, and hold harmless DonDominio and the competent Registry, as well as their directors, officers, employees, agents, and affiliates from all claims, damages, liabilities, expenses, etc., including reasonable legal fees and expenses generated or related to the holder's Domain Name registration. This obligation will survive the termination of the contract.
- The parties acknowledge that the enforcement of this contract does not imply any representation, delegation, warranty, or other agreements beyond those expressly described in this contract, and accordingly, all terms, conditions, warranties, or other aspects implied by conventions or general regulation are explicitly excluded up to the limits permitted by law.
SPECIAL RULES.
- For the registration of certain EXTENSIONS of Domain Names, a series of special regulations must be followed, which can be consulted on the specific page of each of the EXTENSIONS in Domains. It is the responsibility of the CLIENT and/or domain holder to inform themselves, know, and comply with these special regulations required for registering certain EXTENSIONS of Domain Names.