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Terms & Conditions
The KSregistry GmbH makes individual contractual arrangements with each customer. The below terms and conditions of KSregistry GmbH are to be regarded as complementary to these.
Terms and Conditions
December
2012
1. Contractual bases
1. All services of the company KSregistry GmbH –
in the following KSregistry or KS – are provided on the basis of these terms and conditions, the information provided on the website of KSregistry and other terms and conditions referred to in
these conditions.
2. Customers terms and conditions as well as individual agreements are only valid if KSregistry has provided
their consent in written form.
3. KSregistry may modify these terms and conditions, the registration agreement, the terms of use and the price lists at any point in time. KSregistry is obliged to inform the customer of the terms and conditions change by mail or email unless such notification requires unreasonable efforts. The customer may object to these modifications within 14 days starting from the notification.Should the customer object, KSregistry may terminate the agreementwithin 14 days or, at our choice, at the next possible termination
date. The new terms and conditions are accepted by the customer if the customer does not object.
4. The customer is obliged to review and save theseterms and conditions, as well as the respective appendixes which are relevant to the customer. KSregistry will keep a current version of these terms and conditions available on their websites.
5. The customer undertakes to maintain complete and accurate contact information in his user account at all times. KSregistry is authorized to verify the information or to requestevidence and to terminate the account upon detection of incorrect or incomplete data.
6. The customer agrees to KSregistry sending important notifications by email. The email address entered in the customer account must therefore be kept current and checked at regular intervals. KSregistry is not responsible for customers nottaking notice of messages sent to the email address provided by thecustomer.
7. By initiating an order through KSregistry and/or by executing electronic actions the customer declares that he has the proper authority to place orders either for himself or as properly authorized representative of his organisation and that he agrees to the terms and conditions, contractual terms and registration
agreements in all parts.
8. In case of orders for or in the name of third parties, the customer remains the only contract partner of
KSregistry. Our terms and conditions, contract terms and general registration rules shall also apply to the third party; the customer is obliged to bind the third party to abides by the required code of conduct and duties and pass on these terms to the third party.
2. Contract
1. The KSregistry webpages constitute an invitation for customer contract applications. The content of the webpages is subject to change without notice. A contract can be concluded by either written or electronic confirmation of the application by KSregistry or by fulfilment of the order. Mere use of the website or confirmations of receipt of an order shall not result in an agreement with KSregistry.
2. In case the order is only partially deliverable, then the customer will also accept partial delivery.
3. The object of the agreement and scope an description of services shall be defined by the specific agreements.
4. The customer is obliged to check the order confirmation from KSregistry and must contact KSregistry immediately in case of errors or mistakes.
5. The right to withdrawal and to return in case of distance selling agreements (§ 312 BGB) is excluded for contracts to supply goods, which are manufactured according to customer specifications or clearly tailored to personal needs, as well as services where KSregistry has immediately begun at the request of the or where the value is already accrued to the customer. The customer agrees that KSregistry immediately shall immediately begin with the performance of the order or service. Such customized service is especially the case with the registration of individually specified according to customer requirements of the domain name. In addition, we refer to our informations on the right of withdrawal.
3. Domain and hosting services
1. For the use of services relating to the registration or management of domain names our registration and management terms for domain names (Registration Agreement) additionally apply as well as, if applicable, the registration requirements of ICANN and the respective registries which shall be considered part of the agreement..
2. For the use of hosting or email services the hosting service terms of KSregistry additionally apply and shall be considered a part of the agreement.
Duration of contract and termination
1. The term of a service follows the accounting periods laid down in the specific agreements. Unless otherwise agreed or if the service description indicates otherwise, a standard term of 12 months applies to all services.
2. Agreements with a minimum term of 12 months are automatically renewed for another 12 months if they are not terminated with a notice period of 3 months to the expiry date, unless agreed otherwise.
3. Agreements with a term of less than 12 months shall be automatically renewed by their respective minimum term, unless they are not terminated with a notice period of 1 month before the date of expiry, unless agreed otherwise.
4. Services that are currently provided free of charge can be suspend or be made chargeable at any time, upon prior announcement by KSregistry , provided KSregistry grants a right of special termination to the customer.
5. 5. Both sides can cancel the contract for important reason. An important reason for KSregistry is particularly assumed to exist when the customer
is in delay of submitting the fee in the amount of one monthly fee for contracts which have a minimum duration or where a certain duration time period has been agreed upon,
is in more than 20 calendar-days delay of submitting the payment for contracts with an undefined length,
culpably violates duties of the contract or these terms and conditions,
by the use of the respective service obviously violates valid rights,
tdoes not modify the use of the service within appropriate period in such a way that they meet the requirements regulated in the terms and conditions despite having received a warning; or
culpably or negligently acts contrary to the terms and conditions of the agreement or the registration policies of the registries (if applicable).
In these cases the customer loses all rights to the service.
6. The customer will be informed by e-mail about the obligation to pay the renewal fees prior to the end of the contractual term . In the case of non payment at least 3 days prior to the expiration date the customer will lose all rights to the performance of the service.
7. If the customer did not terminate the contract on time and the customer has either identified his payment method to be credit card or bank debit and provided current and valid payment details, then the due amount 10 days will automatically be charged prior to the expiration and the agreement will be renewed accordingly. The same applies if the customer has sufficient funds or credit in his account.
8. In the event of premature termination of a service no prorated refund of the consideration is paid for the remaining period, unless the termination is caused by KSregistry culpably or through gross negligence without legal basis. This also applies to other services or additionally booked options as well as termination for cause and termination due to binding decisions in domain name disputes.
9. Cancellations notices are only accepted in written form, which shall include faxed messages.
5. Pricing
1. The prices for services of KSregistry and for third-party services mediated by KSregistry are published without engagement on the websites; these prices can be changed at any point in time. This also applies for charge-free services.
2. Prices are only valid for the actual price on the day of the conclusion of contract or of the contract renewal.
6. Payment
1. Payment can be made by bank debit order for a German bank, credit card (VISA, Mastercard, AMEX, Eurocard), by wire transfer, by Paypal payments or by sending a check drawn to a German bank. KSregistry reserves the right to restrict payment methods available on a case by case basis.
2. Usage-based fees will become due immediately upon invoice unless another due date is agreed upon. Other charges must be paid in advance by the customer.
3. Execution of the tasks will only start after a successful credit card payment, by direct debit, or - for payments by check or bank transfer - are introduced to the account of KSregistry on receipt of the amount. All transaction costs must be covered by the customer. The customer has no right to fulfilment until payment is received in full.
4. If the customer fails to submit payment until the due date despite a reminder of KS, he is in default. In other respects, the statutory regulations for default shall apply.
5. Customer agrees that he will lose all rights to a service in case that payments are not submitted or not submitted in full or in the case of a charge back by their bank or credit card company, credit card fraud or any other reversed payment.
6. Invoices are published in the account of the customer as well as sent by e-mail, unless another procedure is agreed upon. Should the customer wish to receive an invoice by regular mail then KSregistry has the right to charge EUR 3 for each mail delivery.
7. The payments for services is also not refundable in case of disruptions in the service due to force majeure or other causes outside the realm of KSregistry responsibilities.
8. Prepayments for services which could not be rendered will be credited to the customer account and can be refunded at any point in time or be automatically used for open orders for which no payment has occured. The customer will cover all costs of this refund.
9. If a bank debit is denied by customer, or denied by the bank due to insufficient funds, or a chargeback be initiated for any reason, the customer is liable for the bank costs, currently EUR 3, plus an additional processing fee of EUR 10 per failed bank debit or chargeback. In addition, the customer irrevocably authorizes his bank to communicate to KSregistry or their agents the name and address of the customer.
10. Per justified due payment reminder KSregistry is entitled to demand to the costs incurred which currently amount to EUR 3, plus a handling fee of EUR 8. KSregistry is also entitled to cease all services after unsuccessful reminder without notice and to block the access of the customer to his account(s).
11. The customer can only offset his own claims against claims of KSregistry if these claims have been accepted by KSregistry in writing.
12. In case of default on payments, KSregistry may charge an annual interest of 9% above the current base interest rate according to § 247 BGB, or if the customer is a consumer, an annual interest rate of 5% above the current base interest rate.
7. Liability
1. As a condition of the customer’s access and use of the services of KSregistry the customer agrees to defend, indemnify, save and hold harmless KSregistry, agents, partners, ICANN, the respective central registry as well as all persons involved in rendering of the service in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of the service, of the domain name registered by the customer or the content provided on a registered domain. In the event of a claim, customer has the right to prove KSregistry , that claims in the context of the exemption have not occured in the demanded extent or not at all, and / or the customer is not responsible.
2. Neither KSregistry, its agents, partners, ICANN, the respective central registry nor any person involved in the rendering 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 because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural desaster, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force or condition beyond Key Systems‘ reasonable control.
3. KSregistry cannot be held liable for delays of services and server downtimes due to force majeure, fault of third parties or due to events which KSregistry has no influence on, despite any agreed upon deadlines and dates. KSregistry is authorized to postpone the provision of services and/or delivery by the duration of the respective disruption plus an appropriate starting time. Furthermore KSregistry can limit access to the service if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require such action. KSregistry is not obligated to review or monitor the use of the service by the customer to ensure their legality.
4. For all services of KSregistry ´s liability will be limited to intent and gross negligence if and as much as it is legally permitted. In case of paid services liability is limited by KS with negligence and rough negligence to the amount of the payment which can be paid in each case from the customer for the respective achievement and/or achievement period. For free services the liability of KSregistry is limited to cases of minor negligence and to an amount of 25 EUR for each single case or 100 EUR for all cases. In any other case the liability of KSregistry is limited to damages typically forseeable at the time the agreement was first concluded.
5. The customer agrees to keep all passwords and access data received from KSregistry for access to our services secret and to inform KSregistry once he receives any information about unauthorized parties gaining access to these passwords. The customer acknowledges that he is responsible for any orders or statements issued with his user-identification and that he bears the risk of unauthorized use of his access data. Should unauthorized third parties use KSregistry services while using his account, the customer is responsible for all fees and damages. KSregistry may lock access to an account if there is sufficient reason to assume it is used by unauthorized parties. KSregistry will inform the customer without delay of any such measure taken.
6. In case of allowed use by third parties or resale of products and services of KSregistry to third parties, the customer is liable for any claims resulting from violations of the contract terms by the third party and shall indemnify KS in full from all claims resulting from the use of the service by the third parties.
8. Data and protection of data
For carrying out the services the storage, processing and use of personal data of the customer is necessary.This is done within the scope of the legal data protection regulations. Additional information on this is provided in the data protection guidelines of KSregistry which are deemed to be part of these terms and conditions.
9. Final clauses
1. Modifications or changes of terms or conditions or the contract, as well as cancellations will only be accepted in writing, oral agreements shall not be considered valid. This also applies to terms and conditions of customers unless KS expressly agrees to accept such terms in writing.
2. For commercial customers and legal entities in Germany, as well as for all customers without permanent residence in Germany, St. Ingbert/ Germany will be the exclusive place of jurisdiction, as well as the place of fulfilment.
3. For the contract between KSregistry and its customers German law is the only effective law. U.N. purchase law shall not apply.
4. If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement. As far as legally possible KSregistry shall replace the clause in the above mentioned extent.
5. Both, the English and German version of these terms and conditions are valid and binding. In case of doubt or conflict, however, the German version will prevail.
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KSregistry GmbH
Im Oberen Werk 1
66386 St. Ingbert
Germany
Phone: +49 (0) 6894 93 96 250
Fax: +49 (0) 6894 93 96 251
Company Details
CEO: Alexander Siffrin & Oliver Fries
Register of companies: HRB 100040 Saarbrücken
VAT ID number: DE 281 632 426
Bank Account
EUR
Landesbank Saar
Account: 31504822
Bank Code: 590 500 00
SWIFT-Code: SALADE55
IBAN: DE93590500000031504822
USD
Landesbank Saar
Account: 39500053
Bank Code: 590 500 00
SWIFT-Code: SALADE55
IBAN: DE28590500000039500053
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1. Contents
KSregistry GmbH does not assume any liability for the information offered on this site being complete, correct and/or up-to-date. We exclude all liability for any damages, material or immaterial, resulting from the use or non-use of this information or the use of flawed or incomplete information, except for cases of intent or gross negligence. All prices and offers presented on our site are not binding and subject to change. We reserve the right to change, adapt, delete parts or the entirety of the site without prior announcement or to discontinue the publishing of information on this site all together. Mere use of the online presentation shall not be construed as forming an agreement between the user and KSregistry GmbH.
2. Links
We assume no liability for direct or indirect links from our site to other internet sites that lie beyond the scope of responsibility of KSregistry GmbH, unless KSregistry GmbH had prior knowledge of such content and the technical possibility as well as the reasonability to prevent access to the illegal content can be proven. We explicitly point out that no illegal content on the linked-to sites could be detected at the time of the linking. We have no influence over the design, contents or authorship of linked sites. We explicitly disassociate ourselves from all content of linked-to sites that was changed after the link was placed. The liability for all illegal, incomplete or erroneous information of linked-to sites lies only with the operator of such sites, not with those who merely refer to such publications by placing a link.
3. Copyright and Trademarks
KSregistry GmbH endeavors to always respect the copyrights of all graphics, sound files, video sequences and texts in all of our publications, to use self-designed graphics, sound files, video sequences and texts, or to use license-free graphics, sound files, video sequences and texts respectively. All other trademarks not owned by KSregistry GmbH that appear on our sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KSregistry GmbH. The mean mention or licensed use of protected contents, data or marks does not infer that such contents, data or marks do not fall unter third-party rights. KSregistry GmbH reserves their rights to all published objects created by the company or its employees. The use or republication of such graphics, sound files, video sequences and texts in other electronic, printed or other publications without prior written approval is not permitted.
4. Data Protection
As the site offers the opportunity to enter personal or business data, the user explicitly agrees to offer this data on a voluntary basis. KSregistry GmbH reserves the right to use and process the entered data to improve our service to the benefit of our customers, as well as save and use the data for the purpose of the execution of the requested services. The use and/or payment for the services offered by KSregistry under assumed names or a pseudonym is not permitted. The use of false or incorrect data shall lead to the immediate loss of all rights to the service.
5. Legal Validity
This disclaimer is an inseparable part of the internet presence that referred to this page. By use of the presence the user declares to have read, understood and agreed to these conditions. Should parts of these conditions be or become unenforceable by law, the remaining conditions shall remain unaffected. All conditions that cannot be legally enforced due to legal errors or invalidity, they shall be replaced by legally valid clauses that most closely reflect the original intent of the condition.
6. Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.
As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain).
An opt-out cookie will be stored on your device, which means that you'll have to click this link again, if you delete your cookies.
