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General terms and conditions
A) Area of application
These terms of business apply to the offer and provision of the branchenbuch.ch/domains domain name registration service.
B) Conclusion of contract
The contract comes into being upon confirmation of the application by branchenbuch.ch/domains.
C) Customer's agreement of the terms of business
The customer agrees with the terms of business either in writing or electronically. With the customer's agreement of the terms of business the customer accepts their content, including the other integral parts, especially the pricelist, the service description and guidelines of the register operators. The customer accepts the "Uniform Domain-Name Dispute-Resolution Policy" of ICANN (http://www.icann.org/udrp/).
D) branchenbuch.ch/domains's obligations
branchenbuch.ch/domains offers its customers the domain name registration service (registration of internet domain names on the customer's behalf).
branchenbuch.ch/domains may use third parties to provide the service.
branchenbuch.ch/domains assumes no guarantee for the working of the service.
The rights to the domain name are only transferred to the customer when the registration expenses have been paid fully.
branchenbuch.ch/domains may expand, change or terminate the service completely or partially.
E) Customer's obligations
The infringement of rights of third parties by the registration of a certain domain name is prohibited.
The customer is obligated to follow instructions of the register operator.
The customer promises to give correct information when registering. This includes in particular stating his correct company name, family name, address, zip code, telephone number, fax number and email address.
The customer is responsible for information (sounds, images and other data). The publication of illegal and immoral information is strictly prohibited.
The customer will take precautions to guarantee a secure data flow.
The customer will ensure that the login and password are not made known to other persons and that information about them is not accessible. He must change the password at regular intervals. A password's minimum length is at least six chars and contains letters and figures.
Commercial use of the domain name registration is excluded. All protection rights belong to branchenbuch.ch/domains.
The customer is obligated to accept guidelines of domestic and foreign register operators and guidelines of ICANN.
The customer accepts that it is possible to not get a requested domain name even if the domain name appears as free. The right to demand compensation or make other claims are excluded.
The customer will not register a domain name that might injure or adversely affect names, company names and trade names in any way.
F) Protection of the personal data
When processing personal data branchenbuch.ch/domains will adhere to the Swiss data protection and telecommunications laws.
Under the service branchenbuch.ch/domains will inform the register operators of the customer's necessary personal data. It will be published over the WHOIS service as required by ICANN.
G) Consent to the use of data
The customer gives his consent to the personal details, he gave when registering, being used by branchenbuch.ch/domains for marketing purposes for branchenbuch.ch/domains products or services.
H) Liability
branchenbuch.ch/domains is only liable for damage caused by intent and gross negligence. Liability for slight negligence is excluded. Liability for indirect damage, purely financial damage, and for loss of sales and loss of profit is in any case excluded.
branchenbuch.ch/domains is not responsible for abuse by third parties, in particular for security faults in telecommunications networks and the internet or the conduct of register operators.
branchenbuch.ch/domains is not liable if customer data is deleted or settings are changed.
I) Billing
The customer pays by bill. If there is the merest hint of a low degree of creditworthiness the payment is to be made by prepayment.
The bill becomes due within fourteen days, branchenbuch.ch/domains does not have to send a reminder to the customer.
If payment is not made in due-date time, branchenbuch.ch/domains has the right to suspend the contract immediately without giving the customer prior notice or to terminate it and cancel the contract without notice or compensation.
Bills from third parties, e.g. register operators that branchenbuch.ch/domains releases in favour of the customer must be settled directly by the customer at branchenbuch.ch/domains's request.
J) Renewal
Eight weeks before the contract expires the customer will receive a subsequent bill (renewal).
If payment of the renewal is not made in due-date time, branchenbuch.ch/domains may cancel the contract and delete the domain name without notice or compensation.
Four weeks before the contract expires the customer will receive a last reminder to pay the renewal.
K) Duration of the contract
Depending on the register operator, the contract lasts one, two or several years.
Depending on the register operator, the contract lasts one, two or several years by payment of the renewal.
branchenbuch.ch/domains may cancel the contract without notice if the customer behaves illegal and immoral.
L) Modifications to terms and conditions
(1) The branchenbuch.ch/domains can modify the terms and conditions if necessary. Should such modifications have been done, an updated version of the terms and conditions will be available on www.branchenbuch.ch/domains/agb.asp.
(2) You should be aware of and agree that a further use of our services after a modification of our terms will be understood as acceptance of those new terms and conditions.
M) Final Provisions
Should one or several rules of these terms and conditions be invalid, that doesn’t automatically mean, that the contract is invalid. The ineffective rule will be replaced by an appropriate regulation.
N) Transfer of Contract
branchenbuch.ch/domains has the right to transfer all the rights and obligations ensuing from this contract to a third party.
O) Applicable law
These terms of business are subject to Swiss law.
P) Place of jurisdiction
The place of jurisdiction is St. Gallen.
Copyright © VADIAN.NET AG, St. Gallen, July 2009
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