Terms and Conditions DOMENY.CZ
Terms and Conditions of Domain Name Registration
- The Manager of the DOMAIN.CZ Server
- Basic Rules
- Domain Registration Process
- Reminders
- Communication
- Third Persons' Rights to Domain Names
- Rules for the Payment of Renewal Fees
- Secrecy Obligation
- Prices and VAT
1. The DOMAIN.CZ service - hereafter "Service" - is provided by the ACTIVE 24 company, head quartered at Sokolovská 394/17, 186 00 Prague 8 (ID: 25115804), entered in the Register of Companies at the Municipal Court in Prague, section C, item 51029 - hereafter "Manager" - and serves the purpose of registration of Internet domain names (domains) of the second and third levels under selected national and supranational TLD (Top Level Domains)
2. Registration in specific TLD is always subject to rules set by the TLD administrator, which the Manager pledges to comply with in full. For more information please see Legal Claims Relating to TLD, a document which complements these General Commercial Conditions.
3. A selected domain is registered only upon payment for an invoice or a receipt notice made out by the Manager. The payment of a registration fee for the registration of a selected domain does not establish a claim to a successful registration of the domain. The Applicant is informed about the outcome of the registration process by the Manager only after the process has ended. All communication takes place by means of electronic mail.
4. If the Manager does not receive the payment for domain registration within the invoice maturity period, it cannot guarantee a successful registration of the domain. In such a case, the Applicant for registration is asked by means of a first and second reminder sent by e-mail to make the payment. The Manager and the Applicant consider this method of sending a reminder adequate and pledge themselves to respect it. At the same time, it is understood that a reminder to make the payment according to the first sentence of this paragraph is perceived as an attempt at a peaceful solution in line with the generally binding legislation of the Czech Republic. If the Applicant for registration does not pay the sum due within 14 days after the first reminder was sent, a second reminder follows. If the Applicant fails to react to the second reminder, the Manager will cancel the application for a domain name filed by the Applicant without notification because of a failure to pay the registration fee for the domain name. However, even the Manager's steps described above do not terminate the business relationship between the Manager and the Applicant for registration, and the Manager will take all legal steps to make the Applicant settle all potential claims to the Manager.
5. With domain names under the .CZ, .COM, .NET, .ORG, .INFO, .BIZ domains, the registration process is launched as soon as the registration fee is delivered to the Manager's account, provided that the order form contains valid and formally correct data. The payment itself must be made under the correct variable symbol assigned by the Manager to this specific business deal, and to the account number given on the invoice or receipt notice. If the Applicant fails to comply with either of the conditions above or if it sends to the Manager's account a sum different from that given on the invoice or the receipt notice, the Manager will pass the domain on for registration only after these shortcomings have been resolved. With the other foreign domains, the times it takes to settle the applications for registration may vary and the Manager does not guarantee they will be settled by a specific deadline. In case of foreign domains, the Manager cannot be held responsible for potential defects on Whois databases when checking the availability of domains. In case of any shortcomings in the provided data or errors in the registration process, the Manager contacts the Applicant immediately.
6. The Manager does not control or probe into the authorisation of the Applicant for registration in relation to the registered name (domain name), nor does it carry any legal responsibility in this respect; the Applicant for registration acknowledges this. The Applicant is responsible for all potential legal consequences of the registration of a domain name which collides with a trademark of another entity or a right protected on the basis of:
(I.) a law,
(II.) an implementation regulation,
(III.) an agreement under private or public law, including international agreements,
(IV.) a court (arbitration) award,
(V.) a legal custom or
(VI.) convention.
Managers of the name space of some countries and territories may ask the Applicant for documents confirming that the registration request for a specific name of the domain is justified. In this case, the Applicant will be asked to submit such documents when filing the application or in the course of the registration procedure, and the registration will not be completed until the documents have been submitted.
7. The Manager cannot be held responsible for the payment of renewal fees for foreign domains registered by the DOMAIN.CZ system to the managers of national Top Level Domains. With European national domains, the Manager automatically makes out an invoice for a renewal fee on behalf of the Applicant, unless the Applicant cancels the registration in writing at least four weeks before the domain expires. In case of a delayed payment of a renewal fee or a failure to pay the renewal fee for the domain to the Manager, the claim of the relevant national registrar is passed directly onto the Applicant without any further notification.
8. The Manager keeps secret the data that the Applicant provides for the purpose of registration. The Applicant's personal data are handled in full accordance with the Law on Data Protection (law no. 101/2000 Coll.). The Applicant is aware and agrees that the data of the owner of the registered domain, which are included in the databases of national registrars, are publicly accessible and that these data, after the placement of a query about a specific domain name, are provided by means of the DOMAIN.CZ server as a processed data output from these databases. The Applicant must inform the Manager about changes to any registration data (name, address, e-mail).
9. The services of Internet domain registration, the issuance of a certificate and other services offered by the DOMAIN.CZ server are considered services in accordance with the Commercial Code and as such are subject to the five per cent value-added tax rate, unless otherwise stated in the law. The Manager is a VAT payer. Prices of services may change without prior notification. The current prices of services are available in an online price list on the DOMAIN.CZ server, and these prices are binding for the contractual parties.
The conditions come into force as of October 13, 2003.
