Agreement for domain registrations

Date: July 1, 2024

This agreement governs the processing of domain registrations by INWX for the customer or their end customers.

1. The customer is entitled to apply for free, i.e., not yet registered, domains under the conditions of this contract. The responsibility for checking the availability of domains lies solely with the customer. INWX cannot guarantee that domains, free at the time of the customer's application, will still be available at the time of registration by the registrar. The domains are registered in the name of the customer or a third party designated by them (end customer).
2. The applicable registration conditions must be made available to the domain owner before registering a domain. The domain owner must accept these conditions.
3. The application for domain registration is made via a password-protected page on the internet, specifically provided by INWX for each customer. The customer receives feedback on the current processing status of the domain registration on this page. Transfer requests away from INWX are not charged separately if the customer processes the outgoing transfer requests themselves via INWX's web interface. The customer hereby expressly commits to complying with the respective applicable allocation guidelines and transfer regulations as well as the allocation guidelines of the individual registration offices and to only agree to outgoing transfers if they actually have the signed declaration of intent of the owner/admin-C. The same procedure applies to deletions as to transfer requests. Here too, the customer assures compliance with the allocation guidelines of the individual registration offices for deletions. INWX has the right to occasionally request a declaration of intent from a domain owner by fax.
4. INWX does not guarantee that the domains requested and delegated for the customer and the domain owner do not infringe the rights of third parties. Should a customer and domain owner be requested by third parties to relinquish a domain because it infringes the rights of others, the customer must inform INWX about this.
5. The contract period begins on the date of registration on the INWX website. This contract is concluded for an indefinite period. The notice period for termination is one month to the end of the month for both parties.
6. Domains are automatically renewed silently by INWX from year to year, provided that the required amount has been deposited in advance to the personal credit account or a corresponding payment agreement (e.g., direct debit) has been made with INWX and the agreed credit limit has not been exhausted. INWX regularly sends an email renewal report with the domains due for renewal, their costs, the current account balance, and the possibly set credit limit. INWX notifies the domain owner according to ICANN's ERRP guidelines twice before and, if not renewed, once more after the expiration date via email.
7. The termination of a domain must be carried out before the respective renewal date. For this purpose, there is the "Renewals" function in the customer area at www.inwx.ch. In the event of insufficient credit balance or credit limit, a deletion or return to the respective registration office will also take place.
8. Registration is based on the current price list, which can be accessed at any time at https://www.inwx.ch/en/domain/pricelist. Deletion of a domain registered via INWX is free of charge if permissible. The incurred fees are to be paid in advance for the respective billing period. If a domain is canceled with INWX before the end of the billing period, e.g., by deletion or transfer, no refund of the fees will be made. The amounts due are to be paid immediately without deduction.
9. INWX may set the transfer lock "clientTransferProhibited" for a domain name directly at the time of the domain name's registration. This can be removed by the customer at any time.
10. In the case of a change of ownership data of a domain, ICANN's transfer policy may apply. The customer expressly waives the usual 60-day lock for transfers between registrars after such a change. Furthermore, the customer authorizes INWX and/or the current registrar to approve any change of the registrant on behalf of the customer as a "Designated Agent," which happens automatically. The customer confirms that when registering a domain for third parties, they have the necessary authority to bind them to all contractual conditions.
11. The domain owner is obliged to provide the registrar with accurate and reliable contact information. Changes to this information must be communicated to the registrar within seven (7) days of the change. The deliberate provision of false or unreliable information, as well as the failure to communicate changes in a timely manner, can lead to the suspension or termination of the domain registration. Failure of the Registrant to respond to inquiries from the Registrar regarding the accuracy of contact details associated with the Registrant's registration for more than fifteen (15) days also constitutes a material breach of the contract and may be a basis for suspension and/or cancellation of the domain registration. Registrants who license their domain to third parties remain responsible as the domain holders for providing accurate contact information. They are liable for damages caused by unlawful use of the domain, unless they disclose the current contact details of the licensee within seven (7) days. The registrar informs the registrant about the purposes for which personal data is collected and how it is handled. The registrant consents to the processing of their data and informs and obtains the consent of third parties whose data they provide. The registrant assures that the registration and use of the domain do not violate the rights of third parties. The registrant accepts that the domain registration may be subject to suspension, cancellation, or transfer to correct errors by the registrar or the registry operator or to resolve disputes.
12. Downtimes due to technical disruptions not directly attributable to INWX are excluded from claims for damages. Claims for damages due to impossibility of performance, positive breach of contract, negligence in contract conclusion, slight negligence, and tort are excluded both towards INWX and in relation to their vicarious agents unless intentional or gross negligence is present. Damages by INWX in case of gross negligence by INWX or their vicarious agents are limited to twice the annual fee according to the price list. Further claims are excluded.
13. All parts of this contract are to be treated as strictly confidential by the customer and may not be disclosed to third parties. Changes and amendments to this contract always require written form. This also applies to the cancellation of the written form requirement. No written or oral collateral agreements have been made. The jurisdiction is Berlin. For disputes arising from or related to the use of a domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the domicile of the Registered Name Holder and where the Registrar is located. If parts of this contract are invalid or ineffective, this does not affect the validity of the remaining contract provisions. In place of the ineffective provisions, a provision that comes close to the economic interest of the contract would be agreed upon if the parties had known about the ineffectiveness at the time of the contract conclusion. All declarations from INWX to the customer can be transmitted electronically to the customer.
14. The customer and the domain owner must comply with applicable German law.

Otherwise, the general terms and conditions of INWX apply, available at https://www.inwx.ch/en/aboutus/terms, as well as the respective allocation guidelines of the individual registration offices, available at https://www.inwx.ch/en/offer/regpolicies.