Ver. 1.0 of Jan-2024
These Conditions for provision of the service, govern the contractual relationship established between Namecase GmbH, with headquarters at Wilhelmstrasse 27, 53111 Bonn, Germany (also “Namecase” or “Supplier”) and the Customer for the provision of the Services below.
Where mentioned in the Contract, the terms below shall have the following meanings:
Account: login and password for the account given to the Customer for the purpose of placing orders on the Portal
ccTLD: Country Code Top Level Domains, national top-level domains reserved for dependent states or territories and generally consisting of two letters.
Customer: the natural person or legal entity identified in the Order Form.
Activation Confirmation: the notification that confirms activation of the Service ordered.
Conditions: these Conditions for supply services
Contract: all the documents stated in article 2.
Confidential Information: (i) information about the Supplier and deemed or classified by the latter as private and/or confidential, to which the Customer is for whatever reason privy in connection with implementation of the Contract and/or (ii) information about the Supplier which, by its nature, content, or the circumstances in which it is disclosed, would normally be regarded as such. In this regard, but not limited to this, Namecase’s confidential information shall be understood to mean all the services, features, configurations and technical information on the Service, quotations, audit or security reports or product development plans.
Domain Privacy: an additional Service that the Customer could activated as provisions indicated on Art. 22
Price list: the document published on web page https://arubadomains.com which lists all the financial aspects of the Service
Order Form: electronic form available on the company website, https://arubadomains.com, which, when fully completed and sent by the Customer, constituting a contractual proposal, formalises the request to activate the Service or additional services.
Dashboard: the area, unique to each Customer, for management of all the services provided by Namecase
Parties: Namecase and the Customer.
Portal: the website Aruba Domains https://arubadomains.com, provided by Namecase where the customer may proceed to purchase the requested service.
Namecase Services User Policy: the document drawn up by the Supplier and published on website https://arubadomains.com, which sets out the rules of conduct and usage restrictions for the Service, which apply to all Customers.
Namecase Privacy Policy: the document drawn up by the Supplier and published on website https://arubadomains.com, describing the procedures for processing the personal data of Namecase Customers and containing the disclosure made pursuant to current legislation on the protection of personal data.
Service: the service consisting of execution of the registration and maintenance of a domain name with the Registration Authority for the extension chosen by the Customer, as well as provision of the services requested by the Customer during the ordering process, as part of the possible purchasing solutions available on the website https://arubadomains.com.
Additional Services: services in addition to the Service expressly provided on the website https://arubadomains.com.
Technical specifications: the information published on website https://arubadomains.com containing the technical features of the Service.
Clauses for the registration of domain names: the document containing the contractual provisions prepared by the competent ccTLD Register, published on the website, which the Customer must accept and agree to comply with in the event of registering a domain name with competent ccTLD
The Contract is comprised of the following documents:
The purpose of the Contract is to supply the Service and any Additional Services to the Customer in accordance with the technical and financial characteristics stated in the Order Form
4.1 The sending of the Order Form relating to the Service and, if requested, to any Additional Services, together with payment of the fee, shall constitute the Customer’s acceptance of these Conditions and shall constitute a contractual proposal with Namecase, which is free to accept or refuse this proposal. If it is accepted, the Contract shall be finalised with activation of the Service, followed by sending the Activation Confirmation containing the Access Credentials. It is understood that the Customer’s use of the Services shall constitute acceptance of all contractual conditions.
4.2 The Customer is responsible for the truthfulness of the information supplied and grants to Namecase the right to obtain any further information required for the purpose of activating the Service, in compliance with current legislation.
4.3 If the Customer’s proposal is not accepted and, in any case, if the Service is not activated, Namecase will be exclusively responsible for returning only the amount paid in advance by the Customer.
4.4 The contract is in English, which will prevail over any other languages made available.
4.5 If Namecase has not received payment of the fee due 90 (ninety) days following the date of the Order Form, the order will be cancelled and deleted, without notice.
5.1 Namecase proceeds with registering domain names, in strict accordance with the principle the “first come, first served”, provided that they are supported by confirmation of payment of the agreed Service fee.
It is hereby understood that:
The Service is activated in accordance with the time frames dictated by hardware availability, and in any case as soon as possible. It is understood that the term indicated for activation of the Service should be considered to be merely indicative. The Customer is required to perform any actions required of it for the purpose of activating the Service; any delays due to inaction on the Customer’s part will not be attributable to Namecase. In any case, the Customer will be informed of any delays in activating the Service.
5.2 The Service is provided until the Contract expires. As that date approaches, as a mere courtesy and therefore without assuming any obligation with the Customer, Namecase reserves the right to send an expiry notice at the contact indicated by the customer when ordering.
5.3 The Customer can purchase one or more of the Additional Services by placing an order and paying the relevant fee. It is understood that, regardless of when it is activated. The Additional Services are regulated by these General Conditions or Particular, where applicable.
5.4 Namecase is not obliged to monitor the Service and is not responsible for any content or action processed on it, the customer being solely responsible. Under no circumstances shall Namecase assume any responsibility for the information, data or content released or transmitted and, in any case, processed by the Customer via the Service, reserving all actions in defence of its rights.
5bis. 1 “AI Domain Search” is an Artificial Intelligence tool which provides domain name suggestions available for registration, on the basis of instructions received from the user or Customer. The user or Customer must therefore use the “AI Domain Search” tool in a manner consistent with its purpose and avoid entering confidential information or personal data that are not strictly necessary. In any case, any insertion of the above-mentioned data is carried out solely by the user or Customer under its sole responsibility.
5bis. 2 The user or Customer acknowledges and agrees that Namecase will not to control or supervise the content either inserted by the user or Customer or generated by the latter through the use of the “AI Domain Search” tool (by way of example, texts, logos, names or slogans) and that no responsibility is ascribable to Namecase with regard to the same.
5bis. 3 The “AI Domain Search” tool is provider “as-is” and Namecase makes no representations or warranties as to the lawfulness, accuracy or reliability of the of the results generated through the “AI Domain Search” tool, In particular, Namecase provides no warranty as to whether the results generated through the “AI Domain Search” tool may infringe third parties’ intellectual property rights or other rights. The user or Customer therefore undertakes to check the results generated through the use of the “AI Domain Search” tool and carry out any necessary assessment to establish whether such results are suitable to be used for the purpose of user or Customer; in any case, such possible use will be made is sole risk of the user or Customer.
5.bis 4 The user or Customer undertakes to hold Namecase harmless from any liability, direct or indirect damages, losses or consequences of any kind occurred to Namecase, to the user or Customer itself or to third parties due to the use of the “AI Domain Search” tool.
6.1 The Contract will have a duration equal to the period of time stated in the Order Form, starting from the date of the conclusion of the Contract indicated above. Prior to its expiry, the Customer may renew the Contract on the basis of the Price List and Contract’s conditions applicable.
6.3 The renew of the Service must be completed, at least 5 (five) days before expiry of the Service, in accordance with the procedures and times stated in Art. 7. Once the renewal procedure described above has been completed, the Service shall be renewed for the contractually agreed period effective from the expiry date of the renewed Service, even in the event that the renewal is executed after the expiry date of the Service.
6.4 On the expiry date set for the chosen Service, and in any event on termination of the contractual relationship for whatever reason, the Contract shall cease to be effective, the Service shall be deactivated and the Parties shall be free from their reciprocal obligations.
6.5 Termination of the contract will result in the loss of all contents, with the impossibility of recovering the data and information contained in the service; the customer remains solely responsible for any back-up of the contents, any liability of Namecase being excluded.
6.6 If the domain name registered and/or kept with the competent Registration Authority through the Services provided by Namecase is transferred to another Provider before the Service expires, the Contract shall be automatically terminated on conclusion of the transfer procedure. The right to reimbursement for the unused period is excluded.
6.7 On the expiry date, in the absence of renewal of the Service, Namecase hereby reserves the right to insert a web page containing advertising messages in place of the domain homepage, keeping the registration data in the WhoIs register of the Competent Authority unchanged. The content thus made visible may remain online until the date of actual removal of the domain name from the competent Authority’s register.
6.8 It is understood that all services associated with the domain name (including but not limited to: hosting, email, any Additional Services) will be disabled. The Customer may still attempt, in accordance with the deadlines defined by the Registration Authority, to reassign the domain name. All details to https://arubadomains.com.
7.1 Otherwise agreed, payment of the fees for the Service and, if required, any Additional Services as stated in the Price List must be made by the Customer in the manner provided for and authorised by Namecase. Any payment made by the Customer shall bear a specific identification number, for which Namecase shall issue the corresponding invoice within the month in question. VAT due will be applied to all invoiced amounts, which, together with any other tax charge resulting from implementation of the agreement, will be borne by the Customer. In any case, the Customer hereby releases the Suppliers from all and any liability resulting from transactions or payments made.
7.2 The Customer accepts that:
7.3 The Customer expressly acknowledges and accepts that the invoice may be sent and/or made available to it in electronic format. The provisions of these Supply Conditions that relate to payment of the fee shall not apply until the respective expiry date, in the case of an order for a Service and any Additional Services offered on a free promotional basis. Namecase may in the course of the contract ask the customer for appropriate guarantees regarding payments.
In the event that Customer may not raise objections of any kind if it has not fulfilled its payment obligations and/or has not provided Namecase with the respective documents:
9.1 Namecase gives the Customer a guarantee of supply and use of the Service on a 24/7/365 basis, in accordance with the Technical Specifications.
It is understood that Namecase:
In the event that the Customer is a Government Authority, Namecase assumes all obligations relating to the traceability of financial flows in accordance with current legislation.
9.2 Namecase agrees to ensure the best functioning of the system, but will not bear any liability towards the Customer or Third Parties for delays, poor operation, suspension and/or interruption in the provision of the Service brought about by causes not attributable to Namecase, including, but not limited to:
9.3. The Customer agrees, now for then, to indemnify and hold harmless Namecase from any and all claims or demands of third parties for damages caused to the same by or through the use of the Services as a result of the violation of the obligations placed on the Customer itself by the Contract or conduct however attributable to the same. The Customer shall bear all costs, for damages and consequent charges, including any legal fees, that may arise from such liability actions and undertakes to inform Namecase should such action be brought against it.
10.1 The Customer:
10.2 The Customer accepts that the registration of a domain name involves entering its personal data in a publicly accessible register kept by the Registration Authority responsible for the chosen extension, except in the event that the Customer:
10.3 The Customer accepts that:
10.4 The Customer agrees that being granted a domain name does not confer any right to use such name and:
10.5 The Customer agrees and undertakes to comply with the documents stated below, without reservations regarding their content, declaring that it has carefully viewed:
10.6 As regards proof of all the operations carried out from the Dashboard, the Customer acknowledges and accepts, for itself and for the third parties whom it has authorised to use the Service, for whatever reason, that only Namecase Logs kept in accordance with the law shall be valid. On the other hand, the Customer is solely and exclusively responsible for any other operation carried out for itself or for third parties or directly by them, in the use, administration and management of the Service; for the purpose, with regard to these operations, it undertakes to:
11.1 Technical support is offered exclusively in accordance with the timescales and procedures stated on the website, https://arubadomains.com, In any event, the Customer is required to promptly notify Namecase of any irregularities or malfunctions that it may find with the Service. Namecase will make every reasonable effort, as soon as possible, to deal with any issues reported by the Customer.
11.2 Any requests for “customised” work or that requires Namecase to be informed of the Customer’s Service Access Credentials or that in any case involves Namecase’s access to the Customer Service must be sent to Namecase by means of a ticket from the reserved area. In such cases, by simply opening the ticket, the Customer authorises Namecase and/or any companies appointed by it to carry out the hardware/software intervention requested and/or necessary; the Customer acknowledges and agrees that this intervention shall take place within variable time frames based on the following criteria:
In order to allow the correct and timely implementation of the requested action, the Customer agrees to provide all the specifications and information requested by Namecase. By sending the request for work referred to in this paragraph, the Customer:
11.3 Namecase reserves the right to suspend or interrupt its provision of the Services in order to carry out technical maintenance. Under such circumstances, the Customer shall be notified via e-mail with an advance notice of 7 (seven) days; said notification will also specify the time period within which the service will be restored.
12.1 Namecase can exercise the right to suspend the Service in case of non-fulfilment or breach of the Contract, reserves the right to suspend or interrupt the Service, even without any notice in the event that:
In any instance of suspension of the Service attributable to the Customer, Namecase retains the right to bring an action for compensation.
12.2 Namecase agrees to ensure the best functioning of the system, but shall not bear any responsibility with respect to its Customers or Third Parties for delays, poor operation, suspension and/or interruption in its provision of the Service brought about by causes for which it is not responsible, including, but not limited to:
12.3 In any instance of suspension of the Service attributable to the Customer, Namecase retains the right to bring an action for compensation. During suspension of the Service, the Customer may not have access to data, information and/or content entered and/or processed by it through the Service. It is hereby understood that, in such cases, Namecase shall not be liable for any loss, damage or harm suffered and/or to be suffered by the Customer and/or by Third Parties, whether direct or indirect, foreseeable or unforeseeable, including, but not limited to, financial/economic losses, business losses, lost revenues and lost profits and/or the loss of goodwill; accordingly the Customer acknowledges and accepts that nothing may be claimed from Namecase by way of compensation, indemnity, reimbursement or for any other purpose.
13.1 The Customer qualifying as a “Consumer“, according to applicable law, as the natural person who acts for purposes unrelated to his/her business or professional activity, or whether not qualifying as a “consumer”, can withdraw, without any penalty and without stating the reasons:
Withdrawal shall be effective within 30 (thirty) days from the date of Namecase’s receipt of said notification, as a result, the services will be deactivated without further notice and no liability can be attributed to Namecase.
13.2 Namecase can withdraw from the Contract at any time and without being required to state its reasons, by notifying the Customer in writing, giving at least 15 (fifteen) days’ notice, except in cases in which (i) events caused by force majeure occur; (ii) the Customer is registered on the list of defaulters, has been declared insolvent, or has been subject to bankruptcy proceedings; (iii) is in default in any way in relation to Namecase, including for contracts other than this one; by virtue of which Namecase reserves the right to withdraw from this contract with immediate effect.
14.1 The Contract shall be deemed to have been automatically terminated, in accordance with the law and with immediate effect, if the Customer:
14.2 In addition, in the event of a failure to comply with the obligations stated in the Contract, Namecase reserves the right, at any time, to send the Customer formal notice within 15 (fifteen) days of receipt of a registered letter with confirmation of receipt.
14.3 In the event of the cases provided for under this article, as of the date of termination of the Contract, the Service shall be deactivated without prior notice. In this case, the Customer acknowledges and accepts that the amounts it has paid will be withheld by Namecase as a Namecase penalty and the latter shall be entitled to charge the Customer for any additional cost it may be required to incur, notwithstanding, in any case, its right to compensation for any damage suffered.
15.1 The Customer agrees that the Service covered by the Contract is characterised by constantly changing technology; for these reasons, Namecase reserves the right to improve the technical and economic features of the Service and the instruments related to it and to amend the terms of the Contract at any time, even after its signature, without this giving rise to any obligations of any kind for the Customer.
15.2 If, even in the case of circumstances not dependent on Namecase (including, but not limited to, an increase in the costs relating to electric energy, changes to current legislation or measures and/or regulations introduced by the relevant Authority, involving greater costs to be borne by Namecase, etc.), the factors used as a basis for formulating the economic and/or contractual conditions for provision of the Service change, Namecase reserves the right to change said conditions unilaterally, including, but not limited to, the consideration, collection fees, billing frequency or payment terms and procedures, informing the Customer thereof in writing, giving 30 (thirty) days’ notice. Should the Customer not wish to accept the aforementioned changes, including those concerning fees, it may exercise the right to withdraw from the Contract according to art. 14.1. If the Customer fails to exercise the right of withdrawal within the terms and in the manner indicated above, the amendments shall be deemed to have been known and definitively accepted by the said Customer.
15.3 Notwithstanding the above, Namecase may change the technical features, systems or resources as a result of the normal technological evolution of hardware and software components, thereby guaranteeing for the Customer the same functions.
15.4 Should Namecase make any technical-economic changes which are deemed to be detrimental or damaging in terms of performance and/or pricing, or make changes to any part of the contractual terms and conditions, the Customer shall be informed of such changes by e-mail or through publication on the website, https://arubadomains.com/. The above-mentioned changes shall take effect thirty (30) days after the date of their communication. Within the same time period, the Customer may exercise the right to withdraw from the contract by means of a written notification to be sent by registered mail with confirmation of receipt to Namecase GmbH, Wilhelmstrasse 27, 53111 Bonn, Germany. If the Customer fails to exercise the right of withdrawal within the terms and in the manner indicated above, the amendments shall be deemed to have been known and definitively accepted by the said Customer. Notwithstanding the above, Namecase may change the technical features, systems or resources as a result of the normal technological development of hardware and software components, thereby guaranteeing for the Customer the same functionality.
15.5 Namecase reserves the right to amend the Namecase Services User Policy and the Namecase Privacy Policy at any time as a result of the requirements referred to in paragraph 1 above or in compliance with the provisions of law; also in this case, the Customer may exercise the rights provided for in paragraph 2 above.
16.1 The Customer is required to use the Service in accordance with Namecase’s intellectual and/or industrial property rights as laid down in the Namecase Services User Policy. Software packages, like any other copyright or other intellectual property right, are the exclusive property of Namecase and/or its assignors; therefore, the Customer shall not acquire any right or entitlement in this regard, and shall only be entitled to use them during the term of the Contract.
16.2 In the case of licences provided by third-party suppliers through Namecase, the Customer acknowledges that it has examined the terms and agrees to use the software in accordance with the procedures specified on the respective websites exclusively for its own personal use. The Customer undertakes to accept and comply with the terms of these licences. The Customer declares that it is aware that the Licences apply between the Customer and the holder of the copyright thereon with the exclusion of any liability on the part of Namecase.
The Customer hereby agrees not to disclose or make in any way available to third parties the confidential information known or handled in connection with the performance and/or application of the Contract in the absence of Namecase’s specific written consent.
18.1 The Contract shall supersede and replace any previous agreement that may have been entered into between Namecase and the Customer that can be traced back for any reason to the same Access Credentials regarding the Service and shall constitute the final and complete expression of the agreements entered into between the Parties on this subject. No amendment, footnote or clause howsoever added to this Contract shall be valid and effective between the Parties unless specifically and expressly approved in writing by both parties. In the event of special agreements with the Customer, these must be drawn up in writing and will constitute an addendum to these conditions.
18.2 Under no circumstance may any breaches and/or conduct by the Customer that differ with respect to the Contract be considered as exceptions thereto or tacit acceptance thereof, even if not contested by Namecase. Any failure by Namecase to exercise or enforce any right or clause of this Contract shall not constitute a waiver of those rights or clauses.
18.3 Unless expressly indicated otherwise in the Contract, all notifications to the Customer may be sent by Namecase by hand, by e-mail, whether certified or not, by registered mail with confirmation of receipt, by ordinary post, or to the addresses provided by the Customer at the order stage and, consequently, such notifications shall be considered known by the latter. Any changes to the Customer’s addresses and details, including the address and email details provided at the order phase that are not notified to Namecase in accordance with the procedures set forth in the Contract shall not constitute grounds for a complaint.
18.4 With the exception of the cases specifically set forth in the Contract, all notifications that the Customer intends to send to Namecase relating to the Contract, including support requests, shall be sent by means of a ticket from the reserved area
18.5 The Contract entered into with the Customer shall be sent by email, kept in the Supplier’s computer systems and shall be sent to the Customer upon request in the manner stated in art. 18.4 above.
18.6 Any total or partial ineffectiveness and/or invalidity of one or more clauses of the Contract shall not result in the invalidity of the others, which shall be deemed to be fully valid and effective.
18.7 The Customer acknowledges and accepts that Namecase may in any form communicate to third parties and/or disclose the details relating to the Contract (including, but not limited to: its purpose, its term, the Customer’ name) as commercial information for the promotion of its own products or services.
18.8 Relations between Namecase and the Customer established under the Contract may not be understood as agency, representation, collaboration or association agreements or other similar or equivalent contractual forms.
18.9 The Customer undertakes not to assign the Contract to third parties without Namecase’s prior written permission.
19.1 The processing of the personal data that the Customer discloses to Namecase for the execution of this Contract and the subsequent provision of the Service will take place in compliance with the current legislation on the protection of personal data, the privacy policy issued by Namecase on its website relating to this Service.
19.2 Namecase, for the sole data collection, processing and management phases necessary for the provision of the Services, acts as an autonomous Data Controller in accordance with the role definitions described in EU Regulation 2016/679.
19.3 The Customer, with reference to the third party data he/she has entered and/or processed when ordering and/or using the Services, declares to have previously provided them with adequate information as per Art. 13 of EU Regulation 2016/679 and to have a suitable legal basis for the processing. It is however understood that the Customer acts, in relation to such data, as the autonomous Data Controller, assuming all the obligations and responsibilities connected to it, relieving Namecase from any dispute, claim or other that may arise from third parties with reference to such processing.
20.1 This Contract will be governed exclusively by German law, thereby excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. These Conditions have been drafted and prepared in compliance with the provisions of current legislation on consumer protection and the legislation on electronic commerce (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market); it is understood that they will be automatically amended and/or adjusted in line with the provisions on the matter in subsequent provisions of the law and/or regulations.
20.3 German Courts shall have exclusive jurisdiction to settle and decide upon any and every dispute relating to the interpretation, performance and/or implementation of the Contract, unless the Customer has exercised and executed the Contract in the capacity of Consumer for purposes other than for any business or professional activities in which it is engaged; in this case, the Courts of the country where the Consumer was domiciled at the time of entering into the Contract shall have jurisdiction, unless the Consumer prefers to apply to the German Courts.
20.4 When, based on paragraph 2 above, it is determined that jurisdiction to settle and decide any dispute relating to the interpretation and/or performance and/or application of the Contract:
21.1 The Customer may purchase the additional Brokerage service either as the buyer or the seller of a domain name, depending on the option selected on the Order Form. The costs, fees and process are described in the reserved area. In either case, notwithstanding the provisions of art. 5.1, the Customer entrusts Namecase with the specific task of acting exclusively as an intermediary for the purchase and/or sale and/or Assessment of the domain name chosen and/or specified by it, where it may stipulate the relevant contract within the limits of the mandate granted to it.
21.2 The duration of the additional “Brokering” service will be open-ended, unless the Contract is terminated. This shall be without prejudice to the Customer’s right to withdraw giving 15 (fifteen) days’ notice.
21.3 The Customer hereby acknowledges and accepts that Namecase may delegate to a trusted third-party company the actual execution of the activities needed for providing the Additional Service referred to in this article.
21.4 The Customer hereby acknowledges and accepts that, if the exclusivity constraint mentioned in paragraph 1 is breached, the Customer will be entitled to charge the Customer, as an alternative and at its sole discretion, an amount equal to the amount owed as compensation in the event of the positive outcome of the Brokering described in this article, calculated on the basis of the actual sale price of the domain name, or a fixed amount of €2,000.00 (two thousand Euro), without prejudice to the right to request that the Customer pay compensation for further damages.
21.5 The Customer hereby acknowledges and accepts that may change the maximum price limit specified on the Order Form upwards in a written notification to be sent to Namecase (by email, fax, etc.); this limit may not be reduced at any time during the term of Namecase’s mandate.
21.6 Unless there is a specific separate agreement between the Parties, Namecase undertakes to uphold the confidentiality of the Customer’s data for the duration of the mandate referred to in this article.
22.1 The Customer may purchase the additional service “Domain Privacy”, where Namecase as registrar, agrees to replace the personal information of the Customer with the following information in public WHOIS records, thus protecting the privacy of the Customer as a domain registrant. In this case Namecase will provide to the Customer an anonymous e-mail address which can redirect communication to other chosen email channels.
22.2 The Domain Privacy service may be subject to automatic renewal when selected, with payment method associated in Customer’s Account. Users should be aware of this policy and its associated fees.
22.3 Customer accepts that some TLDs do not allow the use of Domain Privacy, in which case the service will not be activated.
v.1.1_AD_07.06.2024
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