General Terms and Conditions for the Provision of Domain Registration Services (hereinafter the “GTC”) of the company SK-NIC, a. s., Company Identification No.: 35 698 446, registered in the Commercial Register of the District Court Bratislava I, Section: Sa, File No. 1156/B, Tax Registration No.: 2020310754, VAT Registration No.: SK2020310754 (hereinafter the “Provider”).
Unless stated otherwise herein, the terms used shall have the following meaning for the purposes of these GTC:
“Service” shall mean the service of the Provider consisting of the performance of actions leading towards the acquisition and extension of the rights and duties pertaining to a second-level domain name (hereinafter the “Domain”) for the User (Domain registration in the name and on behalf of the User). The right to the Domain shall mean the entitlement to use the Domain, that is to avail itself of the rights and duties pertaining to the domain under the Terms and Conditions of Domain Name Service in the .sk Top Level Domain (hereinafter the “Rules”).
“User” shall mean the natural person or legal entity which is in a contractual relationship with the Provider arising from the Contract (Order).
“Consumer” shall mean the User – a natural person that uses the Service for its own need or for the need of the members of its household and thus does not act within the subject-matter of its trade or other business activity.
“Contract” shall mean the Contract for the Domain Registration which is the basis on which the User orders the Service from the Provider. The respective form, completed and sent, designated as the Order, shall also be considered a Contract. The draft of the Contract (Order) in the format of a blank form is to be found, available to general public, on the website of the Provider and it permits the insertion of data about the User and the Services and represents a binding order thereof from the Provider.
“Internet” is a public data network enabling the transmission of data communication between endpoint devices of the network and other forms of communication.
“Price for the Service” shall be agreed pursuant to the Act No. 18/1996 Coll. on Prices as amended and will be the contractual price; this is stated in the Domain Registration Price List. The Price for the Service shall include the respective VAT rate pursuant to the legal regulations valid at the time of the provision of the Service.
“Domain Registration Price List” is the list of prices for the individual services offered by the Provider. The Domain Registration Price List forms an inseparable part of the Contract. The individual prices in this Price List shall always be stated per unit of measurement, both with the VAT excluded and with the VAT included.
“Activation of the Service” shall mean such an action of the Provider which brings into effect the registration of a domain through the Internet network and which enables the User to actually use the Service.
“Period of Provision of the Service” shall mean a period of time commencing on the effective date of the Contract and ending on the day of the termination thereof.
“Temporary Interruption of the Service Provision” shall mean an action of the Provider that makes it temporarily impossible for the User to use the Service under the conditions stipulated herein.
“Helpdesk” shall mean the customer care centre that communicates all the requirements and notices of the Provider in relation to the provision of the Service to the Users, provides the Users with technical support, and receives complaints, claims, requests and other filings.
“GDPR” is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
CONCLUSION OF THE CONTRACT AND THE SUBJECT-MATTER THEREOF
Each person interested in acquiring the Service shall have the right to enter into the Contract with the Provider under the conditions stipulated by the general legal regulations and these GTC.
The Contract may be concluded by the completion and sending of the Order through the Provider’s website. The Contract concluded by the completion and sending of the Order through the Provider’s website shall only enter into force upon the payment of the Price for the Service on the basis of an invoice issued by the Provider. The User may only cancel the Order up until the moment when the respective fee arising therefrom has been paid to the Provider. Following its payment the User may not request a refund.
The minimum period for which it is possible to conclude the Contract for the Provision of the Service is defined (for the Service specified herein) in the Domain Registration Price List.
The subject-matter of the Contract includes the Provider’s obligation to provide the Service to the User (that is the registration of a second-level domain in the name of and on behalf of the User) pursuant to the conditions stated in the Contract, individual agreements and these GTC, and the User’s obligation to pay the Price for the Service. The General Terms and Conditions and the Domain Registration Price List form an inseparable part of the Contract.
Within the Service (“Domain Registration”) the Provider shall ensure the performance of the registration and the operation of the free domain without unnecessary delay, provided that the registration, registration extension or the operation of the domain is not prevented by an obstacle on the User’s side or on the side of a third party. The Provider may (but is not obliged to) refuse to perform the registration of a domain in the User’s name if it has knowledge that the name of the domain is identical to a company name, trade name or a trademark of a third party or otherwise breaches third-party rights. The Provider does not evaluate any claims or entitlement arising from such an identity and any liability for the violation of the respective right shall be borne by the User.
RIGHTS AND DUTIES OF THE PARTIES TO THE CONTRACT
The Provider shall ensure the performance of the registration and operation of a free domain for the User without unnecessary delay, provided that the registration, registration extension or the operation of the domain is not prevented by an obstacle on the User’s side and the domain registration is not contrary to the Rules.
Domain registrations occur in the order in which the Orders have been delivered to the Provider. The registration of a second-level domain for “.sk” shall be governed by the Rules specified in Clause 1.1.1 hereof. The User shall familiarise itself with these Rules and by entering into the Contract with the Provider shall express its agreement to abide by them. The Provider is not obliged to remind the User of the obligations towards third parties or those arising from these Rules, ensuing from the rights and obligations pertaining to the domain.
The Provider shall carry out the registration no sooner than after the crediting of the User’s respective fee to the Provider’s account. The fees for the domain registration are published in the Domain Registration Price List on the Provider’s website. The payment of the fee for the registration of the selected domain does not constitute grounds for the User’s entitlement to a successful domain registration. The User shall be informed of the result of the registration process by the Provider no sooner than after its conclusion. If, due to reasons on the side of the Provider, a domain fails to be registered successfully, the User shall be entitled to request the registration of another domain or the refund of the full amount paid for the domain registration. The Provider shall not be liable to the User for the damages or loss of income which may be incurred as a result of a successful or unsuccessful registration of a domain or in direct relation to it.
The Price for the Service for a successful domain registration cannot not be refunded. The User may request a change of the Domain Registrar in the manner stipulated by the Rules in force. The User shall pay the fee invoiced under the Rules for the change of the Domain Registrar to the Provider or to the new Domain Registrar depending on the Rules.
The User acknowledges that the Provider bears no liability for
the functionality and setting of the User or third parties’ name servers or any faulty technical settings carried out by the User;
a situation in which the User breaches third-party rights to a trade name or rights to trademarks and other intellectual property rights by using the name of the domain or the right of other entitled holders or otherwise breaches third-party rights.
This liability shall be fully borne by the User.
The User shall be entitled especially:
to use the Services provided by the Provider pursuant to the conditions stipulated herein, and not to be in any manner prevented from the use thereof by another User or a third party or the Provider;
to submit requests and comments to the Helpdesk;
to choose any domain from the free domains pursuant to the Rules;
to the timely provision of complete and truthful information regarding the facts which may affect the quality and stability of the Services provided by the Provider if such provision of information is possible and reasonable given the circumstances and the situation.
The User shall be obliged especially:
to pay the Price for the Service provided, as well as all the fees relating to the provision of Services pursuant to the Contract and the Domain Registration Price List, that being on the basis of a tax document (invoice) issued and delivered by the Provider in written form, especially by electronic mail pursuant to the conditions of electronic invoicing;
to refrain from providing the Services provided by the Provider to a third party without the Provider’s previous written consent;
in the course of the duration of the contractual relationship to inform the Helpdesk or make known by means of the user web interface for the Service, made available by the Provider through the Internet (hereinafter: “Service Administrator Interface”):
changes of the Contact Name, no later than within 30 days from the day of such a change;
all changes of its identification and billing information no later than within 30 days from the day of such a change;
without delay all facts known to the User that may have a negative impact upon the provision of the Services by the Provider;
not to use the Service in a manner that would unreasonably limit other Users of the Provider in their use of these Services, or otherwise unreasonably limit the Provider;
to register the Domain only for itself, i.e. only state its own data in the registration form;
to use the Service in accordance with the laws of the Slovak Republic, the Contract and instructions and manuals of the Provider.
The Provider provides the Service according to its knowledge and technical capabilities as well as the technical capabilities of its subcontractors and of the corresponding quality to the generally accepted requirements regarding the Services provided to Users in comparable legal relationships with other providers.
The subject-matter of the Provider’s Services does not include inspection of the User’s websites. The Provider shall not be liable for the content of the websites made accessible and public on the basis of the provision of the Provider’s Services to the User under these GTC. The User shall not be liable for the Provider’s activity unless this activity was carried out on the basis of a request, instruction, or in the interest of the User. Such a request or instruction may be issued in a paper form, in an electronic form through the Service Administrator Interface, by email, telephone or in another analogous verifiable manner.
The Provider shall not be liable for damages incurred to the User by a third party which may have by force or by use of errors in the User’s applications or settings intruded into the User’s website and caused damage or copied or modified or deleted the User’s stored data. The Provider likewise shall not bear liability for damages incurred by any third party which, through no fault of the Provider’s, may have gained unauthorised access to the computer system, to another information carrier or its part and by insertion, transmission, damage, deletion, quality decrease, modification or suppression of computer data may have thwarted the functionality of the computer system or created non-authentic data with the intention that these be considered authentic or that these be treated in such manner for legal purposes, not even in the case where this activity does not constitute a criminal act under the Criminal Code.
The Provider shall be entitled to rely on the accuracy, truthfulness and completeness of the data maintained on the User on the basis of the Contract (Order) or on the basis of later data updates by the User, and the accuracy, truthfulness and completeness of these data shall represent a decisive condition of the Provider’s fulfilment of its obligations towards the User and thus in the case of inaccuracy, untruthfulness or incompleteness of this data it is solely the User that shall bear any liability consequences that may arise on the basis of untrue or inaccurate data provided by the User.
DURATION AND TERMINATION OF THE CONTRACT
The Contract is made for an indefinite period of time unless agreed otherwise therein by the Parties.
The Contract shall terminate:
by the expiration of the period of time for which it was concluded, if it was concluded for a definite period of time,
by agreement of the Parties to the Contract,
by withdrawal from the Contract,
by termination of the Contract,
by dissolution of the User without a legal successor.
The agreement of the Parties regarding the termination of the Contract shall be in two (2) counterparts in writing containing the exact date of the termination of the rights and duties of the contractual Parties under the Contract. The agreement shall be signed by both the contractual Parties.
The User which is a consumer shall be entitled to withdraw from the Contract within fourteen calendar days from the conclusion thereof. The User (consumer) shall not be entitled to withdraw from the Contract if the Service has begun to be fulfilled with its express approval and the User has stated that it has been duly informed that by the expression of such an approval it shall lose the right to withdraw from the Contract under this Clause of the GTC.
The User’s withdrawal from the Contract according to Clause 4.4 hereof shall represent the cancellation of the Contract from the beginning. The Provider shall not be obliged to continue in the provision of the Service, and no later than within 15 days from the day of the withdrawal from the Contract it shall refund the amount of the Price for the Service that has been already paid by the User to the User.
The Provider shall be entitled to withdraw from the Contract in the case if:
the identification data stated by the User in the Contract or in the Order proves to be untrue;
the User is insolvent, especially if the request for initiation of insolvency proceedings with respect to the User’s assets has been filed, if bankruptcy proceedings have been terminated due to the lack of assets, if the User has been put into administration in accordance with special regulations, or if the User has commenced the winding-up procedure,
the User fails to pay the Price for the Service even within an additional reasonable period of time the Provider has offered to it for the payment thereof,
in its use of the Service the User breaches general legal regulations or breaches the rights of third parties.
The withdrawal from the Contract shall be carried out in writing and delivered to the other Party and it shall contain the exact description of the reason(s) for the withdrawal, otherwise it shall be considered invalid. The withdrawal from the Contract shall enter into force on the day of its delivery to the other Party.
The User shall have the right to terminate this Contract without stating the reason. The termination shall be in writing and it shall be delivered to the Provider. The period of notice shall expire on the last day of the registration period of the Domain which was registered through the Provider’s Service on the basis of the Contract which the User is terminating.
PRICE FOR THE SERVICE AND PAYMENT TERMS
The Prices for the Service provided are invoiced to the User according to the valid Domain Registration Price List, which forms an inseparable part of the Contract and is published on the Provider’s website.
The Provider shall have the right to change the amount of the Price and the rules of the pricing, with the Provider giving notice of every change pursuant to Clause 10.1 hereof.
The fee for the Service provided shall not be refunded, not even partially or where the User asks for premature termination of the pre-paid period. The Domain shall remain registered in the User’s name for the prepaid period of time even after the termination of the Provider’s Service by the User. Pursuant to the Rules, the User shall be entitled to request the change of the Authorised Domain Registrar via the procedure according to the Rules.
The billing period is a calendar year unless agreed otherwise or stated otherwise in the Domain Registration Price List.
The Provider shall be entitled to issue to the User an invoice containing the particulars of a tax document with the breakdown of the particular invoiced actions in advance for the agreed billing period.
The invoice maturity is 14 calendar days from the day of the delivery thereof to the User unless agreed otherwise by the Parties.
The Subscriber shall duly pay all the fees for the Service by a transfer to the Provider’s account in a timely manner, that is by the due date stated on the invoice unless expressly agreed otherwise by the Parties. The invoice shall be considered paid on the day of the crediting of the payment to the Provider’s account, otherwise the User shall be in delay.
The Provider shall be entitled to invoice to the User a contractual interest on late payment of the fees for the Service in the amount of 0.05 % from the Price for the Service for every day or part of a day of the delay.
The User shall pay all the invoiced fees, including in the case where the Service was used by persons other than the User. In the case of an unauthorised use of the Service by persons other than the User, the User shall pay all the fees invoiced by the Provider until the day of the limitation of the provision of the Service by the Provider on the basis of the User’s notification about the misuse of the Service; following the delivery of the notification described herein, the Provider shall limit the provision of the Service without an unnecessary delay.
By the failure to pay the Price for the Service (fee for the extension of the domain registration) by the date of the expiration of the domain, all and any obligations of the Provider in relation to the said domain shall cease. The domain may be automatically cancelled or its further existence may be governed by the Rules specified in Clause 1.1.1 defining the relationship between the domain holder and the registration in the Register.
The steps for the lodging of complaints regarding the Services provided by the Provider are defined in the Provider’s complaints procedure. The complaints procedure is published on the Provider’s website and it is physically located in the Provider’s registered office.
Help and support provided by the Provider to the User on the basis of its request for help by means of a telephone call, chat or another online means shall not constitute a complaint.
The Provider shall not be liable for damage or loss of income incurred to the User or third parties by an interruption of the provision of the Services pursuant to the Contract (Order) or the GTC.
PERSONAL DATA PROTECTION
The Subscriber is aware that the provision of personal data to the Provider is in accordance with Section 10 (3) (b) of the Act No. 122/2013 Coll. on Protection of Personal Data as amended, and it is thus indispensable for the fulfilment of the Contract in which the Subscriber acts as one of the contractual Parties.
The Subscriber is aware that in accordance with the Rules specified in Clause 1.1.1 hereof its personal data shall be published and maintained in the extent and in accord with the terms and conditions pursuant to the relevant Clauses hereof governing the treatment of personal data.
The User which is a natural person confirms by its signature of the Contract or by the sending of the Order that the personal data it has provided in such Contract or Order are accurate and truthful.
The communication between the Parties shall be all be carried out in writing (orders, requests for change, payment confirmation, activation information, sending of advance invoices, etc.).
Notifications related to the facts on the basis of which either of the Parties may raise any legal claims shall be made in a manner defined herein and they shall be demonstrably made or delivered to the other Party in writing. Common informative notifications may also be made to the other Party in person or by telephone. The Service Administrator Interface is always accessible through the Provider’s defined website.
The User shall communicate with the Provider in Slovak, Czech or English.
When communicating, the Provider shall not be obliged to actively use a language other than Slovak or accept communication in a language other than Slovak, Czech or English.
If any document or schedule is submitted to the Provider in a language other than Slovak, Czech or English, such a document or schedule shall contain as an annex a legally certified translation into the Slovak language including possible apostilles.
The Provider and the User recognise the validity and trustworthiness of the mutual communication by electronic means, that being also from the viewpoint of the evaluation of the validity and effect of the legal actions in such cases when the written form of communication is not required.
The written communication addressed to the Provider shall be sent to the address stated on the Provider’s website; such shall be considered delivered:
in the case of electronic communication, at the moment of the appearance of the confirmation of the sending of the request through the respective option or the form within the Service Administrator Interface or the creation of a confirmation of the receipt of the electronic mail in the record file of the website of the mail server utilised by the Provider,
in the case of a registered postal item with a delivery form and with postal fee prepaid by the respective sender or in the case of a personal delivery (including the use of a courier service), by the acceptance thereof or, in the case of non-acceptance, at the moment of the refusal to accept the item or by the third day of the storing of the item, if the item fails to be collected within 15 days.
The written communication addressed to the User by the Provider shall be considered delivered if it is sent to the address registered in the contact data of the User, and that is
the User’s electronic mail address in the case of electronic communication, that being by the receipt of an electronic mail message or the record of the attempt to send the respective message in the record file of the mail server used by the Provider or
delivery address; in the case
of a registered postal item, the acceptance of the item will be signed on the delivery confirmation, or the registered item will be returned as undeliverable or unaccepted (in the case of failure to deliver, the item shall be considered as delivered by the third day of the storing thereof at the post office, and in the case of a refusal to accept the item by the moment of the refusal to accept the item),
of personal delivery (including the use of a courier service), the day of the acceptance shall be marked on the copy of the item or on the document about the delivery.
All the rights and duties of the contractual Parties pursuant to the Contract concluded shall be governed by the law of the Slovak Republic regardless of the legal nature of the Parties and their domiciles (that is residence, registered office, place of business, etc.).
In the case that the contractual agreements between the Parties stated in the Contract (Order) are contrary to the provisions hereof, the provisions of the Contract shall prevail over the provisions hereof. If the User and the Provider enter into a written Contract, their rights and duties shall be governed by the provisions hereof only in the extent that they are not governed otherwise in such Contract.
The legal relationships (rights and duties) between the Provider and the User which is
an entrepreneur and acts within the subject-matter of its trade or other business activity which are not defined herein shall be governed by the provisions of the respective legal regulations, especially the provisions of the Act No. 513/1991 Coll. Commercial Code as amended
a consumer that are not defined herein shall be governed by the provisions of the respective legal regulations, especially the provisions of the Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Protection of Consumers as amended, Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods under Remote Contracts or Contracts Executed outside the Business Premises of the Seller.
In the case of a later loss of effect of any provisions hereof the validity of other provisions hereof shall not be impacted. In place of the invalid provisions and with the intention of filling the gaps a provision shall be used, if legally possible, which comes the closest to the meaning and purpose of these GTC.
The Parties have agreed that in the case of the origination of any dispute arising from the legal relationship ensuing from the Contract which they have concluded together and the legal relationships arising therefrom and related thereto, each Party shall be entitled to claim its rights at a general court of the Provider pursuant to the respective provisions of the Act No. 160/2015 Coll. Civil Dispute Procedure Code as amended.
The Slovak language shall be the prevailing language of any contract of the Provider with the User as well as of all the documents the Contract refers to. If, according to their first sentence, a contract, GTC or other documents are made in several languages, the Slovak language version shall prevail in the interpretation thereof, and translations into other languages shall function as informative documents only.
The natural person which enters into the Contract on behalf of a legal entity as the User shall be personally liable for all the legal consequences and the damage incurred if it has not been authorised to act on behalf of the User which is a legal entity, unless the Commercial Code valid in the Slovak Republic provides otherwise.
The Provider shall be entitled at any time to make a unilateral change of the GTC and the Domain Registration Price List. The agreement on the change of the Price List and the GTC shall be considered concluded and in force from the moment of the first use of the Service during the validity of the modified Price List and GTC. The User shall be notified of a change of the GTC in writing, that being especially by means of electronic mail. The User shall only be notified of a change of the Domain Registration Price List in the case of an increase of the Price, that being at the latest upon the issue of the invoice for the following billing period. As a proper notification of the change of GTC or the Domain Registration Price List shall be considered especially the publication of the notice on a visible place on the Provider’s website and a simultaneous sending of the notification about such a change to the User’s email address provided upon the conclusion of the Contract or its later updated replacement. A decrease of the Price shall as a rule be made known only by the publication on the Provider’s website.
A change of the GTC or the Domain Registration Price List shall be considered as communicated on the day of the delivery of a written notification to the User. In disputable cases, if it is impossible to verify the delivery, the change shall be considered as communicated on the day of the sending of the notification about the change of GTC to the last known address of residence or registered office or to the last known email address which the User provided in the Service Administrator Interface.
Other language versions of the GTC are provided only in order to facilitate communication with foreign entities. In the event of conflict, only the Slovak version will be legally binding.
These General Terms and Conditions shall come into force and effect on 31.5. 2017.