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.GI Domain Name Terms & Conditions
By registering a domain name ending in .gi (the "Domain Name"), you (the "Applicant") enter into a contract of registration with us, Sapphire Networks (the "Company"), on the following terms and conditions, and the .GI Domain Name Rules (the "Rules") and the .GI Domain Name Dispute Policy should be read together with these terms and conditions and any word or expression to which a specific meaning has been attached therein shall bear such meaning wherever it may appear.
1.
Service Description
1. The Company maintains the .gi top level domain register (the "Register") which may at the discretion of the Company be made public and will process and consider any applications submitted online by the Applicant via the Company's website at http://www.nic.gi (the "Application") and shall, at its sole discretion, register such Domain Names on the Register on the terms and conditions contained herein.
2.
Companies Obligations
1. The Company shall, upon receipt of an Application from the Applicant for the Registration of a Domain Name:
1. process and consider the Application in accordance with the Rules in force at the time of receipt of the Application and shall at its sole discretion decide whether to accept or reject the Domain Name for registration on the Register;
2. within two (2) working days from receipt of the Application notify the Applicant by e-mail of its decision to accept or reject the Application (the "Notification"). The Notification will be sent to the Registrant, Admin Contact and Billing Contact as specified in the Application.
2. In the event that the Application is accepted:
1. The Domain Name will be reserved and unavailable for Registration by any other Applicant.
2. The Notification will include:
1. an Invoice for the cost of the registration (the "Fee")
2. a time scale for receipt of payment (the "Time Scale")
as specified on the Company's Domain Name Prices. These prices and time scales are subject to change without notice.
3. Upon receipt of the Fee within the Time Scale, the Company will enter the Domain Name on the Register as a full registration within two (2) working days.
4. In the event that the Fee is not received within the Time Scale, the Invoice will be cancelled and the Domain Name will not be registered. The Domain Name will be released from its reserved state and made available again for Registration by any Applicant.
3. In the event that the Application is rejected the Company shall return any moneys received from the Applicant for the purposes of this Application.
3.
Applicant's Obligations
1. On receipt of the Notification confirming that the Application has been successful, the Applicant shall:
1. pay to the Company the Fee and do so within the Time Scale.
2. maintain the Register up to date and accurate with any changes to the Admin, Technical and/or Billing details.
4.
Term of the Agreement
1. This Agreement shall continue in force from year to year upon the same terms and conditions as contained herein save as to the payment of the Fee unless previously terminated by the Company.
2. The Registration shall be for a period as stated on the Company's Domain Name Prices commencing on the date of Registration unless previously determined in accordance with the provisions contained herein.
5.
Renewal
1. Approximately one month prior to the expiry of the Domain Name, the Company will send a reminder (the "Reminder") by e-mail to the Registrant, Admin Contact and Billing Contact as specified in the Application or as modified from time to time.
2. The Reminder will include an Invoice for the cost of the Renewal as specified on the Company's Domain Name Prices.
3. Failure to receive the Reminder is not an acceptable reason for non-payment. The Applicant accepts and agrees that they are fully responsible for monitoring the expiry of their Domain Name and that the Reminder is not an integral part of the Renewal procedure.
4. The registration will be extended for another year upon receipt of payment for Renewal prior to the expiry of the Domain Name.
6.
Cancellation
1. In the event of cancellation by the Applicant no refund of any moneys paid under this Agreement shall be made.
2. The Company shall be entitled to cancel the Registration:
1. where in its sole discretion the Company is of the opinion that such Registration may contradict the statutory obligations, the terms of a court order or where the Company reasonably believes that the Registration infringes the legal rights of a third party.
2. if the Domain Name is being used in a way that is likely to endanger any part of the Domain Name system or any Internet functionality.
3. if the Applicant has provided significantly inaccurate, unreliable or false contact details (including names), failed to keep the contact details up to date, or failed to provide these details at all.
4. if the Applicant is in breach of these Terms & Conditions.
5. on non-payment of Renewal prior to the expiry of the Domain Name.
7.
Use and Indemnification
1. The Domain Name may only be used for lawful purposes and the Applicant agrees to indemnify and hold harmless the Company and each of its Directors from any claims, costs, proceedings or actions resulting from the Applicant's use or registration of the Domain Name or the use of the Domain Name by any of the Applicant's clients or any other third parties whatsoever.
2. The Domain Name may not be resold or transferred and, as such, the Registrant details can not be modified.
3. The Applicant acknowledges that all correspondence is carried out via e-mail and accepts and understands that e-mail is not always completely reliable. The Applicant agrees to not hold the Company responsible or liable for any failures in receiving any e-mail notifications.
8.
Limitation of Liability
1. The Company's liability to the Applicant under this Agreement or otherwise shall be limited to 125% of the registration fees paid in respect of a particular period of registration.
9.
No Liability for use of Domain Name
1. The Company accepts no liability whatsoever or howsoever arising from the registration or use of any Domain Name.
10.
Severability
1. If any term of this Agreement or the application of such term to any person or circumstance shall be held invalid the remainder of this Agreement or the application of such term to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
11.
Waiver
1. No failure on the part of either party to exercise or delay in exercising any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereinunder preclude any other or further exercise thereof or the exercise of any right or remedy granted hereby or in law.
12.
Representations
1. This Agreement supersedes all previous representations, understandings or agreements made by the Company, its officers or agents whether orally or in writing and shall prevail notwithstanding any variance with terms and conditions of any orders submitted.
13.
Governing Law
1. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the Laws of Gibraltar, and the Applicant and the Company submit to the exclusive jurisdiction of the Gibraltar Courts.
14.
Invalidity
1. If any clause of this Agreement is held to be invalid or unenforceable in whole or in part then the invalid or unenforceable wording shall be deemed to be omitted.
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